DO I NEED AN AUTHORISATION TO RETURN TO CANADA?

If you have been the subject of a removal order from Canada you will probably need an Authorisation to Return to Canada (ARC) document to travel to Canada. Whether you need one depends on the type of removal order that was issued.  You must examine the document you received from Citizenship and Immigration Canada (CIC) or the Canada Border Services Agency (CBSA) prior to your departure from Canada to assess whether you need an ARC. 

There are three types of removal orders.

 1.                  Departure Order (IMM 5238).

If you received a Departure Order, left Canada within the 30 days requirement and verified your departure with a Canadian immigration officer at the port of exit, you do not need an ARC.

 If you left the country without verifying your departure, or 30 days after the Departure Order was issued, the Departure Order automatically becomes a Deportation Order and you need to apply for an ARC (see point 3 below).

 2.                  Exclusion Order (IMM 1214B)

If you were issued with an Exclusion Order, 12 months have elapsed since you left Canada and you obtained a Certificate of Departure (IMM 0056B)indicating the date you left Canada, you do not need to apply for an ARC. You may return to Canada subject to normal examination at the port of entry. If you wish to return to Canada within the 12 month period following the issue of the Exclusion Order, or do not have a Certificate of Departure, you must obtain an ARC.

 3.                  Deportation Order (IMM 5238B)

Deportation Orders are enforced by immigration officers who issue a Certificate of Departure (IMM 0056B) at the port of exit. If you have been the subject of a Deportation Order you will need to apply for an ARC.

 If you want to apply for an ARC you must submit a formal application with the supporting documents and fee as set out on the checklist. The Application form can be found HERE in the FORMS section.

Considerations

In assessing an application for an ARC officers take into account, among other things,

•  the reasons for the deportation/ exclusion,

• the possibility that the applicant will repeat the behaviour that resulted in the Deportation or Exclusion Order,

•  the length of time since the Deportation or Exclusion Order,

•  the circumstances of the individual,

•  the purpose for which entry to Canada is being sought, and

•  the applicant’s standing in the community.

You should think carefully about why an enforcement order was made against you. For example, if you were deported because you were working illegally in Canada, are not currently employed and unable to demonstrate strong ties to your country of residence or nationality, the officer is unlikely to be satisfied that you would respect the terms and conditions of your stay in Canada, if you were allowed to return.

You should be aware that if the circumstances that led to the Deportation or Exclusion Order being issued have not changed, it is less likely that permission to return will be granted.

Please note that if you were deported as a result of criminal inadmissibility, you will need to apply for criminal rehabilitation first. More information is available on our website www.cic.gc.ca/english/visit/apply‑who.asp.

If you are making another immigration application, such as a work, student or permanent residence application, you should not submit a separate application for an ARC. If your immigration application is approved, the authorisation to return to Canada will be dealt with in the context of that application. You will simply be asked to submit the fee for the ARC.

Submitting an application for an ARC

The document checklist is designed to ensure that you attach all the required documents to your application.  Your entire application will be returned to you with a letter asking for the necessary documents if any information is missing. 

If you cannot obtain the documents listed on the checklist and the court, country, or arresting police department do not have the information you require, you must obtain a written explanation from them and include it with your application.  In the event you are not able to get a written explanation, you must provide details of your efforts to obtain the information and why it is not available. Documents in languages other than French or English must be accompanied by a certified translation.

Please note that the fee paid for this service cannot be reimbursed in the event of a negative decision.

You should be aware that if the Government of Canada incurred removal costs in removing you from the country you must reimburse the Government before an ARC will be issued. If this is the case you will be advised once your application is in process.

If you are to be issued with an ARC you will be  required to come in person to the High Commission to submit and collect your passport. 

Click here for the ARC checklist