If you have a removal order from Canada, you may need government approval to re-enter Canada. The form required to be authorized to enter Canada is an “Authorization to Return to Canada” known as ARC. Whether you need one depends on the type of removal order that was issued.
There are 3 types of removal orders. You can see the form number of the document you received, which will tell you the type of removal order. Please note that a Direction to Leave Canada(IMM 1217B) is not a removal order. If you have been the subject of a Direction to Leave Canada, you do not need to apply for an ARC.
1. Departure Order(IMM 5238)
This is the lightest removal order compared to the others below. If you received a Departure Order, you should leave Canada within the required 30 days, and verify your departure with a Canadian immigration officer at the port of exit.
If you left the country without verifying your departure or more than 30 days after the Departure Order was issued, the Departure Order automatically becomes a Deportation Order and you will need to apply for an ARC if you want to re-enter Canada.
2. Exclusion Order(IMM 1214B)
If you were issued an Exclusion Order, which may consist of a 12 months bar, an ARC is only necessary if you wish to return prior to the expiration of the applicable bar. If 12 months have passed since you left Canada, and you have a Certificate of Departure(IMM 0056B) showing the date upon which you left Canada you do not need an ARC. You may return to Canada subject to normal examination at the port of entry. Please be mindful that misrepresentation might cause up to 5 years of inadmissibility.
3. Deportation Order(IMM 5238B)
If you have been the subject of a Deportation Order, an ARC will be required under any circumstance. The typical examples are a denied refugee claimant, failed admissibility hearings or committing a crime.
If you were deported due to criminal inadmissibility, you will need to apply for criminal rehabilitation first. You may also need a Temporary Resident Permit to be allowed into Canada.
Be mindful that an incomplete or illegible application will be returned without being processed. There is no guarantee that you will be issued an Authorization to Return to Canada.
Contact us to learn if you are facing removal order, and need any help to apply for an Authorization to Return to Canada(ARC).