If you have been deported from Canada, you may not be allowed to enter again, unless you have a valid reason to travel to Canada. If you were issued a removal order from Canada and you want to return to the country, you will need an Authorization to Return to Canada (ARC). The most common reasons for receiving a removal order from Canada are:
- having a criminal record with serious crimes such as; drug possession, driving under the influence (DUI), theft, assault, resisting arrest and manslaughter. If you have committed or you have been convicted of a crime, find out your options to overcome your criminal inadmissibility. If you are unsure about the charges on your criminal record, learn about what crimes make you inadmissible to Canada.
- misrepresentation, such as forging your signature or falsifying information, that affects any of your immigration application.
The Authorization to Return to Canada (ARC) application is similar to a TRV (Temporary Resident Visa) Application, and there is a $400 processing fee. Your application will also depend on the type of removal order that was issued.
Immigration, Refugees and Citizenship Canada receives over 1,300 requests every year for ARC applications and according the IRCC, the success rates flutter at 80 per cent. Most of these applications come from the United States, China and Mexico.
What is a removal order?
There are three main categories or removal orders:
- Departure Order
You have a period of 30 days to leave Canada. If you leave Canada within that time frame and confirm your departure with the CBSA, you will be able to return to Canada provided you meet the entry requirements at that time. If you do not respect the following conditions, you will require an ARC.
- Exclusion Order
With this order, you cannot return to Canada for one year. If you wish to return before the waiting period, you must apply for an ARC. If this order was issued to you because of misrepresentation, you cannot come back to Canada for a period of five years. Also, it is important to note that, if the CBSA paid for your removal, you must repay that cost.
- Deportation Order
If you were removed under a deportation order, you are permanently banned from returning to Canada, you must apply for an ARC and again, you have to pay the cost if the CBSA paid for your removal. If you failed to meet the requirements, you will be ineligible to return.
When assessing your qualifications for an ARC application, the officer will consider the following:
- reasons for the removal order;
- possibility that you will repeat the behaviour that caused the order to be issued;
- length of time since the order was issued;
- current situation;
- reason why you want to enter Canada.
What if I have a criminal record and I was deported?
If you have a criminal record in Canada, you’ll need a Record Suspension before being eligible to apply for an ARC. A record suspension will remove your criminal record from the Canadian Police Information Centre (CPIC) database. This means that a search of CPIC will not show that you have a criminal record or a record suspension. Once your record suspension is granted, you will now be eligible to apply for an ARC.
If the offence occurred in Canada, you are admissible if you were pardoned under the Criminal Records Act in Canada. However, if you have more offences that occurred outside Canada, you are still inadmissible. You will also need to apply for Criminal Rehabilitation. This application is again for someone who is inadmissible to Canada because of past criminal activity. You are inadmissible if you:
- were convicted of an offence in Canada and not pardoned under the Criminal Records Act in Canada;
- were convicted of an offence outside of Canada that is considered a crime in Canada;
- committed an act outside of Canada that is considered a crime under the laws of the country where it occurred and would be punishable under Canadian law.
If I was deported from Canada can I go to the USA?
No, the CBSA has the ability to see your deportation history you will be denied entry. The USA and Canada share information through the CPIC database, and you will need a US Waiver.
Need more information about entering Canada after you have received a removal order?
Call us today for a free consultation at 1-866-972-7366.