ARC, DEPORTATION OR REMOVAL ORDER
Deportation or return to the country of residence is an option for anyone not legally entitled to remain in Canada. As soon as they receive an order of deportation from the Minister of Immigration, Refugees and Citizenship Canada, they must depart. The Ministry of Justice must approve your request for re-entry into Canada.
Process for Deportation
An individual may also be deported from Canada for a variety of reasons. To deport an individual, the Canadian immigration authorities require travel documents and proof of residence. You are advised to show full cooperation to the immigration authorities in order to comply with the law. Legal compliance will allow you to lawfully return to Canada in the future.
Removal Orders
An order for removal is a government issued directive that requires a person to leave Canada for specific reasons. Removal orders may be issued for many reasons, such as:
- Removing persons from the country may be ordered by the Immigration Appeals Division or the Immigration Division after a hearing;
- A removal order may be issued by an official of Canada Border Services Agency (CBSA) following an examination;
- If a refugee claim is denied, a removal order may be issued for that individual,
It is crucial for you to be aware of the type of Removal Orders you have received as well as their legal ramifications should you receive one. In light of the fact that removal orders are time-sensitive, you should consider your options for challenging the decision and remaining in Canada.
Removal Order Types
There are three types of Removal Orders
Your departure from Canada must be reported to a Border Services Officer (or similar official) within 30 days. You are deported automatically if you fail to leave Canada in the specified time or if you fail to report your departure.
Upon leaving Canada, you should not return within the next 12 months. If you are subjected to an exclusion order due to misrepresentation, you may not return to Canada within the next five years.
You must leave Canada within the specified period of time if you have received a deportation order and inform the CBSA when you depart the country. Should the person fail to notify CBSA while exiting Canada, CBSA will make arrangements to deport the individual.
Authorization to Return To Canada (ARC)
When you receive a removal order you will usually be required to submit an Authorization to Return to Canada (ARC) before you can return to Canada. ARCs are required depending on the type of removal order you obtained.
ARC and Departure Order
- The ARC is not a requirement if you have exited Canada within 30 days after receiving a Departure Order. At the point of exit, you must also have validated your departure with a Canadian immigration official. You would only need a normal examination to re-enter Canada and would not require an ARC.
- When departing Canada upon receiving the Departure Order, you will need to apply for ARC if you have not verified your departure. The Departure Order must also have automatically become a Deportation Order if the individual took more than 30 days to depart after it was issued.
ARC and Exclusion Order
- In the event that you were issued an Exclusion Order after you had previously exited Canada with a Certificate of Departure more than 12 months ago, ARC will not be required. When re-entering Canada, a normal examination will be required at the port of entry.
- There will be a need for ARC if the misrepresentation led to the Exclusion Order issuance and the Exclusion Order enforcement occurred less than two years ago.
- When you wish to re-enter Canada within 12 months of the date the Exclusion Order was enforced, you will be required to apply for an ARC. If you do not possess the Certificate of Departure, you will also need an ARC.
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