Your return to Canada heavily depends on the Canadian Immigration Officer’s decision. If you were issued a deportation order, you must apply for an Authorization to return to Canada (ARC) to enable you to reenter Canada.
The ARC allows you to return to Canada whenever you want. The need for Authorization to Return to Canada depends on the issued removal order. Before going into details, you must understand that there are three types of removal orders.
Types of Removal Orders
Generally, removal orders are categorized into three different types. Before you apply for an ARC, make sure to check which removal order the Canadian Immigration Office issued you.
Departure Order / Form Number IMM 5238
You won’t need an ARC if you’ve received a removal order from concerned authorities and
- Left Canada within 30 days after receiving the removal order.
- Canadian Immigration Officer verified your departure at the exit port.
As mentioned above, you don’t need an Authorization to Return to Canada, but a regular examination is required at the port of entry.
The departure order will become a deportation order if you are unable to verify your departure or stay more than 30 days after the Departure Order was issued. In this case, you will have to apply for an ARC.
Exclusion Order/ Form Number IMM 1214B
You are not required to apply for an ARC if an Exclusion Order was issued and
- You left Canada almost 12 months before the expiry date.
- You have a dated Departure certificate.
Similarly, the Immigration Officer will perform an examination at the entry port.
However, you will have to apply for ARC if you want to return to Canada within 12 months from the date the Exclusion Order was issued and do not have a Departure Certificate mentioning your departure date from Canada.
Deportation Order/Form Number IMM 5238B
If you were issued a deportation order, you will be required to apply for an ARC.
Please note that Direction to Leave Canada does not come under removal orders, and you do not need ARC to return to Canada.
Points to Assess Before Applying for ARC
Before applying for an ARC, you must assess the reasons why you were issued an enforcement order to begin with (overstayed in Canada, work in Canada without authorization, etc. ) and then you must evaluate your current situation. Is it different from what it was when you were issued an enforcement order? Are you currently working? Do you have enough ties to your country of residence? Remember the officer assessing your application must be satisfied that this time you will abide by the terms and conditions of your visa.
If all the circumstances that caused removal order issuance remain the same, then there is a small possibility that the ARC will be granted. For work, study, visit, tourism, or immigration, the Canadian Immigration Officer will not need you to apply for an ARC separately. If your application is approved, then the ARC will be processed. However, you will be required to submit the non-refundable processing fee.
Moreover, you will have to pay a new processing fee if your application is rejected and you wish to submit another application.
You must keep in mind that if the Government of Canada covered your flight cost to remove you from Canada, you will have to repay this money prior to receiving an ARC.
How To Apply for An ARC?
You need the following documents to apply for a visa or permit to visit Canada:
- Temporary Resident Visa Application Form, which should be completed and validated.
- Two (2) passport size photographs.
- Passport
- A letter explaining your purpose or reasons for returning to Canada.
- A processing fee in the amount of $400 CAD.
Moreover, if your departure order became a deportation order, you must explain why you did not leave the country within 30 days after the removal order was issued.
ARC Application Assessment
The Immigration Officer will assess your application and will consider the following:
- Reasons for your removal order;
- Possibility of you repeating the same act that caused the removal order in the first place;
- Your current situation;
- Reason for entering Canada;
- Time since removal order was issued
The immigration officer will not process your application if it appears ineligible or incomplete. Remember that the Canadian government does not guarantee the issuance of Authorization to Return to Canada.