How to return to Canada after being asked to leave

Posted October 2, 2022 at 8:00 am EDT


If you have been asked to leave Canada, you may be able to apply for an ARC

Canada has the authority to require non-Canadian citizens to leave the country by issuing eviction orders. Removal orders are often issued if you have committed an illegal act in Canada. You could also get one if you work without a valid visa or otherwise violate the terms of your visa. If you have received a removal order, you must leave Canada within 30 days, and you will likely need a Return to Canada Authorization (ARC) if you wish to return at any time in the future.

An ARC is an official document that gives you permission to re-enter Canada after a specified period of time. There are instances where it may not be necessary to get one if you follow guidelines set by the government. There are three types of removal orders. The category of removal order you receive will determine the steps you must take to return to Canada.

Schedule a free legal consultation with the law firm of Cohen Immigration

departure order

An exit order requires you to leave Canada by a specific date, often 30 days after issuance. There is no restriction on whether or when you can return. If at any time you need to return to Canada, it is important that you depart on time and notify Canadian immigration authorities of your departure upon departure so that they can verify that you have departed. If you overstay Canada, which is the assumption if you do not confirm your exit with an official, your exit order becomes a deportation order, which is far more serious.

exclusion order

A disqualification order means you must leave Canada and cannot return for 12 months. If you comply with the order by departing within the time limit and staying outside of Canada for one year, you do not need an ARC in addition to obtaining a certificate of departure by confirming your departures with Canadian authorities. As with an exit order, you will be issued with a deportation order if the expulsion date is exceeded.

deportation order

The deportation order is the most severe form of expulsion. This means you must leave Canada and not return for the rest of your life. Anyone who has received a deportation order and wishes to return must obtain an ARC.

How to get an ARK

To obtain an ARC, you must apply at the same time as you apply for a work or study permit in Canada. If you are from a visa-free country, you only need to apply for the ARC yourself. To apply for an ARC and visa, you must attach all the necessary documents for your visa, as well as:

  • two passport photos taken within the last six months.
  • a copy of your passport.
  • a written letter (in English or French) explaining in detail why you think you should be allowed to return to Canada. The letter must be printed in black ink or typed.
  • the processing fee (400 CAD).

If you have not left Canada within the time specified on an exit or departure order and you now have a deportation order, your written explanation must state the reason for not meeting the time limits.

You may be asked for an interview so officials can inquire about your current situation and why you want to return to Canada.

Eligibility for an ARC

ARCs are often subject to the decision of the immigration officer reviewing your application. You will check why you were asked to leave Canada the first time. You may have received a removal order for circumstances such as committing an illegal act or working without a visa. It can also work against you if you’re unemployed or don’t have strong ties to your home country.

If you were issued with an expulsion order for a crime, you may also have to submit proof of criminal rehabilitation.

If you have complied with the terms of your removal order and need to return to Canada, apply for your ARC as soon as possible. There is no standard of service and it may take additional time for IRCC to make a decision.

Schedule a free legal consultation with the law firm of Cohen Immigration

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