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Comprehensive Guide to Authorization to Return to Canada

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Comprehensive Guide to Authorization to Return to Canada

Comprehensive Guide to Authorization to Return to Canada

Authorization to return to Canada : How to apply

Returning to Canada, whether for work, family, or other reasons, can be a smooth experience when you’re well-prepared and understand the process. If you’re a former permanent resident or someone with specific challenges re-entering the country, you must be fully informed about the requirements for obtaining authorization to return. With the right guidance, you’ll be better equipped to navigate the complexities and feel more confident about the steps involved. Additionally, you’ll learn how to expedite the process and what to do if your initial application is not approved.

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Are you preparing for your return to Canada?

Our comprehensive guide provides everything you need to know about securing the necessary authorization.

What is an Authorization to Return to Canada (ARC)? An Authorization to Return to Canada (ARC) is a mandatory document for individuals who have been denied entry or have overstayed their allowed period in the country. Those with past immigration violations, criminal records, or extended absences often require an ARC to meet legal requirements before returning to Canada.

The ARC application involves submitting detailed information about your circumstances to Canadian immigration authorities, who assess whether you qualify for re-entry. Obtaining an ARC is critical for ensuring a legal return to Canada and avoiding future complications.

Who is required to obtain an Authorization to Return to Canada?

You may need an ARC depending on the type of removal order issued and whether you’ve complied with its conditions. If you were removed from Canada or encountered an immigration issue, obtaining an ARC is critical to ensuring a smooth return while adhering to Canadian immigration regulations. Let’s explore the different types of removal orders and their requirements.

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Types of Removal Orders

Understanding the types of removal orders is key when dealing with Canadian immigration. There are three primary types: the Departure Order (IMM 5238), which allows voluntary exit within a specified time; the Exclusion Order (IMM 1214B), which prohibits re-entry for a certain period; and the Deportation Order (IMM 5238B), which bans re-entry until special authorization is granted.

Each removal order comes with specific terms and forms you would have received before leaving Canada. It’s essential to review the details of your removal order to determine whether an ARC is required for your return.

Departure Order

A Departure Order requires that you leave Canada within 30 days of the order becoming enforceable, as long as it hasn’t been suspended. If you departed within the 30-day window and have a Certificate of Departure as proof, you won’t need an ARC to return, although standard entry procedures will still apply.

However, if you failed to leave within 30 days or neglected to inform a Canadian border officer of your departure, you must apply for an ARC. Be aware that a Departure Order automatically escalates to a Deportation Order if not enforced within 30 days, complicating the re-entry process.

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Exclusion Order

An Exclusion Order prohibits re-entry to Canada for one year after enforcement. If the order was issued due to misrepresentation, the ban extends to five years. If you have a Certificate of Departure proving you left as required and the applicable time has passed—one year for standard exclusions or five years for misrepresentation—an ARC is not necessary.

You can return through regular entry procedures. However, if you lack a Certificate of Departure or wish to return before the exclusion period ends, applying for an ARC will be necessary to gain re-entry.

Deportation Order

A Deportation Order is the most severe removal order, preventing your return to Canada until you obtain special authorization. It is usually issued for serious immigration violations or criminal offenses. Unlike the other orders, a Deportation Order does not offer automatic re-entry after a set time.

If you have been issued a Deportation Order, you must apply for an ARC to return to Canada. The application process involves proving that circumstances have changed or that you meet the conditions for re-entry.

Understanding the gravity of a Deportation Order is essential to successfully navigating the process of returning to Canada.

Please note that a direction to leave Canada from Immigration, Refugees, and Citizenship Canada (IRCC) is not equivalent to a deportation order. It typically means that a border officer was unable to check you in, and no special paperwork is needed for re-entry. You can return anytime, subject to standard border checks.

For those removed due to criminal inadmissibility, your ARC application will not be processed until your record is cleared. If you need to visit Canada temporarily before resolving these issues, you must apply for both an ARC and a temporary resident permit. If approved, you can visit Canada, though this doesn’t resolve your overall immigration status.

