Authorization To Return To Canada (ARC)
If you have been issued a removal order, it means that you are no longer able to stay in Canada. Further, depending on the nature of your removal, you may be barred from re-entering Canada for a period of time or forever, without first receiving the proper documentation.
The document that you may require is called an Authorization to Return to Canada. If you have been issued an exclusion order and wish to return prior to the imposed bars or if you have been issued a deportation order, you will definitely require an Authorization to Return to Canada.
These applications are complete and processed in accordance with the Canadian Border Services Agency. This Agency is essentially charged with and responsible for border enforcement, immigration enforcement and customs services.
Applying for an Authorization to Return to Canada involves asking for special consideration with respect to changes in circumstance and the reason for your intended entry to Canada.
As mentioned earlier if you have received a removal order from Canada you will probably need an Authorization to Return to Canada (ARC) if you want to return. Whether you need one depends on the type of removal order that was issued.
There are three types of removal orders:
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Departure Order
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Exclusion Order
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Deportation Order
Under subsection A52(1), a foreign national must obtain a written ARC after the enforcement of any of the following removal orders:
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A deportation order (lifetime ban from returning to Canada) [R226]
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A departure order that becomes a deportation order (lifetime ban from returning to Canada) [R224(2)]
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An exclusion order:
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One-year ban [R225(1)].
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Two-year ban [R225(3)].
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1. Departure Order
a) If you received a Departure Order and
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left Canada within the required 30 days and
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verified your departure with a Canadian immigration officer at the port of exit
you do not need an ARC. This is good news! So long as you have complied with the above, you can return to Canada subject to normal examination at the port of entry.
Now, even though you do not need an ARC to return to Canada, you can still be denied entry at the border. For this reason, at Arborway Immigration Inc. we will prepare you for the border interview as well as prepare an Entry Package for you to carry along with you. The Entry Package will explain to the Immigration Officer at the border your situation and why you should be allowed entry.
b) 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 need to apply for an Authorization to Return to Canada (ARC)
2. Exclusion Order
a) If you were issued an Exclusion Order and
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12 months have passed since you left Canada and
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you have a Certificate of Departure showing the date you left Canada
you do not need an Authorization to Return to Canada (ARC). Again, you can still be refused at the port of entry. This is why the interview preparation and the Entry Package will do you justice.
b) If you wish to return to Canada less than 12 months after the Exclusion Order was issued, or do not have a Certificate of Departure, you need to apply for an Authorization to Return to Canada (ARC).
3. Deportation Order
If you have been the subject of a Deportation Order you will definitely need to apply for an Authorization to Return to Canada (ARC).
Many people confuse the Direction to Leave Canada as a removal order. A Direction to Leave Canada is not a removal order therefore you do not need an ARC if you have received a Direction to Leave Canada.
Before you apply for the ARC, consider why you were issued an enforcement order, as well as your current situation. Meaning, even if you qualify for the ARC it still does not mean you will be granted the ARC if you do not have a valid reason to return or travel to Canada.
Also, keep in mind that if the circumstances that led to the removal order being issued have not changed, it is less likely that you will be granted permission to return.
If you were deported because of criminal inadmissibility, you will need to apply for criminal rehabilitation first. You may also need a Temporary Resident Permit to be allowed into Canada. So, along with the ARC you may also require other documents to enter Canada. Please contact us for further clarification on this. We are here to help you.
An Authorization to Return to Canada (ARC) application should be applied at the same time you apply for the other necessary documents. If you are applying to come to Canada for any reason, (visiting, studying, working or immigrating), you should not submit a separate application for an ARC. If your application is approved, the ARC will be dealt within the context of that application. So submitting all the necessary documents at once will be key to a successful application.
If you are not applying to come to Canada for any reason (for instance, if you plan to visit Canada but do not need a visa to enter), you should submit a separate application for an Authorization to Return to Canada (ARC). Usually this happens if you do not have immediate plans or need for entering Canada. Just be aware of the extensive processing nature of these applications.
A very significant fact to remember is that your departure order will automatically turn into a deportation order if you did not leave Canada within 30 days of the day the departure order was issued. If this is the case for you, you must also explain the reasons why you did not leave Canada in the allotted time frame given to you.
