There are many circumstances that can result in foreign nationals being asked to leave Canada. Whether they are asked to leave voluntarily or not depends on whether they have been issued a removal order. Being asked to leave can refer to various different measures in which the Canadian government takes to ensure the departure of a foreign national. Therefore, depending on the measure that is taken, this will determine whether that foreign national will require an Authorization to Return to Canada (ARC) or not. Furthermore, there are three different types of removal orders that a foreign national can receive. In this article, I will explain the three types of removal orders, how to apply for an Authorization to Return to Canada, and other important information you must know about Removal Orders.
There are three different types of removal orders that can be issued to a foreign national; they are a departure order, an exclusion order or a deportation order. In order to determine which removal order the foreign national has been issued, they must first review the document that Immigration Canada had sent them and by looking at the form number on that document. Furthermore, I will explain what each removal order entails and what is required from the foreign national should they receive the removal order.
If a foreign national receives a departure order, they must proceed to leave Canada within thirty days of receiving the removal order. They must also inform Immigration Canada the moment they exit the country. If a foreign national is issued a departure order, they do not require an Authorization to Return to Canada (ARC) to re-enter Canada. If they would like to re-enter Canada in the future, they can do so at any port of entry in Canada so long as they abide by the requirements of the departure order.
Of course, the ultimate decision on whether they will be permitted entry into Canada in the future is always in the hands of the Immigration officer. They have the authority to deny the foreign national’s entry into Canada due to having a past removal order. Therefore, it is always best to be well-prepared for this decision and always carry the appropriate information and documentation when entering Canada
On the other hand, if the foreign national fails to abide by the requirements of the departure order, for example, they did not leave Canada within 30 days or did not inform Immigration Canada when they exited the country, the departure order will automatically become a deportation order. Unfortunately, the foreign national would then have to apply for an Authorization to Return to Canada (ARC) should they need to re-enter Canada.
If a foreign national receives an exclusion order, they must proceed to leave Canada and remain outside of Canada for at least 12 months (1 year). They must also inform Immigration Canada the moment they exit the country, similar to the departure order. If a foreign national is issued an exclusion order, they do not require an Authorization to Return to Canada (ARC) to re-enter Canada. If they would like to re-enter Canada in the future, they can do so at any port of entry in Canada so long as they abide by the requirements of the exclusion order.
Keep in mind, the same circumstance may apply when an Immigration officer is assessing whether to permit your entry into Canada. Ultimately, they have the authority to deny or allow any foreign national’s entry into Canada. Therefore, because of having a removal order, they are allowed to deny the foreign national’s entry into Canada. As a result, it is best to be well-prepared when entering Canada and have the appropriate information and documentation available if need be.
In contrast, if a foreign national fails to abide by the requirements of the exclusion order and did stay outside of Canada for at least 12 months or did not inform Immigration Canada about their exit, then you must apply for an Authorization to Return to Canada in order to re-enter Canada.
It is important to note that if the foreign national has been issued an exclusion order due to misrepresentation or fraud, unfortunately, they will be banned from entering Canada for a at least 5 years.
If a foreign national receives a deportation order, they must proceed to leave Canada and will be banned from returning. If the foreign national would like to re-enter Canada in the future, they will need to apply for an Authorization to Return to Canada. By applying for an Authorization to Return to Canada, the foreign national is asking the government of Canada for permission to re-enter the country, despite having previously asked to leave by deportation.
When applying for an Authorization to Return to Canada (ARC), it is best to determine whether or not you need one in the first place. For instance, if you complied with the requirements of a departure order or an exclusion order, then you will not need to apply for an Authorization to Return to Canada in order to re-enter Canada. However, if you did not abide by the requirements or if you were issued a deportation order, then you will need to apply for an Authorization to Return to Canada if you would like to re-enter the country.
Furthermore, when applying for the Authorization to Return to Canada, it is advisable to recognize the reasons for the removal order in the first place in order to address them when applying. If the circumstances have not improved or changed since leaving Canada, then it is very unlikely that you will be allowed permission to re-enter the country.
Additionally, if you require entry into Canada due to work, study or even to immigrate, then you will proceed with submitting the appropriate application form for any of those circumstances and the Authorization to Return to Canada will be considered in conjunction with that application. If you successfully receive an approval for the permit or visa, then you will be requested to submit a government fee for the Authorization to Return to Canada and proceed with the re-entry into the country.
In order to apply for an Authorization to Return to Canada (ARC), you need to provide specific information and documentation. The required information and documents are:
For foreign nationals who did not abide by the requirements of their departure order or exclusion order, they must instead explain why they did not abide by the requirements.
If you are requested to attend an interview or are required to submit any additional information or documentation, then you will be appropriately notified ahead of time by Immigration Canada. Immigration Canada will also communicate the final decision of your application.
In order to be permitted re-entry into Canada, it is essential that you abide by the requirements of your removal order and should you require an Authorization to Return to Canada, it is advisable to take into consideration all of the aforementioned information on how to apply for an ARC. Applying for an ARC can be extremely stressful and difficult to pursue on your own, given the certain circumstances. Therefore, it is highly recommended that you seek out professional and experienced help before proceeding with the application. Here, at Akrami & Associates, we work and have experience with many different immigration issues. We have helped many of our clients with removal orders and applying for ARCs. If you need assistance, please feel free to contact Akrami & Associates at our office at 416-477-2545 for more information or if you would like to book a consultation with an immigration professional for more advice.
With Akrami & Associates, there is always a way!
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