What to Do When On Removal Order from Canada

Authorization to Return to Canada (ARC)

When issued a removal order from Canada, it is in your best interests to comply with the order if you wish to return in the future. After receiving a removal order, it is highly likely that you may need to apply for an Authorization to Return to Canada (ARC). The first section of this article will examine the types of removal orders given and which conditions require an ARC. The second section of this article will examine the assessment process when evaluating an ARC application.

Types of Removal Order

There are many reasons that removal orders are issued to non-Canadian citizens residing in Canada. Most removal orders are given based on inadmissibility. Some typical examples of inadmissibility outlined in the Immigration and Refugee Protection Act (IRPA) that could result in a removal order include:

• Security Reasons A34 – for example, committing espionage or terrorism
• Human and international rights violations A35 – for example, committing crimes against humanity
• Serious Criminality A36 (1) – for example, committing a felony crime
• Other Criminality A36 (2) – for example, committing a misdemeanor
• Organized Criminality A37 – for example, being involved in gang activity or human trafficking
• Health Grounds A38 – for example, being a danger to public health
• Financial Reasons A39 – for example, being unable to financially support oneself or dependents
• Misrepresentation A40 – for example, hiding or giving false information to an immigration officer
• Non-compliance with Act A41 – for example, a permanent resident that fails to meet residency obligations

As you can see, the origins of a removal order can be quite serious. When you receive a removal order from Citizenship and Immigration Canada or the Canada Border Services Agency, the document will contain a form number. This form number tells you what sort of removal order you have received. Each of these will be outlined below. In addition, it will also be indicated if you need to apply for an Authorization to Return to Canada.

Departure Order (form number IMM 5238)

If you receive a Departure Order you are required to leave Canada within 30 days. When leaving Canada, you will need to verify your departure with an immigration officer at the border or port of exit. Upon verifying your departure, you will receive a Certificate of Departure (IMM 0056B) from the officer. On this Certificate of Departure it will indicate the type of removal order along with your signature and date of departure from Canada. By following this procedure within the 30 day time limit, you will exempt yourself from needing to apply for an ARC upon return to Canada.

If you leave the country but fail to verify your departure with an immigration officer, then your Departure Order becomes a Deportation Order, even if you left within the 30 day time period. Deportation orders always require an ARC application upon returning to Canada.

If you don’t leave the country within the 30 day time period, then your Departure Order will become a Deportation Order. At this point the situation is much more serious and you may be forcibly removed from Canada. Upon return you will need to apply for an Authorization to Return to Canada.

Exclusion Order (form number IMM 1214B)

If you have received an Exclusion Order and verified your departure with an immigration officer, you will be able to return to Canada without applying for an ARC after 12 months outside the country. Upon return you may be asked to show your Certificate of Departure (IMM 0056B) that was given to you by the immigration officer.

However, if you attempt to return to Canada before 12 months have passed or return without having obtained a Certificate of Departure, it will be necessary to apply for an Authorization to Return to Canada.

Remember, there is a special exception that applies to those who have received an exclusion order for misrepresentation. In this case, you must wait for 5 years to pass before attempting to return to Canada. Otherwise you will need to apply for an ARC.

Deportation Order (form number IMM 5238B)

If you are issued a Deportation Order while in Canada, the implications are very serious. Essentially you are barred from Canada and can never return until asking for permission from Citizenship and Immigration Canada. A successful Authorization to Return to Canada (ARC) application will be necessary in order to enter Canada once again, no matter how much time has transpired since you last left the country.

After Receiving a Removal Order

As mentioned already, the most important thing you can do upon receiving any type of removal order is to obey the conditions for departure. Make an effort to comply with any time limits and always verify your departure from Canada with an immigration officer at the border or port of exit. Obtaining a Certificate of Departure (IMM 0056B) from the immigration officer can save you a lot of headaches later if you ever decide to return to Canada.

Assessment Process for Authorization to Return to Canada (ARC) Applications

Upon submitting an ARC application, the immigration officer will assess the ARC according to the following factors:

• Length of time since the removal order was issued
• Reason for the removal order
• Possibility that you will repeat the behaviour that necessitated the removal order
• Your reason for wanting to enter Canada

Each of these factors will be discussed in further detail below.

Length of Time since the Removal Order was Issued

This factor is fairly self-explanatory. The officer will assess your ARC application in regards to the type of removal order you were issued. For most exclusion orders, that means an Authorization to Return to Canada is necessary if less than 12 months have passed since exiting the country (except for Misrepresentation exclusion orders which are less than 5 years). For a deportation order, an ARC is always necessary.

Reason for the Removal Order

The circumstances which resulted in the removal order will be examined and play a big part in the officer’s decision to either allow or reject your ARC application. In the case of Serious Criminality or Security concerns, an officer will be less likely to grant you permission to return to Canada. However, if you had received a departure order for something like failing to meet residency obligations and forgot to obtain a Certificate of Departure upon exiting Canada, the officer evaluating your Authorization to Return to Canada application may be more sympathetic with your situation and approve your for re-entry.

Possibility that you will Repeat the Behaviour

The officer’s primary concern when evaluating an ARC application is that you are no longer a danger to Canada or Canadian society. The term “danger” can be evaluated in many different ways. For example, if you were issued a removal order on health grounds, you may have placed an excessive burden on Canadian medical and social services. If you are requesting an ARC and your health problems are still present, the officer may decide to reject your application.

On the other hand, if you were issued a removal order due to criminality and can prove that you have been rehabilitated and have atoned for your offence, the officer may see that you are no longer a threat to Canada and grant the ARC application.

Reason for Wanting to Enter Canada

The reasons for your return to Canada will also be considered by the immigration officer when evaluating your Authorization to Return to Canada application. If you don’t have a valid reason to enter Canada or are vague in your intentions the officer may decide that you should not be allowed to return. A valid reason can often tilt the scales in your favour when applying for an ARC. Solid justifications for returning to Canada could include:

• Coming to Canada on business
• Coming to Canada to visit family
• Coming to Canada for an emergency situation (for example, a close friend or family member’s declining health, attending a funeral service)

Whatever your reasons for seeking to return to Canada with an ARC, you should make every effort to provide details to the officer assessing your application.

Contact Akrami & Associates

For those who have been issued a removal order and wish to seek Authorization to Return to Canada, it is never too early to begin preparing your application. If you are planning on returning to Canada under an ARC application, allow our team of Canadian immigration lawyers and regulated consultants to assist you. By securing professional legal help and putting your best foot forward, you can increase your chances of having your ARC approved!