Do You Need an Authorization to Return to Canada (ARC)?

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:

1. Departure Order
2. Exclusion Order
3. 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 Authorization to Return to Canada (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 Authorization to Return to Canada (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 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 ARC.

3. Deportation Order

If you have been the subject of a Deportation Order, you will need to apply for an 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 would 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 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 Authorization to Return to Canada will be dealt with 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 ARC. Usually, this happens if you do not have immediate plans to enter 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 requires more information, you may be asked to attend an Interview. Being prepared for this Interview is key.

What to include in an ARC application

The list below is 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 crucial that the officer believes that your intention 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 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 showing 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 can help you move forward. Please contact us for further information.

Also, check our site dedicated for Denied Entry to Canada and Authorization to Return to Canada (ARC)