Authorization to Return to Canada (ARC) After Removal

The basic rule

Section 52(1) of the Act says that if a removal order has been enforced, the foreign national shall not return to Canada unless authorized by an officer or in other prescribed circumstances. The Regulations then say when an authorization is required and when it is not.

The three kinds of removal order

• <strong>Departure order.</strong> Under section 224(1) of the Regulations, an enforced departure order is a circumstance in which the person does not need an authorization to return. But the order must be complied with: under section 224(2), a person who is issued a departure order must meet the requirements for leaving within 30 days after the order becomes enforceable, or the departure order becomes a deportation order.
• <strong>Exclusion order.</strong> Under section 225(1), an exclusion order obliges the person to obtain written authorization to return during the one-year period after the order was enforced. Under section 225(3), a person issued an exclusion order because of misrepresentation under section 40(2)(a) of the Act must obtain written authorization during the five-year period after enforcement. After the one-year or five-year period, the person is exempt from the authorization requirement (section 225(2)).
• <strong>Deportation order.</strong> Under section 226(1), a deportation order obliges the person to obtain written authorization to return at any time after the order was enforced. There is no expiry of the requirement.

The type of order is stated in the order itself, usually in the removal documents. If you are not sure, ask for a copy of the order and have it reviewed before you apply to come back.

Who often needs an ARC

• A person deported after criminal convictions, who needs authorization at any time after removal.
• A person removed for misrepresentation, during the five-year period.
• A person who was subject to an exclusion order for a reason such as unauthorized work or study, during the one-year period.
• A person whose departure order became a deportation order because they did not leave within 30 days or did not meet the departure requirements.

ARC versus other solutions

An ARC solves the removal order problem. It does not by itself solve other kinds of inadmissibility. Someone who was removed and also has a criminal conviction, for example, may also need rehabilitation or a temporary resident permit. See criminal inadmissibility and temporary resident permits. Someone found inadmissible for misrepresentation should also review misrepresentation.

What an application should show

• A copy of the removal order and proof that it was enforced, such as departure verification.
• The reasons you want to return and why an officer should authorize it.
• Evidence of changed circumstances, such as compliance since removal, stable life abroad, family ties in Canada or a job offer.
• Any court documents, police certificates and proof of rehabilitation where the removal followed criminal convictions.
• Information about how you will comply with Canadian immigration rules this time.

Mistakes to avoid

• Applying for a visa or eTA without checking whether you need an ARC. An application can be refused because the earlier order was not addressed.
• Trying to enter the border without the required authorization.
• Not mentioning the earlier removal in new applications. That can be misrepresentation.
• Assuming a departure order means no consequences. Check how and when you left.

How we can help

We review the removal order and your history, explain whether you need an ARC and for how long, prepare the application and supporting evidence, and advise on related issues such as rehabilitation or misrepresentation. We meet clients in English, Urdu, Hindi and Punjabi. We cannot promise that an officer will grant the authorization.