Authorization to Return to Canada (ARC)
An individual who was forced to leave Canada due to a removal order and wishes to return to Canada will need an Authorization to Return to Canada or ARC. This is formal permission granted by the Canadian government for individuals under removal order to legally re-enter the country. In some cases, an ARC may not be required thus it solely depends upon the removal order that was issued to the individual. Usually, the ARC application has to be submitted along with other applications unless the applicant is from a visa-exempt country. A document given to the individual before leaving Canada mentions the type of removal that was given. It is important to note that even if an individual qualifies for an ARC does not guarantee that they will get one as a legit reason would be required to re-enter Canada.
Types of Removal Orders
A removal order is issued whenever someone breaches the Immigration and Refugee Protection Act Canada. There are three types of removal orders, a removal order however is different from a Direction to Leave. A direction to leave will NOT require an ARC. The types of removal order are as follow:
A departure order in an order which means an individual who has been issued it must leave/depart from Canada within 30 days of a given specified date. If an individual received a departure order and left the country within 30 days having informed a Canadian Immigration Officer, he/she will not require an authorization to return to Canada or ARC. Though the individual can enter Canada without an ARC an entry is not guaranteed and can be denied entry at any port of entry.
In case the individual did not leave within 30 days of his/her departure order or failed to inform a Canadian Immigration Officer his/her departure order is changed into a Deportation Order and would now require an ARC. A reason will have to be stated why the individual was unable to leave Canada within the specified time.
An exclusion order is an order which excludes an individual from the territory of Canada for at least one year due to a particular reason. If an individual had received an exclusion order and left the country at least 12 months ago having a Certificate of Departure showing the date of departure an ARC will not be required to re-enter Canada. However, if an individual wish to re-enter Canada before 12 months have passed since his/her last departure he/she will have to apply for an ARC. Also, if the individual does not have a Certificate of Departure, he/she will have to apply for an ARC regardless of how much time has passed since the last departure.
A deportation order is a legal document that orders to deport an individual legally from Canada. If an individual had received a deportation order and was deported from Canada, he/she will need to apply for an ARC. If the deportation was due to a criminal inadmissibility a Criminal Rehabilitation will also be needed. In some cases, a Temporary Resident Permit or TRP will also be required.
Circumstances which can delay a Removal Order to leave Canada
If there is a delay in leaving Canada as per the removal order it may be due to the following reasons:
- Non-confirmation of Identify
- The individual has appealed and is going through legal proceedings
- The CBSA has had difficulty obtaining travel documents to allow the person to enter another country.
- The person did not appear to the location or time for removal and was issued an immigration arrest warrant.
- Dangerous circumstances prevent the person to be returned safely to his/her country of origin.
How to Apply for Authorization to Return to Canada
If any of the above circumstances apply to you an ARC will have to apply whenever you are applying to visit Canada. However, before applying you must well assess your situation as the Immigration officer will have to be convinced to grant you re-entry. To apply you will need to fill out the Authorization to Return to Canada ARC application and submit it along with all other requisite documents. The officer reviewing your palliation will take in the following considerations:
- The reason for your removal order
- How long ago the removal order was issued
- Your current situation
- Possibility of repeated behavior and why you were initially issued a removal order.
- The reason why you want to re-enter.
Important Documents whilst applying for ARC
The following documents must be attached along with your application for Authorization to Return to Canada or ARC:
- A Temporary Resident Visa TRP application completed online with a valid barcode.
- A copy of your passport
- Two recent passport size photographs (photographs must have been taken within six months of application)
- A written letter explaining the reasons for removal order and why you should be allowed to re-enter.
Processing Fees & Time for ARC
A processing fee of CAD 400 will have to be paid. The fee is non-refundable irrespective of what the final decision is thus if you wish to re-apply you will have to pay the processing fee again. The amount of time depends upon the nature of the application.
Appeal a Removal Order
An appeal can be launched if an individual is a permanent resident, holds a permanent resident visa, or is a protected person who was issued a removal order by the Canadian Border Service Agency. However. if the individual is inadmissible due to criminal activity, violation of human rights, or is a security threat he/she cannot apply for an appeal.
Contact Us to file an ARC application
If you need an Authorization to Return to Canada ASAP, then let us help you in filling your ARC application. We have skilled, knowledgeable, and experienced immigration professionals to help you create the right application that may increase your chances of acceptance.