Authorization To Return To Canada (ARC)
If you are foreign national that has received a removal order from Canada Immigration, you may have to apply for an Authorization to Return to Canada (ARC).
This depends on the specific type of removal order that was issued. An application for an ARC is required for a deportation order before being able to return to Canada. Your potential return to Canada will also depend on a decision by Canadian Immigration. With an Authorization to Return to Canada, you can re-enter Canada whenever you wish.
Canada Refugee Protection Act
Refugee claimants receive conditional Removal Orders. If a claim is accepted, the order is not enforced; however, if the claim is rejected, the Removal Order comes into force. For those who become permanent residents of Canada, the Removal Order becomes void.
Applying For An Authorization to Return To Canada (ARC)
The following documents are required to apply for a visa or permit before re-entering Canada:
- Temporary Resident Visa Application Form, which should be completed and validated.
- Two (2) passport-size photographs.
- A detailed letter explaining your reasons for returning to Canada and your plans for leaving the country again after your visit. The letter should clearly state your purpose for returning to Canada and provide specific details to support your application for re-entry. It is important to explain why you will return to your country of residence and provide evidence to support your intention to depart Canada at the end of your visit. The more comprehensive and detailed your letter, the better your chances of being granted permission to enter Canada again.
- You must include all the necessary supporting documents with your application to substantiate the details mentioned in your letter.
If you received a departure order that escalated into a deportation order, you will need to explain why you didn’t leave the country within 30 days as dictated in the order.
If you are from a visa-exempt country and need an Authorization to Return to Canada, you must submit these documents by mail to the visa office for your region.
The application process can be complex and challenging, but at Oro Immigration Services, we strive to make it as smooth and stress-free as possible. We are dedicated to ensuring that your application meets all the necessary requirements and that you have the best possible chance of receiving a positive decision.
Authorization To Return To Canada (ARC) Application Assessment
The Immigration Officer will assess your application and will take into consideration the reasons for your Removal Order, the possibility of you repeating the same act that caused you to be given the original Removal Order and the time since your Removal Order was issued. Your current situation and reason to enter Canada will also be considered.
Your application will not be processed if it is ineligible or incomplete. The Canadian government does not guarantee the issuance of an Authorization to Return to Canada.
An Authorization to Return to Canada (ARC) has a non-refundable processing fee of $400 CAD which must be paid at the time of application. Foreign nationals who were removed at the expense of the Canadian Government of Canada must pay for those outstanding expenses before the ARC is granted. If your application is rejected and you apply again, you need to pay the fee again.
Temporary Resident VISA
You do not need to apply for an Authorization to Return to Canada (ARC) from a Temporary Resident Visa application; the only difference between these two is that an Authorization to Return to Canada (ARC) has a processing fee.
Removal Order For A Foreign National
There are three types of Removal Orders issued by Immigration, Refugees and Citizenship Canada (IRCC) or the Canada Border Services Agency (CBSA) officers. These are Departure Orders, Exclusion Orders, and Deportation Orders. Before applying for an Authorization to Return to Canada (ARC), confirm which removal order you received.
If you received a departure order or an exclusion order, you do not need to apply for an ARC. With these orders, you simply need to follow the requirements of the removal order before returning to Canada. However, if you do not abide by the requirements, you may then need an ARC. For example, if a foreign national fails to leave Canada within 30 days of receiving a departure order, or does not obtain a confirmation of departure, the departure order becomes a deportation order. If you received a deportation order, you do need to apply for an ARC.
A Direction to Leave Canada is a different process, and you will not need an ARC to return to Canada.
You don’t need an ARC if you received a Departure Order (Form Number IMM 5238) and left Canada within 30 days after receiving your removal order. A Canadian Immigration Officer must have verified your departure at the exit port. You will, however, need a regular examination at the port of your entry.
If you cannot verify your departure, or do not leave Canada within 30 days of the Departure Order being issued, it will become a Deportation Order requiring an ARC.
You also do not need to apply for an ARC if you were issued an Exclusion Order (Form Number IMM 1214B) and have been away for the one year period that they are effective for. However, if you are wanting to return before the year has passed, you will need an ARC. Exclusion Orders that were issued for misrepresentation prevent foreign nationals from returning to Canada for five years. You will need a dated departure certificate. Furthermore, if the Canadian government paid for your removal expenses, this amount will have to be paid back before you enter Canada. Again, there will be an examination at the entry port.
If you received a Deportation Order (Form Number IMM 5238B), you need to apply for an ARC.
Considerations In The Application Process
As part of the application process, you need to address the reasons why you were given an order to leave, such as involvement in serious criminality, and why you should be allowed to return. If an applicant was involved in organized crime, a negative decision is likely. If you overstayed in Canada or without authorization, you should explain your circumstances and clarify how your situation has changed. If you are working and have sufficient ties to your home country, a positive final decision is more likely. You need to provide evidence that you will abide by the terms and conditions of your visa.
If your circumstances have not changed, the ARC is unlikely to be given. For immigration, or a visit, work, tourism, or study permit, you do not need to submit a separate application for an ARC to a Canadian Immigration Officer.