Everything You Need to Know About Authorization to Return to Canada

Going back to Canada to reunite with your family or for your jobs can be smooth if you're well-informed and prepared when applying for the authorization to return to Canada. Understanding the authorization requirements is crucial if you're a former Canadian permanent resident returning after an extended stay abroad or someone facing specific entry challenges. By following our expert advice, you'll be better equipped to confidently go through the complexities of re-entering Canada. You'll also become familiar with how to streamline the process and what steps to take if your application is denied.

Ready to plan your return to Canada? Then, check out our guide, which covers everything you need about the authorization process to go back to Canada.

What is an Authorization to Return to Canada?

What is an Authorization to Return to Canada?

An Authorization to Return to Canada (ARC) is required for certain individuals seeking re-entry into Canada who have previously been denied entry or have overstayed their permitted stay. This authorization is often necessary for individuals with previous immigration violations, criminal records, or those who have been out of the country for an extended period. This ensures that they meet all legal requirements before returning.

The ARC process involves submitting a detailed application to Canadian immigration authorities, who evaluate the applicant's background and reasons for return. Approval of an ARC is crucial for re-entering Canada legally and avoiding future immigration issues.

Who Needs an Authorization to Return to Canada?

Who Needs an Authorization to Return to Canada?

You will need an ARC based on the type of removal order issued and whether you've met the conditions or requirements of the order. If you were removed from Canada or have an immigration issue, securing an ARC is essential to ensure you can return smoothly and comply with Canadian immigration rules. Let's take a closer look at the types of removal orders and their conditions.

Types of Removal Orders

When dealing with Canadian immigration, it's crucial to understand the three types of removal orders you might encounter. These include the Departure Order (IMM 5238), which allows you to leave voluntarily within a specified time frame; the Exclusion Order (IMM 1214B), which prohibits re-entry for a set period; and the Deportation Order (IMM 5238B), which bans re-entry until a special authorization is granted.

Each order comes with specific conditions and forms you would have received before leaving Canada. Check the details of your removal order carefully to determine if you need an ARC for re-entry.

Departure Order

A Departure Order requires you to leave Canada within 30 days once it becomes enforceable, meaning it's not suspended. If you complied by leaving within 30 days and have a Certificate of Departure to prove it, you don't need an ARC. You can return as usual, subject to standard entry procedures.

However, if you left Canada after 30 days or didn't inform a Canadian border services officer of your departure, you must apply for an ARC. Note that if a Departure Order isn't enforced within 30 days, it automatically becomes a Deportation Order, complicating your return.

Exclusion Order

An Exclusion Order prevents you from re-entering Canada for one year after it's enforced. The ban extends to five years if the order was issued due to misrepresentation. If you have a Certificate of Departure showing you left Canada as required and the appropriate time has passed, one year for a standard exclusion or five years for misrepresentation, you don't need an ARC.

You can return subject to standard entry checks. However, if you lack a Certificate of Departure or wish to return before the ban period ends, you'll need to apply for an ARC to facilitate your re-entry.

Deportation Order

A Deportation Order is the most severe removal order, barring you from returning to Canada until you obtain special permission. This order is issued for serious immigration violations or criminal activities. Unlike other orders, there's no automatic right to return after a set period.

If you've received a Deportation Order, you must apply for an ARC to re-enter. This process requires demonstrating that your situation has changed or that you meet specific conditions for re-entry. Understanding the implications of a Deportation Order is crucial for navigating the path back to Canada smoothly.

Please note that if you received a direction to leave Canada from Immigration, Refugees, and Citizenship Canada (IRCC), it is not a deportation order. It just means the border officer couldn't check you in—no need for special paperwork. You can return to Canada anytime, but be ready for a regular border check.

Also, if you received a removal order for criminal inadmissibility, your ARC application won't be processed until cleared. If you need to travel to Canada temporarily and can't fix your record, you must apply for an ARC and a temporary resident permit. If approved, you can visit Canada, but remember, this doesn't fix your immigration status.

What Should I Do Before Applying For Authorization to Return to Canada?

Before applying for an ARC, consider whether your situation has changed since your removal. Ensure that the reasons for your departure are addressed. You must also Determine the total cost of the ARC application. If the Canada Border Services Agency (CBSA) covered your removal expenses, factor this into your calculations.

