Authorization to Return to Canada

Authorization to Return

Applying for an Authorization to Return to Canada (ARC) is a mandatory formality if an individual wants to return to Canada following a previous removal order. Removal orders are binding on inadmissible individuals who are staying in Canada. Authorization to Return to Canada is necessary for some removal orders like deportation and exclusion.

ARC application should be capable of convincing the immigration authority that you deserve to return to Canada. A knowledgeable immigration consultant can help you apply for Authorization to Return by studying your situation.

Removal orders

You may face removal if you do not comply with the provisions of the Immigration and Refugees Protection Act. One must immediately leave Canada on receipt of an enforced removal order. One should avoid immigration issues during the stay in Canada because the rules for being inadmissible in Canada are very harsh. Following are some removal orders to note:

• Departure order- You should leave Canada within 30 days on receipt of a departure order. It is mandatory to notify the immigration officer about the departure, and failure to leave Canada within the period will get a deportation order. Authorization to Return to Canada is mandatory for individuals who comply with the departure order. However, the non-compliance can result in severe repercussions as the person will have to apply for ARC for return to Canada in the future.
• Exclusion order– The application for Authorization to Return may not be necessary if the individual plans to re-enter after twelve months from the date of leaving Canada upon receiving the exclusion order. The date of leaving Canada needs to be confirmed by the relevant certificate of departure. They should apply for ARC If the date of returning to Canada is before the expiry of the mandatory 12 months period.
• Deportation order– ARC is necessary if the individual leaves Canada because of a deportation order. In case of deportation because of inadmissibility, one may also require a Temporary Resident Permit or rehabilitation to seek legal entry in Canada.

There are two types of removal orders from the point of view of enforcement. Failure to leave Canada after receiving an enforceable order like deportation will lead to an arrest and subsequent deportation. Unenforceable orders allow the person to stay in Canada as long as the order does not become enforceable. Consulting a professional immigration expert will help you understand the gravity of the removal order and plan a course of action accordingly.

Applying for Authorization to Return to Canada (ARC)

All exclusion orders that require an individual to leave Canada have a specific countdown period that starts from the date of Certificate of Departure issued by the immigration officer. The period signifies the time for which the individual is not allowed to enter Canada without an ARC.

The period of 60 months is for exclusion order because of misrepresentation and 12 months for exclusion without misrepresentation. However, you will always need to apply for ARC if you want to return following removal by deportation.

An application for Authorization to Return to Canada must be able to deal with the following issues:

• Convincing reasons for returning to Canada
• Mention the details like reasons for receiving the removal order
• Convincing about not repeating the past mistakes that resulted in the removal order
• Highlight if there are any compassionate or humanitarian factors to support the ARC request
• Explaining the factors that outweigh the reasons for your removal order to justify your return
• Reasons that forced you to overstay if the removal order pertains to overstaying

Dealing with the reasons for your removal order before or while applying for Authorization to Return to Canada facilitates the process of getting permission to re-enter Canada through ARC.

Dev Immigration Services Inc is your reliable resource if you plan to return to Canada by applying for ARC. Call us today to find how to go ahead with the application process. We help individuals overcome inadmissibility concerns with a compassionate and professional approach.