Barred from Canada? How Authorization Can Bring You Back
If an applicant has been removed from Canada and wishes to return, they must get an Authorization to Return to Canada (ARC). If you are permitted to withdraw “your application to enter,” you won’t need an ARC to return to Canada.
In contrast to a TRP, an ARC cannot be filed from within Canada, and CBSA officers are not authorized to issue ARCs at the border or point of entry. The consulate or embassy that serves the foreign national must receive an ARC. US citizens are required to submit an ARC at the New York Consulate General of Canada. UK, French, or German nationals at their respective Canadian embassies.
Fortunately, not all removals necessitate an ARC. To understand how an ARC works, one must appreciate the 3 types of removal orders:
· Departure Order
· Exclusion Order
· Deportation Order
Departure Order: A departure order is an order that, when issued, requires that individual to leave Barred from Canada within thirty days after the date stated. An individual will not need authorization to return to Canada or ARC if they received a departure order and left the country within 30 days after notifying a Canadian Immigration Officer. Even though entry into Canada without an ARC is possible, it is not guaranteed, and entry may be refused at any port of entry.
If the person did not depart within the allotted 30 days or did not notify a Canadian immigration officer, their departure order was converted to a deportation order, and they would no longer need an ARC. The person’s inability to depart Barred from Canada within the allotted time frame must be explained.
Exclusion Order: For a specific cause, an individual may be prohibited from entering Canada’s territory for a minimum of one year by an exclusion order. An ARC will not be necessary for re-entry into Canada if the person had an exclusion order and had left the nation at least 12 months before with a Certificate of Departure indicating the departure date.
However, a person must apply for an ARC if they want to return to Barred from Canada before 12 months have passed since their last departure. Furthermore, regardless of the amount of time that has passed since the last trip, the person will need to file for an ARC if they do not have a Certificate of trip.
Deportation Order: A deportation order is a court order that directs the lawful, permanent removal of a person Barred from Canada . An individual must apply for an ARC if they were deported Barred from Canada after receiving a deportation order. If criminal inadmissibility was the reason for the deportation, criminal rehabilitation will also be required. A Temporary Resident Permit, or TRP, may also be necessary in certain circumstances.
Events that may cause a removal order to be delayed.
If the removal order is not followed, there could be one of the following reasons why departure Barred from Canada is delayed:
- Inability to Verify Identity
- The person has filed an appeal and is currently undergoing legal proceedings.
- Getting the travel documents needed for the individual to enter another nation has proven to be problematic for the CBSA.
- An immigration arrest warrant was obtained because the subject failed to show up at the designated location or time for removal.
- Unsafe conditions impede the individual’s safe return to their nation of origin.
How to Request Permission to Enter Canada Again
If any of the situations describe you, an ARC must be submitted each time you request permission to travel to Canada. You must carefully consider your circumstances before applying, though, as the immigration officer will need to be persuaded to allow you to reenter. You must complete the Authorization to Return to Barred from Canada ARC application and submit it with the necessary supporting documentation to apply. The following factors will be considered by the officer examining your petition:
- The reasoning behind your order to remove.
- How long ago was the order for removal issued?
- Your existing circumstances
- Potential for recurrent behavior and the reasons behind your original removal order.
- The rationale behind your desire to re-enter.
Appeal a Removal Order
If a person is a protected person who was given a removal order by the Canadian Border Service Agency, or if they are a permanent resident with a valid permanent resident visa, they may file an appeal. However, if the individual is inadmissible due to criminal activity, abuses of human rights, or security risks, they are not permitted to seek an appeal.
