Authorization to Return to Canada
ARC or Authorization to Return to Canada
Even if you receive an approved ARC, you can still be denied entry at the port of entry. A decision on your admissibility can only be made when you apply to come to Canada or at a port of entry. So it is essential to be prepared from the beginning until you have successfully entered Canada.
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:
- Departure Order
- Exclusion Order
- Deportation Order
1. Departure Order
a) If you received a Departure Order and
- left Canada within the required 30 days and
- 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 it 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, as mentioned above you can still be denied entry at the border. For this reason, at Akrami & Associates we prepare you for the border interview as well as prepare an Entry Package you can carry 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 ARC
2. Exclusion Order
a) If you were issued an Exclusion Order and
- 12 months have passed since you left Canada and
- 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 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 does not mean you be granted the ARC if you do not have a valid reason to return 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 given 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 in addition to 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 move forward!
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 to entering Canada. Just remember all the extensive processing of these applications.
Some visa offices have their own forms you need to use to apply. If the visa office does not have its own forms, you must include:
- a Temporary Resident Visa application form, fully completed in online and validated to create the barcode page.
- two passport size photographs taken within the last six months.
- a copy of your passport.
- a written letter (in English or French) explaining, in detail, the reasons you feel you should be allowed to return to Canada. The letter must be written in block letters in black ink or typed.
- the processing fee ($400 CAD). Check the visa office website for payment instructions.
Another key thing to remember is your departure order will 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 you did not leave Canada in the allotted amount of time.
If the Immigration Officer is not satisfied with the information presented, or require more information, you may be asked to attend an Interview. Being prepared for this Interview is key.
What To Include In An Authorization to Return to Canada Application
The list below are just some of the factors the officer will consider:
- 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 issued
- your current situation
- the reason why you want to enter Canada.
It is very important that the officer believes that your intend in Canada is genuine and that you will not repeat the behaviour that caused the order to be issued in the first place. Many persons are given and 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 Akrami & Associates we can review your documents and write a thorough submission explaining to the officer your situation. We are help you move forward. Please contact us for further information.
Applying For An 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.
Akrami & Associates will guide you every step of the way with this. Contact us for more details.
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:
- You are considered a security threat;
- You have violated human or international rights;
- You have received a sentence of at least two years for criminal activity;
- You are or have been involved in organized crime; or
- 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
Applying For An Authorization To Return To Canada (ARC)
An Authorization to Return to Canada or ARC is a special permission that you will most likely need if you have been the subject of a removal order. A removal order has three categories, each of which results in your inadmissibility to Canada for any number of reasons. If you have overstayed your authorized period of stay in Canada and were given a departure order, or you did not comply with your departure order and were then apprehended and given a deportation order, or misrepresented yourself in an application and were given an exclusion order; You will need an Authorization to Return to Canada depending on your situation.
Akrami & Associates and our team of highly skilled immigration professionals have much experience in helping people return to Canada in these circumstances. Contact us to find out how we can help you!
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 issued
- your current situation
- the reason why you want to enter Canada.
If the above situations apply to you, we can definitely assist you with this. Contact us to find out how we can help you return to Canada!
You can also check our site dedicated to Denied Entry To Canada
We Can Help You With Your Authorization to Return to Canada Application!
We have dealt with hundreds of Authorization to Return to Canada Application cases. We have helped our clients in their difficult situations and have guided them to draft a more effective application. 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 your 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. You can also purchase our very affordable Do it Yourself Immigration Kit which details everything 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.
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