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 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 Authorization to Return to Canada involves asking for special consideration with respect to changes in circumstances 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 to submit your application without the support of a representative, there are a couple of factors you should keep in mind.

Appeal a Removal Order

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 return the person to the country of origin safely

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