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Removal Orders & ARC

DEPORTATION, REMOVAL ORDERS OR ARC

Any person not lawfully allowed to remain in Canada may be deported or sent back to their country of residence. They have to depart once they receive a deportation order from the Minister of Immigration, Refugees and Citizenship Canada. Re-entry to Canada is possible only with written approval from the Ministry.

Deportation Procedure

A person could also be deported from Canada because of various reasons. Canadian immigration authorities need relevant travel documents and confirmation of the country of residence to deport an individual. It is recommended to show full-cooperation to the immigration authorities to make sure you are on the right side of the law. Legal compliance will allow you to return to Canada in the future lawfully.

Removal Orders

Removal Order is a government originated order which requires a person to exit Canada due to specific reasons. There may be many reasons why a Removal Order is issued against a person such as:

  • The Removal Orders may be issued by the Immigration Appeals Division or the Immigration Division after a hearing takes place;
  • A Removal Order may be issued by an official of Canada Border Services Agency (CBSA) post an examination;
  • A Removal Order may be issued for a person who has submitted a refugee claim which may come into effect after the claim is refused

If you happen to receive a Removal Orders, it is essential to understand the type of Removal Orders you have received and its legal implications. Since removal orders are time-sensitive, you will need to consider your options for challenging the decision and staying in Canada.

Types of Removal Orders

There are three types of Removal Orders such as:

Departure Order

You need to leave Canada within the next 30 days and report your departure to a Border Services Officer (or similar officials). If you do not leave Canada in the specified time or if you do not report your departure, the departure order turns into a deportation order automatically.

Exclusion Order

You need to leave Canada within the specified time and do not get back to Canada within the next 12 months. In case of exclusion orders due to misrepresentation, you may not return to Canada within the next five years.

Deportation Order

If a deportation order has been received, You need to leave Canada within the specified time and confirm the CBSA when you exit the country. In case, the person does not update CBSA while exiting, CBSA will make arrangements for your deportation from Canada.

Authorization To Return To Canada (ARC)

When you receive a removal order you usually need to receive an Authorization to Return to Canada (ARC) before having the ability to return to Canada. The need for the ARC depends upon the type of removal order you received.

ARC And Departure Order

  1. ARC is not required in those cases where you exited Canada within 30 days of receiving a Departure Order. You must also have validated your departure at the port of exit with a Canadian immigration officer. Only a normal examination would be needed, and you will be able to re-enter Canada without the ARC.
  2. ARC will need to be applied for if you failed to verify your departure at the time of leaving Canada on receiving the Departure Order. Also, if you took more than 30 days to leave after the Departure Order was issued, the Order must have become a Deportation Order automatically.

ARC And Exclusion Order

  1. ARC will not be needed if an Exclusion Order was issued to you post which you exited Canada with a Certificate of Departure more than 12 months back. A normal examination will be required at the port of entry at the time of re-entering Canada.
  2. ARC will be needed if the misrepresentation was the basis for issuance of the Exclusion Order and the Exclusion Order enforcement took place less than two years ago.
  3. ARC will be applied for if you wish to re-enter Canada within 12 months from the date of enforcement of the Exclusion Order. If you do not possess the Certificate of Departure, ARC will be needed as well.

Factors Affecting ARC Application

When you submit an ARC application you need to address the following issues:

  • Explain why you received the removal order;
  • Your reason for wanting to re-enter Canada;
  • Time period since the order enforcement has taken place;
  • Kind of removal order and the reasons underlying for its issuance;
  • The probability of you repeating the behaviour which led the issuance of the removal order
  • list any potential humanitarian and compassionate elements of your request; and