Authorizations to Return to Canada

3rd Nov 2010 Comments Off on Authorizations to Return to Canada

Last updated on December 5th, 2019

Section 52(1) of Canada’s Immigration and Refugee Protection Act provides that a person who has been removed from Canada cannot return to Canada unless the person first receives specific authorization from immigration authorities.  This authorization is known as “authorization to return to Canada” (an “ARC“).  Whether an ARC is needed will depend on what type of removal order the person received.

Types of Removal Orders

Removal orders can be issued by officers at ports of entry, inland enforcement officers and the Immigration and Refugee Board’s (the “IRB”) Immigration Division.

There are three types of removal orders in Canada.  These are the “Departure Order,” the “Exclusion Order,” and the “Deportation Order”.

A Departure Order requires that a person leave Canada within 30 days after the order becomes enforceable.  Failure to do so causes the Departure Order to become a Deportation Order.  Examples of where a Departure Order would occur is a permanent resident who fails to meet their residency obligation or eligible refugee claimants who are pending a deciison by the IRB.

An Exclusion Order provides that the removed person cannot return to Canada for one year unless the person obtains ARC. For Exclusion Orders resulting from misrepresentation the bar is five years.  Examples of where an Exclusion Order would occur include foreign nationals who arrive at a port of entry without the appropriate documentation, foreign nationals who do not leave Canada by the end of their authorized stay and unauthorized work in Canada.

A Deportation Order results in a person being permanently barred from returning to Canada. Such a person may not return unless he/she receives ARC. Examples of where a Deportation Order would occur include criminality and national security concerns.

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