If Your Removal Order Circumstances Have Not Changed

If your circumstances have stayed the same since you were issued a removal order, it's unlikely that you'll be granted permission to return to Canada. When immigration officers assess your application, they'll carefully consider several factors. These include:

  • The reasons for your original removal: Understanding why you were removed is crucial.
  • The risk of recurrence: Officers will assess whether there's a chance you might repeat the behavior that led to your removal.
  • Time elapsed: The length of time since the order was issued can play a role.
  • Your current situation: Your circumstances today will be taken into account.
  • Your reason for wanting to return: A clear explanation of why you wish to re-enter Canada is essential.

IF Your Removal Order Was Paid For By the CBSA

If the CBSA covers the costs of your removal from Canada, you'll need to settle a few things before we issue an ARC. First, pay the application processing fee of 459.55 CAD. This fee is non-refundable, no matter the outcome of your ARC application. Second, cover the removal costs, which are 1,017.34 CAD if you were deported to the United States (US) or Saint-Pierre-et-Miquelon, and 2,034.68 CAD for any other location.

We'll notify you of the amount owed once we review your application. You'll only need to repay these costs if your application is approved. If it's refused and you wish to apply again, a new processing fee will apply.

How to Apply For Authorization to Return to Canada?

How to Apply For Authorization to Return to Canada?

Applying for an ARC varies based on your situation. The process differs if you seek temporary or permanent residence and need a visa. You must follow the specific requirements of your visa type to avoid any possible complications.

Step 1: Get Your Documents Ready

To apply for Authorization to Return to Canada (ARC), including the following:

  • Detailed Letter: Write a detailed letter (in English or French) explaining why you should be allowed to return to Canada. Ensure the letter is typed or written in black ink.
  • Explanation for Non-Departure: If your departure order was converted to a deportation order due to failure to leave Canada within 30 days, explain the reasons for not leaving.
  • Certified Translation: Any documents not in English or French must be accompanied by a certified translation.
  • Proof of Payment: Provide proof of payment for the ARC processing fee of 459.55 CAD. You can pay this fee online.

Step 2: Applying For an Authorization to Return to Canada

If you're in one of the following situations, then you qualify to apply for an ARC.

If You're Applying For Temporary Residence in Canada

To apply for an ARC, you can submit your application simultaneously with your temporary residence in Canada application.

Steps for Applying

  • Submit Your Temporary Residence in Canada Application: Include a completed and validated application form along with all required supporting documents for your visitor visa, study permit, or work permit.
  • Provide a Letter of Explanation: Write a letter in English or French detailing why you should be permitted to return to Canada.
  • Pay the Required Fees: Ensure you cover all necessary fees associated with your application.

You can apply online or by mailing your application to your local visa application center (VAC).

Electronic Travel Authorization

If you need an Electronic Travel Authorization (eTA) to travel to Canada, apply for temporary Residence online for an eTA, Canada study permit, or work permit. Once your temporary residence is confirmed, mail the required ARC documents to the nearest visa office.

If Exempt from Visa and eTA

If you believe you are exempt from visa or eTA requirements, verifying this information with the nearest Canadian visa office is crucial before planning your trip to Canada. This will ensure you have all the necessary documentation and avoid potential delays or complications upon arrival.

If You're Applying For Permanent Residence in Canada

If you're seeking permanent residence in Canada, you can conveniently apply for an ARC simultaneously. Simply include the necessary documents for your ARC application within your permanent residence in Canada application. This process saves you time and effort.

Step 3: After Applying for an Authorization to Return to Canada

After submitting your ARC application, you'll likely be required to attend an interview. We may also need additional documents to assess your case. Please ensure your application is complete and legible to avoid delays. Remember, there's no guarantee that an ARC will be issued.

Now that you have a clear understanding of everything you need to know about the authorization to return to Canada, you begin your return journey to Canada with the assistance of a Regulated Canadian Immigration Consultant (RCIC).

FAQs

Can I Travel to Canada While My Authorization Application is Being Processed?

No, you cannot travel to Canada while your authorization application is pending. Attempting to do so could result in further complications and delays.

What Should I Do if My Authorization Application is Denied?

If your authorization application is denied, you can explore potential appeal options or consider alternative paths to re-entry, such as applying for a temporary resident visa or permanent residence.

Can I Expedite the Authorization to Return to Canada Process?

You can expedite the authorization process in limited circumstances, such as urgent medical reasons or humanitarian grounds. However, it's important to consult with immigration authorities, lawyers, or RCIC to determine if your situation qualifies for expedited processing.