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Shabnam Akrami is the Managing Partner and Founder of Akrami & Associates.

Can I come back to Canada with Removal Order

Can I come back to Canada with Removal Order

Applying for an Authorization to Return Canada

If you are looking to come back to Canada but the government has issued you a removal order then you must apply for an Authorization to Return Canada (ARC) . An Authorization to Return to Canada is a documentation that states you are allowed to enter Canada as long as the conditions of their removal order have been satisfied. The most common reason individuals need an ARC is because they had overstayed their welcome stay in Canada as student, worker or tourist. Another reason you can be removed from Canada is for getting charged with a criminal record. Below will discuss different types of removal orders and what steps you can take to return based on your unique situation.

Who needs an Authorization to Return Canada?

There are a few different types of Removal Orders one may receive that is why it is advisable to recognize what type was issued to you before starting the ARC application process; as this piece of documentation is not necessary for all forms of removal orders.

  1. The first type being a Departure Order, If you received one but you left the country within the 30 days given to you and have verified your departure with a Canadian immigration officer at the port of exit; you do not need an ARC and may return to Canada just like everyone else.

  2. The second type being an Exclusion Order, if you received one and the 12 months given to you has passed since you left Canada, and you have a certificate of departure showing the date you left Canada; then you do not need an ARC and may return to Canada just like everyone else. If you like to enter before the 12 month period then you need to apply for the ARC application.

  3. And the third being a Deportation Order, if your received one you will need to apply for an ARC. Unfortunately you may not return to Canada before an authorization to return application has been filed and an ARC was issued.

    Those who have been issued a Deportation Order or those who have failed to meet the terms set out to them by the government of Canada during a Departure or Exclusion order will all have to file for an Authorization to Return to Canada. However those who have respected the wishes of either their departure order or their exclusion order are able to come to Canada without an ARC and in fact do not need to file one.

What should I do before I apply for ARC ?

Before applying for an Authorization to Return to Canada it is important to consider a few factors that could stop an immigration officer from issuing it to you, as some of these factors can be influenced based on decisions that you make in the leading days/weeks/months before your application.

Firstly, it is important to acknowledge whether or not one was removed from the country because of a criminal inadmissibility issue. If one was issued a removal order because of a criminal inadmissibility, they must first clear their name of any and all criminal inadmissibility’s they may have; before applying for an authorization to return. They can do this by filing for Criminal Rehabilitation if the offence occurred outside of Canada or Record Suspension if the offence occurred in side Canada. You may also be able to overcome your inadmissibility on temporary basis by applying for Temporary Resident Permit (TRP).

Once you have cleared any inadmissibility into the country the next thing to consider are the reasons for your removal order and the likelihood for you to reoffend. The likelihood to reoffend is something that Canadian immigration officers take into great importance when considering an ARC application.

For example, if you were issued a Removal Order because you were working illegally and like the ARC application to approved you must demonstrate to the immigration officer:

  • That you have job back home and no reason to work in Canada
  • That you will exit Canada once your authorized stay is done by showing ties to your home country
  • Show you have sufficient funds to take care of yourself during your time of stay
  • Have enough money to go back to your home country

Another thing to consider when applying for ARC is the length of time since the refusal order was issued. If not enough time has passed since you were issued the removal order than the decision of the immigration officer when it comes to your ARC application could be affected.

When looking for genuine and authentic applications an applicant who has seemingly turned their life around in only a matter of weeks for example could be looked down upon by the officer and ultimately ones application could be refused because of it.

Also, the reason you wish to come to Canada plays an important role for getting the application approved or refused. When you apply for ARC application the immigration officer wants to know why you want to Canada and the importance of the event. So whether it is for tourism, work, study, business, family emergency or whatever the case be explain the importance of it and ties to your home country.

How do I apply for ARC application?

If you are looking to study, work or travel to Canada for tourism purposes you would have to meet the requirements for your visa or permit and at the same time meet the requirements for the ARC application. This has to be done all together and is never to be done separately from an ARC application; as the two immigration issues will be dealt with at the same time.

What Documents to include with ARC Application?

  • A completed Temporary Resident Visa application form
  • two passport size photographs taken within the last six months
  • A copy of your passport
  • A written letter explaining in detail the reasons why you feel you should be allowed back in Canada, written in English, French or a certified translation of any language into either English or French
  • As well as the processing fee’s attached to the application process

Need help with entry into Canada then Contact Akrami & Associates today!!

If you have past removal order and like options for re-entry to Canada then contact Akrami & Associates today at 416-477-2545 or our toll free number at (1)-877-820-7121. Remember ARC applications are not easily approved by citizenship and immigration Canada therefore consult with an immigration expert prior to starting or submitting your application.

With Akrami & Associates there is always a way !!

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