Immigration Corner | What is an Authorisation to Return to Canada?

Immigration Corner | What is an Authorisation to Return to Canada?: Dear Miss Powell, I used to live in Canada, but I was sent home. My cousin is getting married and I have an invitation to attend the wedding. Can I reapply for a visitor’s visa? What are the chances of my application being successful? Thank you Dear WW, A foreign national who has contravened the Immigration and Refugee Protection Act (IRPA) and its regulations can be the subject of a removal order from Canada and may need to apply for an Authorization to Return to Canada (ARC), and a Temporary Resident (visitor’s) visa. The success of your application depends on the reason that you were “sent home”, the type of removal order that was issued against you, the length of time that has passed, as well as your current social and economic situation. At the time of your departure from Canada, did you notify the Canadian Border Services Agency? Did they give you a letter confirming your departure? You should have received a Certificate of Departure (IMM 0056B) showing the date you left Canada and the type of order. This letter will determine the steps that you will need to take to return to Canada. TYPES OF REMOVAL ORDERS Departure Order An individual may be issued a departure order by Immigration, Refugee and Citizenship Canada, formerly CIC. This is the easiest to overcome if you left Canada within the required 30 days. If you received a departure order and failed to leave within the 30 days, then the departure order could become a deportation order, and you will need to apply for ARC. Exclusion Order Individuals who are issued an exclusion order and less than 12 months have passed since your departure, or you did not receive a Certificate of Departure, will need an ARC. However, if more than 12 months have passed, you do not need to apply for an ARC and your temporary resident application will be assessed based on the usual standards. Deportation Order A deportation order is the hardest to overcome and an ARC is required. The situation is compounded if you were deported because of a criminal record, and you are deemed to be criminally inadmissible to Canada. You will need to prove your rehabilitation or apply for criminal rehabilitation. An individual is usually permanently banned from returning to Canada when a deportation order is given, unless he can satisfy an immigration officer that he is not a threat to the safety and security of other Canadian, and that he is able to overcome this inadmissibility. For criminal inadmissibility, you must first apply for a record suspension (formerly known as a pardon) from the Parole Board of Canada. If you get a Canadian record suspension, you will no longer be deemed inadmissible. Under Section 52 of IRPA, if a removal order has been enforced, you cannot return to Canada unless authorised by an officer or be able to demonstrate that there are compelling circumstances which warrant the granting of a visa to Canada. This is done through an ARC. APPLICATION (ARC) Your starting point is to retain an experienced Canadian immigration lawyer to assist you with this application. Your authorised representative will need to present persuasive arguments and evidence to convince a visa officer that you will not contravene the law, if granted permission to re-enter Canada. You may be able to get an ARC if you are able to clearly show that you do not intend to violate the immigration rules again, and that you are not a threat to those in Canada. The application fee is currently CDN$400. The success of your application will be based on the reason for the removal order, proof that you are not likely to contravene the laws again, the length of time that has passed, your reason for wishing to return to Canada, and most importantly, your current situation in your home country. You must be able to prove that you have strong social and economic ties to your home country that would motivate you to return to your home before the expiry of the time granted. Deidre S. Powell is a Canadian immigration lawyer with offices located in Ottawa, Ontario. Send your questions and comments to via www.deidrepowell.com. Connect with her on Twitter, LinkedIn, Facebook, and Instagram, or call 613-695-8777.