Authorization to Return to Canada

Rameh Law > Authorization to Return to Canada

Authorization to Return to Canada

Canadian immigration officials will determine whether you can enter the country when you submit your application document for an eTA (Electronic Travel Authorization) visa or when you land at any point of entry.

However, if you’ve been under removal orders from Canada before, immigration officers may demand an ARC (Authorization to Return to Canada) before they can allow you to come back to Canada. The necessity to have an ARC often depends on the type of issued removal order.

Types of removal orders

Study the documents that IRCC (Citizenship and Immigration Canada) or the CBSA (Canada Border Services Agency) sent you before leaving Canada. You’ll understand the type of removal order issued, which can be:

  • ​Departure Order
  • Exclusion Order
  • Deportation Order

Form # IMM 5238—Departure Order

  • You don’t need an ARC if you received form IMM 5238 (a departure order), exited Canada within a month, and verified your exit with IRCC at the port of departure.
  • If you exited Canada but failed to verify your departure or left after the required 30 days had elapsed, the Departure Order by design becomes a Deportation Order. Hence, you must apply for an ARC before re-entering Canada.

Form # IMM 1214B—Exclusion Order

  • If the government issued you with an Exclusion Order and a year has elapsed since you exited the country, you may not need an ARC. However, you must have form # IMM 0056B (a Certificate of Departure) showing the date you exited Canada.
  • If you have to re-enter Canada less than a year after receiving an Exclusion Order or don’t have a Certificate of Departure, an ARC is a must.

Form # IMM 5238B—Deportation Order

You must submit your application for Authorization to Return to Canada if you were the subject of a deportation order.

However, form # IMM 1217B (Direction to Leave Canada) isn’t a removal order. A person who has been the subject of form # IMM 1217B doesn’t have to apply for an ARC.

It’s important to remember that exemption from applying for ARC (weather under departure, exclusion, or deportation orders) doesn’t exempt you from routine checks at the port of entry.