immlaw@akahlon.ca | +1 (647) 450-0000
Authorization to Return to Canada

Authorization to Return to Canada

If you have been removed from Canada due to an immigration violation, you may need to obtain Authorization to Return to Canada (ARC) before being allowed to re-enter the country. Section 52(1) of Canada’s Immigration and Refugee Protection Act stipulates that a person who has been removed from Canada cannot return unless they first receive specific authorization from immigration authorities. This authorization is known as an “Authorization to Return to Canada” (ARC). Whether an ARC is needed depends on the type of removal order the person received. At Kahlon Law, we specialize in navigating complex immigration matters, including the ARC process, to help you achieve your goal of returning to Canada.

What is an ARC?

An Authorization to Return to Canada (ARC) is a requirement for individuals who have been removed from Canada under specific immigration orders, as per Section 52(1) of the Immigration and Refugee Protection Act (IRPA). This authorization ensures that the Canadian government approves your return, based on several key factors that immigration authorities will assess.

What are the different types of removal orders?

There are three primary types of removal orders in Canada, each with different implications for returning to the country:

  • Departure Order:
    • Under Section 52(1) of the IRPA, a Departure Order requires you to leave Canada within 30 days after the order becomes enforceable. If you do not comply, it converts into a Deportation Order under Section 52(2).
    • Examples of Departure Orders include permanent residents failing to meet their residency obligations or eligible refugee claimants who are pending a decision by the Immigration and Refugee Board (IRB).
  • Exclusion Order:
    • As per Section 36(1) of the IRPA, an Exclusion Order prevents you from returning to Canada for one year unless you obtain an ARC. If the Exclusion Order is due to misrepresentation, the period is extended to five years.
    • Examples of Exclusion Orders include foreign nationals who arrive at a port of entry without the appropriate documentation, those who overstay their authorized stay, or those found working without authorization in Canada.
  • Deportation Order:
    • Under Section 52(1) of the IRPA, a Deportation Order is a permanent ban on re-entry to Canada unless you obtain an ARC. This type of order is typically issued for reasons of criminality or national security concerns.

Do you need an ARC?

Whether you need an ARC depends on the type of removal order you received:

  • If you have received an Exclusion Order, you must wait 12 months before applying for re-entry, and you will need to obtain an ARC if you wish to return within that time frame.
  • If you have received a Deportation Order, you will need an ARC to re-enter Canada.
  • Departure Orders typically do not require an ARC unless they convert into a Deportation Order due to non-compliance.

What is the ARC process?

Applying for an ARC involves submitting specific documentation and demonstrating that you have compelling reasons for wanting to return to Canada. Immigration authorities will apply the provisions outlined in the Immigration and Refugee Protection Act (IRPA) to assess your application. You must provide clear explanations regarding the violation that led to your removal and how you plan to comply with Canadian immigration laws in the future.

At Kahlon Law, we understand the complexities of the ARC process and can guide you through the steps to increase your chances of success.

What factors are considered in the ARC application?

When applying for an ARC, immigration authorities will evaluate several factors under the provisions of the Immigration and Refugee Protection Act (IRPA) and case law from the Federal Court. These factors include:

  • The severity of the immigration violation that led to the removal.
  • Your history of cooperation with Immigration, Refugees and Citizenship Canada (IRCC), in accordance with Singh v. Canada (Immigration, Refugees and Citizenship), 2009 FC 514.
  • Compliance with previous immigration documents and conditions.
  • Any criminal inadmissibility issues, including whether you need to apply for Criminal Rehabilitation or a Temporary Resident Permit (TRP).
  • Humanitarian and compassionate grounds, as set out in Section 25 of the IRPA, including family ties, economic contribution, and exceptional circumstances.
  • The best interests of children or other dependents involved in your case.
  • Whether you have any outstanding immigration warrants.

Why choose Kahlon Law Office for your ARC process?

Navigating the ARC application process can be challenging, especially if it involves issues of criminal inadmissibility, humanitarian grounds, or misrepresentation. With over 7 years of combined experience in immigration law, our team of skilled professionals at Kahlon Law is here to assist you every step of the way.

Our services include:

  • A thorough review of your immigration history and removal order.
  • Preparation and submission of your ARC application.
  • Guidance on any additional steps, such as Criminal Rehabilitation or Temporary Resident Permits.
  • Expert advice on addressing humanitarian and compassionate considerations that could strengthen your case.
  • Representation in appealing ARC refusals based on sufficient humanitarian grounds.

If you have been removed from Canada and are seeking to return, do not navigate the complex ARC application process alone. Contact Kahlon Law today for expert advice and personalized service. We can help you understand your options, ensure your application is complete, and work towards a successful outcome.

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Email: immlaw@akahlon.ca

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