In case an individual has been issued a removal order it directly means that they aren’t allowed anymore to stay in Canada. Moreover, depending on the type of the removal order, they may be banned from re-entering Canada for a time span or forever, without getting a proper document.
This document that they may require is called an authorization to return to Canada. An ARC is particular permission that a foreign national will need to legally return to Canada if they were issued a removal order.
There are three types of removal order:
- Departure order
- Exclusion order
- Deportation order
- An individual does not need an ARC when a departure order was issued if:
- left Canada within the compulsory 30 days and
- confirmed their departure with a Canadian immigration officer at the port of exit
- The individual needs to apply for an (ARC) if the individual left the country without confirming their departure, or more than 30 days after the departure order was issued, the departure order automatically becomes a deportation order.
- An individual does not need an ARC when an exclusion order was issued if:
- 12 months have passed since they left Canada and
- they have a certificate of departure showing the date they exited Canada
- an individual needs to apply for an ARC, if an individual wishes to return to Canada less than 12 months after the exclusion order was issued , or does not have a certificate of departure
If one received a deportation order they will require an ARC. Deportation requires you to leave Canada, confirming their departure with the CBSA, failing which CBSA will arrange for the removal.
In case of getting deported because of criminal inadmissibility, one must need criminal rehabilitation first and a TRP as an additional document with the ARC.
Therefore, one will require a valid reason to return to Canada , for getting an ARC as if there is not any valid reasoning the request for ARC will likely be rejected.
What to include in an authorization to return to Canada (ARC) application:
when an officer evaluates an ARC application, they will consider, among other things:
- the reason for the removal order
- the possibility that you will repeat the behavior that caused the order to be issued
- the length of time since the order was enforced
- applicant’s current situation
- the reason why the applicant wants to enter Canada
In many of the only having an ARC alone doesn’t mean the entry at the port of entry.
And a lot of times the direction to leave Canada is confused with removal from Canada as one doesn’t require ARC in the first case.