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Authorization to Return to Canada (ARC) is a permit to re-enter Canada given to individuals by the Government of Canada who were removed from Canada. ARC is quite similar to a Temporary Resident Visa (TRV) application, but one needs to be extra vigilant with their ARC as ARC is your chance to prove why you deserve to return to Canada despite being faced with a removal order in the past.

An ARC demands more documents as compared to TRV. On top of that, when applying for an ARC you need to establish why you were removed from Canada and how those removal conditions do not apply to you anymore along with a demonstration of changed circumstances. One can also include humanitarian and compassionate grounds (if any) in their ARC application to strengthen the case.

The Need For An ARC

The need for an ARC depends on the type of removal order you have received. A removal order may be issued on grounds of inadmissibility listed under section 33 to 43 of Immigration and Refugee Protection Act, 2001. Three types of removal orders are given under section 223 of the Immigration and Refugee Protection Regulations, 2002.

  • Deportation Order

Deportation order means you are banned to come back to Canada. However, the only way to return back to Canada in case a deportation order is issued against you is an ARC. In deportation orders, an ARC is the only pathway for re-entry in Canada.

  • Departure Order

If you have received departure order, you must leave Canada within 30 days of receiving the departure order. You are also responsible to inform the Immigration department of your exit from Canada. In a departure order, it is very important for an individual to abide by the conditions of the departure order in order to reenter Canada in future.

It is pertinent to note that your departure order can automatically also be converted into a deportation order, if you do not comply with the conditions of the departure order which means that you do not leave Canada within 30 days and leave without reporting your departure. In that situation, you need to apply for ARC.

  • Exclusion Order

When you are removed from Canada and asked to stay away from Canada for a minimum of 12 months (1 year). It is 12-months ban from entering into Canada. While leaving Canada due to an exclusion order, you need to inform the immigration officer of your exit.

After the completion of 12 months, you can simply come back to Canada without the need of applying for an ARC. On the other hand, if you are eager to go back to Canada during those 12 months ban then you need to apply for an ARC.

If an exclusion order is issued on ground of misrepresentation, then an individual is banned from returning to Canada for a period of 60 months (5 years).

What To Remember While Filing An ARC?

It is of note that if your air fare was borne by Canada Border Services Agency (CBSA) at the time of your removal from Canada, then you need to reimburse them while filing for an ARC. Therefore, if applying for an ARC, you have to pay the ARC non-refundable processing application fee as well as the air fare that the government of Canada paid for you.

Remember that you need an ARC only if you have received a removal order. However, if you have been deemed inadmissible while residing outside Canada, then you do not need an ARC.

Removal orders can be technical and stressful. The very best line of defense that can justify the return to Canada after a removal order is issued is the compliance of conditions mentioned in your removal order. It is essential to understand the reasoning behind your removal before applying for an ARC as it can significantly increase the likelihood of your return to Canada.

Contact The Lawyers At Ayaz Mehdi Professional Corporation!

If you have any questions regarding Authorization to Return to Canada (ARC), reach out to the immigration lawyers at Ayaz Mehdi Professional Corporation. For assistance with filing an ARC, get in touch with us clicking here:  Let’s meet!

Disclaimer: Kindly note that sending or receiving information through this site does not establish a solicitor-client relationship. Legal matters are fact-specific, and the law is variably changing. The views expressed and the content provided on this blog are general guidelines and cannot substitute for proper legal advice. Schedule your legal consultation by clicking here: Let’s meet!

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