Immigration Lawyer

Authorization to Return to Canada (ARC)

Immigration Lawyer

Authorization to Return to Canada

If you’ve been removed from Canada, returning can be a disheartening task, largely burdened with complex legalities related to immigration processes. These uncertainties can add stress at work or in personal life. This is where our Immigration Lawyers step in who are members of the Law Society of Ontario (LSO) and the Canadian Bar Association (CBA), step in!

We are here to help you understand the eligibility requirements and guide you through the entire application process, ensuring you get a smooth path to receive an Authorization to Return to Canada (ARC).

What are the eligibility criteria to avail ARC Canada?

One must meet certain requirements to be eligible for ARC in Canada. This depends on the type of removal order you received and whether you complied with its given provisions to be eligible for an Authorization to Return to Canada (ARC). It is recommended to consult with an Immigration Lawyer, especially those recognized by the Law Society of Ontario (LSO) or certified as a Member of the College of Immigration and Citizenship Consultants (RCIC), before you move on to begin your application.

1. You have been deported from Canada.

You can re-enter Canada with an ARC if a removal order has removed you.

2. You received a removal order.

Depending on the type of removal order issued, the need for an ARC varies:

Canada Deportation Order: You must apply for an ARC.
Exclusion Order: If less than 12 months have passed, an ARC is required. You will not require an ARC after 12 months if you have a Certificate of Departure. Additionally, in the case of removal for misrepresentation one cannot return to Canada for next five years.
Departure Order: No ARC is required if you left within 30 days and confirmed your departure. Otherwise, you must apply for one. If you leave Canada and follow the proper procedures, you may be eligible to return in the future, if you meet the entry requirements.

3. You complied with the removal order.

The approval would depend on whether you followed the conditions in the removal order (for example, confirming your leaving and departure within the timeline).

What are the key factors that influence IRCC decisions for ARC approval?

An immigration officer considers a multitude of factors when assessing your application to re-enter Canada.

IRCC will review the reasons for your removal, with serious offenses like criminal activity making approval more difficult
If the reasons for your removal haven't improved, it may hinder approval
IRCC will assess the legitimacy of your reasons for wanting to return to Canada
Ensure compliance with the laws in your home country, as removal will be taken into consideration
If you were removed by CBSA (Canada Border Services Agency), you must repay the removal costs and application fees

How can our Immigration Attorneys assist you?

Our well-informed immigration lawyers and consultants will assist you in all your ARC matters. We have over 150 years of combined experience and have been serving clients successfully since 2003. If you are struggling to navigate your ARC application, then connect with us at 905-405-0199. We invite you to experience the personalized legal advice we offer each client, with prompt communication and a professional approach aimed at achieving successful outcomes for you.

Frequently Asked Questions

How to Apply for Authorization to Return to Canada?

Your application for ARC Canada will depend on whether you have applied for permanent or temporary residency and a visa to re-enter Canada. You need to gather all the required documents such as

a letter written in English or French stating all your reasons in detail about, ‘Why you should return to Canada?’,
copy of your removal order,
proof you made the payment of ARC processing fee (CAN$459.55),
your completed ARC application
other supporting documents
Please note, that if your departure order becomes deportation order because you were unable to leave Canada within 30 days, then you have to explain why you did not leave.

How to stop a removal order in Canada?

You can stop a removal order by appealing to the Immigration Appeal Division (IAD). You can also apply to hold the removal order by appealing to the Federal court in Canada. Further, a request for a ‘Deferral of removal’ can be made from the Canada Border Services Agency (CBSA) in situations of medical emergencies. In case of spousal sponsorship applications for out of status applicant is in process, CBSA may grant 60 days deferral and request IRCC to process spousal sponsorships on priority. However, this is case to case basis. Next, by applying for a Pre-Removal Risk Assessment (PRRA) this application will highlight any kind of danger that you might face if you leave Canada for your home country like torture or being prosecuted.

Can a Canadian citizen be deported?

No, a Canadian citizen cannot be deported. Even if you commit a crime or engage in immigration fraud, once you are granted Canadian citizenship, you cannot be removed from the country or deported. However, non-citizens who break Canadian immigration laws or commit specific crimes, such as foreign nationals or permanent residents, may be deported.

Can marriage stop deportation in Canada?

Marriage necessarily will not stop your deportation from Canada. Being married to a Canadian Citizen might increase your chances of stay in Canada, but still the immigration requirement needs to be met. In case of spousal sponsorship applications for out of status applicant is in process, CBSA may grant 60 days deferral and request IRCC to process spousal sponsorships on priority. However, this is case to case basis.

What crimes can get you deported from Canada?

Permanent residents, non-citizens and foreign nationals can be deported if one has committed serious criminal offence. The crimes include Drug Trafficking, Murder, Fraud, Assault and many more. If convicted of these crimes, removal orders may be issued right away, therefore it’s critical to have legal counsel if you could be deported.

We can Help

Our well-informed immigration lawyers and consultants will assist you in all your ARC matters. We have over 150 years of combined experience and have been serving clients successfully since 2003. If you are struggling to navigate your ARC application, then connect with us. We invite you to experience the personalized legal advice we offer each client, with prompt communication and a professional approach aimed at achieving successful outcomes for you.