Some individuals who were previously removed from Canada may require an Authorization to Return to Canada (“ARC”) before they can legally re-enter Canada.

An ARC is not automatically granted. Immigration authorities assess whether the individual should be allowed to return to Canada after a prior removal order and whether there are sufficient reasons to authorize their re-entry.

Gerami Law PC assists clients with ARC applications, assessment of prior removal orders, Temporary Resident Permit (“TRP”) applications involving prior removals, and strategic advice regarding re-entry to Canada after immigration enforcement proceedings.

What Is an Authorization to Return to Canada?

An Authorization to Return to Canada is written permission allowing certain individuals who were previously removed from Canada to return legally.

Whether an ARC is required depends on:

  • the type of removal order issued;
  • whether the terms of the removal order were complied with;
  • the person’s immigration history; and
  • whether any additional inadmissibility issues exist.

The Government of Canada explains that some individuals who were removed from Canada must obtain authorization before returning.

Types of Removal Orders

Departure Orders

A departure order generally requires the individual to leave Canada within a specified period and confirm their departure with the Canada Border Services Agency (“CBSA”).

If the departure order was properly complied with, an ARC may not be required. However, if the person failed to comply with the terms of the departure order, it may automatically become a deportation order.

Exclusion Orders

An exclusion order generally bars a person from returning to Canada for a period of time, often one year or longer depending on the circumstances.

In some situations, an ARC may still be required even after the exclusion period has expired, particularly where there are unresolved immigration issues or unpaid removal costs.

Deportation Orders

A deportation order permanently bars a person from returning to Canada unless they first obtain an Authorization to Return to Canada.

Factors Considered in ARC Applications

Immigration authorities may consider several factors when assessing an ARC request, including:

  • the reasons for the original removal order;
  • the person’s overall immigration history;
  • compliance with prior immigration conditions;
  • the length of time since removal;
  • the purpose for returning to Canada;
  • family ties and establishment in Canada;
  • evidence of rehabilitation or changed circumstances; and
  • whether there are ongoing inadmissibility concerns.

Each ARC application is assessed individually based on the specific facts and supporting evidence.

ARC Applications and Other Immigration Processes

ARC requests are frequently connected to other immigration applications, including:

  • visitor visas;
  • work permits;
  • study permits;
  • permanent residence applications;
  • family sponsorship applications; and
  • Temporary Resident Permit applications.

In many cases, the ARC request is submitted together with the underlying immigration application.

Careful legal assessment is important because prior removals may also involve related issues such as:

  • misrepresentation allegations;
  • criminal inadmissibility;
  • periods without status;
  • refugee proceedings; or
  • previous enforcement action by CBSA.

Evidence in ARC Applications

Strong supporting documentation is important in ARC applications. Depending on the case, evidence may include:

  • immigration records and removal documents;
  • evidence explaining the circumstances leading to removal;
  • proof of compliance with prior immigration requirements;
  • evidence of family relationships in Canada;
  • employment or educational documentation;
  • rehabilitation evidence;
  • community support letters; and
  • detailed personal statements explaining the reasons for seeking re-entry to Canada.

Where the prior removal involved complex immigration history, criminality, or misrepresentation allegations, strategic legal submissions may be particularly important.

Humanitarian and Compassionate Considerations

Some ARC applications involve significant humanitarian and compassionate factors, including:

  • family reunification;
  • the best interests of children;
  • medical or caregiving concerns;
  • long-term relationships in Canada; or
  • hardship caused by prolonged separation from family members in Canada.

These factors may form an important part of the overall application.

How We Can Help

Gerami Law PC assists clients with:

  • Authorization to Return to Canada applications;
  • assessment of prior removal orders and immigration history;
  • ARC requests connected to temporary or permanent residence applications;
  • Temporary Resident Permit applications involving prior removals;
  • preparation of legal submissions and supporting evidence;
  • strategic advice regarding inadmissibility and re-entry issues; and
  • complex immigration matters involving previous enforcement proceedings or removal from Canada.

Prior removal orders can create significant legal and procedural issues for individuals seeking to return to Canada. Early legal advice is important to determine whether an ARC is required and to prepare the strongest possible application.

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