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      [Immigration Law] Authorization to Return to Canada(ARC)

      9 Jun, 2022

      Authorization to Return to Canada(ARC)

       

      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.

       

      Whether you need ARC or not – Types of removal orders

      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.

       

      Important information about an Authorization to Return to Canada(ARC)

      An ARC cannot be filed within Canada and unlike a TRP, a Canada Border Service Agency(CBSA) officer does not have delegated powers to issue an ARC at the border. An Arc must be submitted at the consulate or Embassy serving the foreign national.

      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.

      When an officer assesses your application, they will consider, among other things:
      • the reasons for the removal order
      • the possibility that you will repeat the behaviour that caused the order to be issued
      • the length of time since the order was enforced
      • your current situation
      • the reason you want to enter Canada.
      An ARC is not easy to obtain and requires the expert advice of a specialist about immigration law.

      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).

      Information contained on this website is intended as general introductory information only. The information contained on this website is not legal advice. It should not be construed as legal advice and should not be relied upon as such. No solicitor-client relationship arises as a result of accessing or reading the information contained on this website.
      Posted in: Immigration Law

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