If you’ve been issued a removal order from Canada, you may need an Authorization to Return to Canada (ARC) to re-enter the country. Whether you require an ARC depends on the type of removal order and if you complied with the terms of the order. It is crucial to understand the legal aspects involved, as some cases might involve legal issues that can affect your application. 

A Canadian immigration officer will determine if you can enter when you apply for a visa or electronic travel authorization (eTA). Additionally, a border services officer will decide at the port of entry whether to allow your entry or transit.

To support your application, you might need to refer to documents like GCMS Notes, which provide detailed records of your immigration history.

There are three types of removal orders: Departure Order, Exclusion Order, and Deportation Order. The need for an ARC varies for each.

Departure Order: You don’t need an ARC if you left within 30 days and obtained a Certificate of Departure. If you fail to do so, you’ll need an ARC.

Exclusion Order: You don’t need an ARC if one year (or five years for misrepresentation) has passed since the exclusion order was enforced and you have a Certificate of Departure. Otherwise, an ARC is required. In some cases, the immigration authorities might issue a Procedural Fairness Letter if there are concerns about the reasons for exclusion.

Deportation Order: This is permanent, and you’ll always need an ARC to return.

How to Apply for an ARC

The ARC application process depends on whether you are applying for temporary or permanent residence. You’ll need to include a detailed letter explaining why you should be allowed back into Canada. Additionally, provide proof of fee payment for the ARC, which costs CAN$400. Sometimes, a Pre-Removal Risk Assessment (PRRA) might be necessary if there are concerns about the risks you may face if removed from Canada.

If you’re applying for temporary residence, check whether you need a visa or eTA. If you’re applying for permanent residence, you can submit your ARC application alongside it.

After applying, you may be called for an interview or asked to provide additional documents. There’s no guarantee that your ARC will be approved.

What Happens When Filing for an Authorization to Return to Canada?

Once you file for an ARC, immigration officials will assess your compliance with the removal order. They’ll also consider any criminal inadmissibility issues. If you were deported due to criminal reasons, you must resolve this before your ARC application can proceed.

If all requirements are met, the visa officer will review the application and make a final decision. You’ll be notified in writing, and incomplete applications are returned without processing.

How Much Is Authorization to Return to Canada?

The current fee for an ARC application is CAN$400. However, this amount does not cover any additional costs that may arise from other visa or travel-related applications, such as temporary resident permits.

What Circumstances Do Not Require an Authorization to Return to Canada?

You don’t need an ARC if:

• You were issued a Departure Order and left Canada within 30 days with a Certificate of Departure.
• You were issued an Exclusion Order, but more than one year (or five years for misrepresentation) has passed since the order was enforced.
• You were removed from Canada while accompanying a family member who was removed.

If you need assistance with applying for an Authorization to Return to Canada or understanding your removal order, SEP Immigration can help. Contact us for guidance on your next steps and ensure your return process goes smoothly.