January 4th, 2024 at 12:08 am
All You Need to Know About Authorization to Return to Canada or ARC
Continue reading to learn more about the Authorization to Return to Canada or ARC.
Individuals who are found to be inadmissible to Canada may be issued a departure order, an exclusion order, or a deportation order by the IRCC. Receiving these orders may appear to be the end of a person’s journey. This, however, is not the case. This is due to the Canadian government issuing them an ARC, or Authorization to Return to Canada. This document may allow people who have a removal order to return to Canada in the near future.
Removal Orders
A removal order is a document that tells you that you must leave Canada. There are three kinds of removal orders. Of course, the repercussions are distinct. Before you can grasp the ARC, you must first understand Canada’s three removal orders.
Departure Orders
When a person receives a Departure Order, they must leave Canada legally within 30 days of receiving the order. When they arrive at the port of entry, the individual must also notify CBSA of their legal exit from the nation.
Departure orders can be converted to deportation orders if the beneficiary fails to leave Canada within the specified 30-day window or fails to notify CBSA of their departure once they arrive at their port of departure. We’ll discuss the consequences of this process later, from leaving to receiving a deportation order.
Exclusion Orders
Exclusion orders are created in response to the seriousness of departure orders by limiting the individual’s ability to re-enter Canada. This is usually true for at least one year. These individuals, however, may be barred from returning to Canada for a term of five years. Only if misrepresentation led to the exclusion do they come under this.
Furthermore, if an exclusion order requires the CBSA to pay for the individual’s removal from the country, the person must refund the CBSA in full.
Deportation Orders
These types of orders are required to restrict a person from returning to Canada completely and permanently. However, this may be reversed if they request an ARC later on. Aside from an ARC, this form of deportation order must opt to repay for a deportee’s re-entry into Canada. Regardless of their unique circumstances regarding deportation, recipients must apply for an ARC if they wish to re-enter Canada.
Grounds for a removal order
Removal orders are issued for the reason of inadmissibility to Canada. As a result, such orders could only be issued to Canadian permanent residents (PR) or foreign nationals (FN). The reasons for inadmissibility are defined in several parts of the Immigration and Refugee Protection Act (IRPA). These sections are summarized below. However, the goal is to make things easier. The following list is not an exact or legal description of these sections.
Who issues a removal order?
One of three organizations could issue a removal order:
- The CBSA, or Canada Border Services Agency, is the immigration enforcement branch. As a result, they are the principal source of the issuance of removal orders. Even most other removal orders are initiated by submitting a 44-page report.
- The Immigration and Refugee Board of Canada, also known as the IRB, is a court-like entity. They make a variety of decisions, including, but not limited to, deportation orders. As a result, they are a different organization that issues these directives. However, in virtually every case, CBSA handles the initial removal request, often known as the 44 report.
- The Immigration, Refugees, and Citizenship Canada (IRCC) makes decisions on visa and immigration applications. As a result, they rarely issue removal orders. They do, however, issue removal orders in extreme circumstances, such as refugee claims at an inland office.
Requirements of an Authorization to Return to Canada
Applying for an ARC is the most common way for deportation order holders to gain re-entry into Canada. Alternatively, an ARC is not required for re-entry if the removal order issued was either a departure or exclusion order.
Here is information on reentering Canada after receiving one of these two types of removal orders.
People who receive departure orders may be eligible to return to Canada if they meet the admission conditions. This assumption is that they followed all necessary processes when departing the country.
Naturally, an ARC would be required if a person received a departure order that was later amended to a deportation order and wished to return to Canada.
If an Exclusion Order holder wishes to return to Canada before the end of their exclusion period, they may be required to apply for an ARC. Alternatively, regardless of the circumstances surrounding a person’s deportation, all people with this form of order will require an ARC. This means that filing for an ARC will be critical if they ever wish to return to Canada. This is regardless of how much time has passed since they obtained the removal order.
More information on the Return to Canada Authorization
The application processing fee for ARC is CAD 400.
Under all other conditions, an application for an ARC must be presented in conjunction with another submitted application. This is because applications submitted through the ARC system are intended to be “processed and reviewed in the context of other applications.”
The individual who is the recipient of an exclusion order can submit an application for an ARC in conjunction with an application for a Temporary Resident Visa. This allows the two applications to be reviewed simultaneously.
If the applicant does not need a visa to enter Canada, then they are eligible for independent processing of an application for refugee status (ARC). This would be the case, for instance, if the individual attempted to enter Canada. This is because an Australian citizen is a citizen of a country that does not require a visa.
Most importantly, ARCs are contextual and arbitrary. Any individual who is served with a removal order does not necessarily have assurance that they will be granted an ARC. As an alternative, the Canadian government will decide this case. In addition to this, it will be dependent on the particulars of each person’s case.
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