Section 52(1) of Immigration and Refugee Protection Act (IRPA) states that if a removal order has been enforced, the foreign national shall not return to Canada, unless authorized by an officer in other prescribed circumstances. In other words, if an applicant has been the subject of a removal order from Canada and wants to return to Canada, he or she will probably need an Authorization to Return to Canada (ARC). Whether he or she needs Authorization to Return to Canada (ARC), depends on the type of removal order that was issued to him or her. The types of removal orders are as follows:
Departure Order (IMM 5238)
- If he or she received a Departure Order and left Canada within the required 30 days and verified his or her departure with a Canadian immigration officer at the port of exit, he or she does not need an Authorization to Return to Canada (ARC). He or she may return to Canada subject to normal examination at the port of entry.
- If he or she left the country without verifying his or her departure, or more than 30 days after the Departure Order was issued, the Departure Order automatically becomes a Deportation Order and he or she needs to apply for an Authorization to Return to Canada (ARC).
Exclusion Order (IMM 1214b)
- If he or she was issued an Exclusion Order and 12 months have passed since he or she left Canada and he or she has a Certificate of Departure (IMM 0056B) showing the date he or she left Canada, he or she does not need an Authorization to Return to Canada (ARC). He or she may return to Canada subject to normal examination at the port of entry.
- If he or she wishes to return to Canada less than 12 months after the Exclusion Order was issued, or does not have a Certificate of Departure, he or she needs to apply for an Authorization to Return to Canada (ARC).
Deportation Order (IMM 5238b)
If he or she has been the subject of a Deportation Order he or she will need to apply for an Authorization to Return to Canada (ARC). When an officer assesses his or her application, will consider, among other things:
- The reasons for the removal order;
- The possibility that he or she will repeat the behaviour that caused the order to be issued;
- The length of time since the order was issued;
- The reason why he or she wants to enter Canada.
An incomplete or illegible application will be returned without being processed. There is no guarantee that an applicant will be issued an Authorization to Return to Canada (ARC) by Immigration, Refugees and Citizenship Canada (IRCC).
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