Steps to Take Before Applying for Authorization to Return to Canada

Before submitting your ARC application, it’s essential to assess whether your circumstances have changed since your removal. Ensure that any issues leading to your removal have been resolved. You should also calculate the full cost of the ARC application, especially if the Canada Border Services Agency (CBSA) covered the expenses of your removal.

If Your Removal Order Circumstances Remain Unchanged

If there have been no significant changes in your situation since the removal order was issued, your chances of receiving permission to return to Canada may be low. Immigration officers will evaluate several factors when reviewing your ARC application, including:

  • Reason for removal: It’s important to clearly understand why you were removed from Canada.
  • Risk of recurrence: Officers will assess whether you are likely to repeat the behavior that led to your removal.
  • Time elapsed: The length of time since your removal order was issued may impact the decision.
  • Current circumstances: Your present situation will be considered during the assessment.
  • Reason for return: A well-documented and valid reason for returning to Canada will strengthen your application.
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If the CBSA Covered Your Removal Costs

If the CBSA funded your removal, you will need to settle outstanding fees before an ARC can be granted. First, pay the non-refundable application processing fee of CAD 459.55. Then, reimburse the removal costs, which are CAD 1,017.34 if you were deported to the United States or Saint-Pierre-et-Miquelon, and CAD 2,034.68 for other locations.

You will be informed of the exact amount you owe once your application has been reviewed. Note that you are only required to pay these costs if your ARC application is approved. If your application is denied and you decide to reapply, a new processing fee will be required.

How to Apply for Authorization to Return to Canada

Step 1: Prepare Your Documents
Before applying for an Authorization to Return to Canada (ARC), gather the following documents:

• Detailed Letter: Write a comprehensive letter (in English or French) explaining why you should be permitted to re-enter Canada. Ensure the letter is either typed or written in black ink.

• Explanation for Non-Departure: If your departure order was changed to a deportation order due to not leaving Canada within 30 days, include a clear explanation of the reasons for your delayed departure.

• Certified Translation: Provide a certified translation for any documents that are not in English or French.

• Proof of Payment: Attach proof of payment for the ARC processing fee of CAD 459.55, which can be paid online.

Step 2: Submitting Your Application for Authorization to Return to Canada

You may be eligible to apply for an ARC if you meet the following criteria:
If You’re Applying for Temporary Residence in Canada

You can submit your ARC application at the same time as your temporary residence application.

Steps for Applying:

• Submit Temporary Residence Application: Include a completed application form along with the required supporting documents for a visitor visa, study permit, or work permit.

• Provide a Letter of Explanation: Include a letter in English or French that explains why you should be allowed to return to Canada.

• Pay Required Fees: Ensure that all applicable fees for both applications are paid in full.

You can apply for temporary residence and the ARC online or by mailing your documents to your local visa application center (VAC).

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Electronic Travel Authorization (eTA)

If you need an eTA to enter Canada, apply for an eTA or a study or work permit online. Once your temporary residence is approved, submit the necessary ARC documents by mail to the nearest visa office.

If Exempt from Visa and eTA Requirements

If you believe you’re exempt from visa or eTA requirements, confirm this with the nearest Canadian visa office before planning your travel. Ensuring that you have the correct documentation will help prevent delays or issues upon your arrival in Canada.

If You’re Applying for Permanent Residence in Canada

You can also apply for an ARC alongside your permanent residence application. Simply include the ARC documentation with your permanent residence application, streamlining the process and saving time.

Step 3: After Submitting Your Application for Authorization to Return to Canada

Once your ARC application has been submitted, you may be asked to attend an interview or provide additional documents to support your case. Ensure that your application is fully completed and legible to avoid delays in processing. Keep in mind that receiving an ARC is not guaranteed.

Now that you understand the process for applying for authorization to return to Canada, you can confidently begin your journey back with the guidance of a Regulated Canadian Immigration Consultant (RCIC).

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