How to Return to Canada After Deportation (GUIDE)

If you have been deported from Canada due to breaking immigration regulations or committing a crime, this guide can help you understand the steps required to return. Deportation can occur for several reasons, including overstaying a visa, working without authorization, or committing a serious offense. The process for returning to Canada involves obtaining an Authorization to Return to Canada (ARC) and adhering to specific requirements based on your removal order.

How to Return to Canada After Deportation (GUIDE)

Understanding Deportation from Canada

The Canadian Border and Services Agency (CBSA) is responsible for enforcing immigration laws and deporting individuals who violate them. Common reasons for deportation include entering Canada illegally, overstaying a visa, or providing false information about health or criminal history.

Authorization to Return to Canada (ARC)

An Authorization to Return to Canada (ARC) is a mandatory requirement for individuals who have been deported and wish to re-enter the country. The ARC application process varies based on the type of removal order issued:

  1. Departure Order (IMM 5238): Individuals must leave Canada within 30 days. If they do not, the Departure Order becomes a Deportation Order.
  2. Exclusion Order (IMM 1214B): Individuals are barred from returning to Canada for one year. After this period, they may apply for an ARC.
  3. Deportation Order (IMM 5238B): This is a permanent bar on re-entry, requiring an ARC and reimbursement of any removal costs paid by the CBSA.

Required Documentation for ARC

When applying for an ARC, you must provide several documents to support your case:

  • Temporary Resident Visa (TRV) form
  • Two passport photos
  • Copy of your passport data page
  • Explanation letter detailing the reasons for your deportation and why you should be allowed to return
  • Processing fee of CAD 400
  • Additional supporting documents (e.g., financial statements, employment records, family ties)

Steps to Apply for an ARC

  1. Gather Required Documents: Ensure all necessary documents are complete and accurate.
  2. Submit Your Application: Include your TRV form, passport photos, explanation letter, and supporting documents.
  3. Pay the Processing Fee: The non-refundable fee for an ARC application is CAD 400.
  4. Await Decision: The IRCC will evaluate your application based on your current situation, the reason for deportation, and the likelihood of re-offending.

Conclusion

Returning to Canada after deportation is a complex process requiring careful planning and adherence to legal procedures. Consulting an immigration lawyer is strongly recommended to navigate this challenging situation. With the right approach and necessary documentation, you can increase your chances of successfully returning to Canada.

FAQs

What is deportation?
Deportation is the forced removal of an individual from a country due to violations of immigration laws, public safety concerns, or criminal activity.

Can I return to Canada after being deported?
Yes, but only if you apply for and obtain an Authorization to Return to Canada (ARC). You may also need to reimburse the CBSA for the costs of your deportation.

How do I apply for an ARC?
You need to submit an application for a Temporary Resident Visa, along with the necessary documentation, and pay the CAD 400 processing fee.

Who needs an ARC?
Anyone who has been issued a removal order from Canada will likely need an ARC to return.

How long is the waiting period after deportation?
The waiting period can vary from 5 to 10 years, depending on the reason for deportation. Some deportations may result in a lifetime ban.

What happens if I stay in Canada after a Removal Order?
If you do not leave Canada within the required time, the Removal Order can turn into a Deportation Order, permanently barring you from re-entering the country.

What is the role of the CBSA?
The CBSA manages border security, including the enforcement of removal orders for foreign nationals who violate Canadian laws.

Are Canadian permanent residents subject to deportation?
Yes, permanent residents can be deported if they commit serious crimes. They would also lose their permanent resident status.

What is the cost of applying for an ARC?
The non-refundable application fee is CAD 400.

What factors are considered when reviewing an ARC application?
Factors include the reason for deportation, the time since the removal order, and your reasons for wanting to return to Canada.

What happens if I don’t leave Canada after receiving a Removal Order?
A national arrest warrant may be issued, and you could be detained until your removal from Canada is enforced.

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