If the Immigration Officer is not satisfied with the information presented, or requires more information, you may then be asked to attend an Interview. Being prepared for this Interview is key.
Before an application for an ARC can be considered, the removal order must first be enforced. A removal order can be enforced by two methods: either at a POE, or at a visa office outside Canada pursuant to subsection R240(1) or R240(2). A removal order is enforced under these provisions only after an officer has issued a Certificate of Departure [IMM 0056B]. For further information on enforcing a removal order at a visa office outside Canada please contact us today.
Note: Persons who have been issued any removal order on the basis that they are an accompanying family member under paragraph A42(b) do not require an ARC.
An ARC is issued to overcome a removal order. At visa offices outside Canada, only an Immigration Program Manager, Deputy Program Manager, or Operations Manager has the designated authority to make the decision to grant or deny an ARC.
What to Include in An Authorization to Return to Canada Application
Below is a list of some of the factors the officer will consider:
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the reasons for the removal order
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the possibility that you will repeat the behavior that caused the order to be issued
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the length of time since the order was issued
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your current situation
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the reason why you want to enter Canada.
It is very important that the officer believes that your intention in Canada is genuine and that you will not repeat the behavior that caused the order to be issued in the first place. Many persons are issued removal orders because they have overstayed their welcome in Canada. To attempt to show the officer that you will not once again overstay, you should provide ample documentation proving your ties to your home country. Documentation showing your temporary entry to Canada and documentation to show you have reasons to leave Canada at the end of your stay is essential.
At Arborway Immigration Inc. our Registered Canadian Immigration Consultants can review your documents and write a thorough submission explaining to the officer your situation. We are here to help you move forward. Please contact us for further information.
Applying for An Authorization to Return to Canada (ARC)
If you intend on submitting your application without the support of a representative, there are a couple of factors you should keep in mind.
Appeal a Removal
Foreign nationals who hold a permanent resident visa, permanent residents and protected persons who have had removal orders issued against them at an examination or admissibility hearing can appeal to the Immigration and Refugee Board's Immigration Appeal Division. However, you cannot appeal if they have been found inadmissible for any of the following reasons:
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You are considered a security threat;
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You have violated human or international rights;
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You have received a sentence of at least two years for criminal activity;
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You are or have been involved in organized crime; or
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You have made a misrepresentation, except in cases where the person is the sponsor's spouse, common-law partner or child.
You can launch an appeal if you have been ordered removed or by the Canadian Border Services Agency. The Immigration Appeal Division can stay (postpone) removal orders.
The Immigration Appeal Division will hear your appeal in court. If the appeal is rejected, you can then ask the Federal Court to review the Division's decision. Sometimes there is a delay between the time a removal order is issued and the time a person actually leaves Canada. The reason(s) for this can include the following:
Appeals and legal proceedings: The person has appealed the removal order or may be involved in other legal proceedings, such as a criminal trial.
Travel documents: The Canadian Border Services Agency (CBSA) may have had difficulty obtaining passports or visas to permit the person to enter another country.
Identity: The person's identity or citizenship cannot be confirmed.
Failure to appear: The person does not appear for removal at the proper time or location, and the CBSA must issue an immigration arrest warrant.
Temporary suspension of removal: Dangerous conditions exist that make it impossible to safely return the person to the country of origin
We Can Help You with Your Authorization to Return to Canada Application!
At Arborway Immigration Inc. we can help you draft your application and arrange the required documents. A well-planned and complete application will increase your likelihood of acceptance and will save you and your family from hassle.
If you are worried about the legal fees, don't be! Our goal is to help everyone that is interested in immigrating to Canada. Contact us and we can provide numerous options for you. If you are still not sure, feel free to get back to us. We will review your case before you submit it to give you the best possible outcome.
Avoid the refusal of your application due to filling of the forms without knowledge of the law. Once an application is refused, a permanent record is created. Seek professional help from an experienced, ICCRC certified consultant.
Get help by contacting us at +1 (289)856-9437 or write us at arborwayimmigration@gmail.com to book a consultation today