Authorization To Return To Canada

An Authorization to Return to Canada (ARC) is a document issued by the Canadian government that permits non-Canadian citizens or permanent residents who have been outside of Canada for over a year to return to the country. It serves as permission to travel to Canada, distinct from a visa or a guarantee of entry.

Who Needs an ARC?

Canadian citizens or permanent residents do not require an ARC to re-enter Canada. However, individuals who fall outside these categories and have been absent from Canada for more than one year need to obtain an ARC.

Even if you have received an approved ARC (Authorization to Return to Canada), it does not guarantee entry into Canada. Entry can still be denied at the port of entry, and your admissibility is determined when you apply to enter Canada or at the port of entry. Therefore, thorough preparation is crucial from the outset until you successfully enter the country.

If you’ve received a removal order from Canada, such as a

• Departure Order,
• Exclusion Order, or
• Deportation Order,

you may need an ARC depending on the type of order issued.

For Departure Orders:

• If you left Canada within 30 days as required and verified your departure with a Canadian immigration officer, you typically do not need an ARC. However, entry can still be refused, so preparation, including an Entry Package, is important to explain your situation at the border.
• If you left without verification or after the 30-day period, the Departure Order becomes a Deportation Order, requiring an ARC for return.

For Exclusion Orders:

• If 12 months have elapsed since you left Canada and you have a Certificate of Departure, you usually do not need an ARC. But entry refusal is still possible, emphasizing the need for preparation.
• Returning within 12 months or without a Certificate of Departure necessitates an ARC application.

For Deportation Orders, an ARC is required.

It’s important to differentiate between a removal order and a Direction to Leave Canada, as the latter does not require an ARC.

Consider why the enforcement order was issued and your current circumstances before applying for an ARC. Even if you qualify, entry is not guaranteed if there is not a valid reason for return or if the circumstances leading to the order have not changed.

For criminal inadmissibility, Criminal Rehabilitation may be necessary before applying for an ARC, along with a Temporary Resident Permit for entry.

When applying for an ARC, submit it alongside other necessary documents for visiting, studying, working, or immigrating to Canada. If not applying for any specific reason, submit a separate ARC application.

Include required documents like a completed Temporary Resident Visa application form, photographs, passport copy, and a detailed letter explaining reasons for return. Pay the processing fee and explain any delays in leaving Canada if applicable.

Be prepared for a potential interview if more information is needed by the Immigration Officer. Preparation for this interview is crucial.

Factors Considered During ARC Application

Factors considered during an ARC application include potential security threats, violations of human or international rights, criminal convictions of at least two years, involvement in organized crime, or instances of misrepresentation, except in certain family-related cases.

Appeal Process for Removal Orders

If the Canadian Border Services Agency (CBSA) issues a removal order, individuals have the right to appeal the decision. The Immigration Appeal Division can review and possibly defer or stay removal orders. If the appeal is unsuccessful, individuals can seek a review from the Federal Court.

Reasons for Delay in Departure

Delays between the issuance of a removal order and actual departure from Canada can occur due to various reasons, such as ongoing legal proceedings, difficulties in obtaining necessary travel documents, confirmation issues regarding identity or citizenship, failure to appear for removal, or unsafe conditions in the individual’s country of origin.

Grounds for ARC Denial

The grounds for ARC denial may include being considered a security threat, violating human or international rights, having a criminal sentence of at least two years, involvement in organized crime, or making misrepresentations, except in certain family-related cases.

Complexity of Obtaining an ARC

Obtaining an ARC can be a complex process due to several factors. Approval is not guaranteed, and the decision lies with the Canadian government based on various considerations. The reason for departure from Canada, duration of absence, and provision of supporting documentation play significant roles. Additionally, the process may be time-consuming, requiring additional documents or interviews. Seeking assistance from an immigration professional is advisable in navigating this process effectively.

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