Denied Entry to Canada or on a Removal from Canada

I am Denied Entry to Canada what do I do next?

If you have been denied entry into Canada, it can be because of inadmissibility. This can be because of criminality, medical, financial, etc. If you committed a crime outside of Canada, then you will be criminally inadmissible. You can also be denied because of your medical record. Your medical concerns may pose a burden on the Canadian healthcare. You can also be denied on un-compliance because you might have done something bad in Canada in your previous stay or stayed longer than your permit allows you too. In addition you can also be denied because you do not comply with the Immigration and Refugee Act. You can apply for a temporary residence to solve these problems.

If you have been denied entry into Canada because of your criminal, medical record, and un-compliance then you can apply for a temporary residence permit. This allows you to overcome your inadmissibility. If you have been convicted of a crime, then you can apply for criminal rehabilitation. But if your sentence is minor or if enough time has passed since you committed the crime you can be deemed rehabilitated. To solve your medical inadmissibility you can provide records from your doctor to prove that you won’t be a strain on Canada’s healthcare. There are two ways in which you can prove to get a temporary residence permit.

  • You won’t be a strain on Canada due to your inadmissibility
  • You have a valid and compelling reason to come to Canada

If your family is travelling with you too, then they can be considered inadmissible too. If the officer reviewing your application deems it is necessary for them to travel with you, then your family members will each be issued their own temporary residence permit. They will also need to apply from before if they want to work or study. They will be issued a work or study permit if they are accepted.

The officer reviewing your application will assess the need vs the risk. If he feels that you pose a risk on Canadian society, then he can send you back. Thus you must demonstrate the need is greater than the risk you can potentially pose. The officer has the complete discretion of whether to accept or deny you.

What is a Removal Order?

Removal orders may be issued for various reasons; there is not one specific reason why anyone would get certain removal orders. It all depends on every individual situation and it is up to the discretion of the officer to decide on what happens next.

On What basis can I be removed from Canada?

There are three separate removal orders that may be issued to escort a person outside of Canada, they are:

  • Departure Order
  • Exclusion Order
  • Deportation Order

Departure Order

Departure order is issued when Canada requires you to leave the country for whatever reason they see fit. There is a broad range of reasons for issuing the Departure Order.

If you had been served a departure order, you had left Canada within the required 30 days, and you verified your departure with a Canadian immigration officer, you do not require authorization to return to Canada (ARC). You can just return to Canada and will be subject to the normal examination done at the port-of-entry.

If you were issued a Departure Order and you did not verify your departure with a Canadian immigration officer or you did not leave within the allotted 30 days, then the Departure Order becomes a Deportation Order. In that situation, you will not be allowed to re-enter Canada unless you have authorization to return to Canada (ARC).

Exclusion Order

There are two different types of Exclusion Orders:

  • Exclusion Orders issued for a one-year ban
  • Exclusion Orders issued for a two-year ban

Those with an Exclusion Order that have left Canada for more than 12 or 24 months (depending on their removal order) and they have a Certificate of departure that shows the specific date of when they left, do not need an ARC. They can return to Canada once the 12 or 24 months are over and are subject to the standard examination by a border officer at the port-of-entry.

If there were an Exclusion Order against a person and they would like to enter Canada within the 12 or 24 months that they are designated to stay outside of Canada, and then may apply for an ARC.

Deportation Order

There is no exception to enter Canada without needing to get an ARC if you have a deportation order against you in Canada. You always will need to have an ARC because of the seriousness of a Deportation Order.

Deportation Orders require the individual to describe, in full detail, the reasons why they should be allowed to return to Canada. If they received the Deportation Order because it was a Departure Order previously, the applicant should explain in full detail why they had not left Canada within the 30 days.

There is a separate process if you had been deported because of criminal inadmissibility.

Is there any outstanding fees for removal orders?

If you had to be removed from Canada, and there were costs incurred in the application of removing you from the country then there may be outstanding fees that you may be required to pay if you would like to return to Canada. Once you file your application, if you have any outstanding fees to pay, the officer reviewing your application will give you written notice telling you the amount you owe and must pay.

Who Qualifies for Authorization to Return to Canada (ARC)?

You may require authorization to return to Canada if, you had ever been asked to leave Canada through one of the three types of removal orders used in Canada. The three types of removal orders are:

  • Departure order: which gives you the choice to leave Canada voluntarily or else you will be forced to leave
  • Exclusion order: which is an order that requires you to stay away from Canada for a certain time period
  • Deportation order: forcing you out of Canada and bans you from ever returning (unless you have authorization)

If you have been issued, any one of the removal order in the form of one of the three stated above then you were required to leave Canada and not return. The only way you could return is if you received authorization to return (ARC) into Canada.

What Documents do I need to include with my ARC application?:

  • A Temporary Resident Visa application form that was fully complete online and validated fully to create a barcode for the application,
  • Two standard passport sized photographs that were taken within the last six years,
  • A copy of your current passport,
  • A letter written in either English or French explaining, in complete detail, the reasons why you feel you should be given authorization to return to Canada.
  • The processing fee of approximately $400 Canadian

If the removal order you received was a departure order but you had not left within the allotted 30 days and it became a deportation order, you must explain why you did not leave Canada once the order was issued.

Are there any outstanding fees for ARC application?

If there were any costs incurred by the Canadian government when they were removing you from the country in accordance with a removal order, you may be obligated to pay it. If there is an outstanding balance on your behalf, you will be informed of it when your application is being processed and you will be required to pay it before your application can continue to be processed and before you are allowed into Canada. If you have any outstanding fees, you will not be allowed into Canada until they are fully paid off.

Additional documents/Interview for ARC

You may be required to provide additional documents if there is some information that they need clarified. You also may be required to attend in interview if they have any questions for you or your situation. Both of these requests will be sent to you, in writing. Your final decision will also be sent to you through writing.

Process for ARC Application

There are different things the officer assesses when looking over an application for authorization to return to Canada. Some of the things that may consider, among other things:

  • The reasons for the removal order
  • The possibility that you will the behaviour that caused you to be removed from Canada in the first place
  • How long it has been since the removal issue was ordered
  • Your current situation
  • The reason why you want to re-enter Canada

Contact Akrami & Associates

If you have been Denied Entry to Canada for an inadmissibility issue or are on a Removal Order and not sure what to do to help getting back into Canada then please do contact our office for legal advice on your immigration matter. We can help you obtain a Temporary Resident Permit or help you file for an Authorization to Return to Canada application. Contact our office today at 416-477-2545 or call our toll free number at 1-877-820-7121 to set up a consultation with a legal professional.

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