Removal orders and Remedies

Author: Parminder Singh LL.B (Canada)

What types of Removal Orders trigger ARC applications

If you have been issued removal orders, what should you do? Do you need permission to return to Canada, which is  known as “Authority to return to Canada” (ARC)? Well, the answer to this question lies in another question:  what type of removal order was issued?

There are three types of removal orders:

  1. Departure order
  2. Exclusion order
  3. Deportation order

The following information will make it clear whether you will need authority to return to Canada:

1. Departure Order (form number IMM 5238)

a) If you received a Departure Order and

  • left Canada within 30 days and
  • verified your departure before exiting Canada

you do not need an ARC.

b) If you left Canada without verifying your departure, or more than 30 days after the Departure Order was issued, the Departure Order automatically becomes a Deportation Order and you will need an ARC

2. Exclusion Order (form number IMM 1214B)

a) If you were issued an Exclusion Order and

  • 12 months have passed since you left Canada and
  • you have a Certificate of Departure showing the date you left Canada

you do not need an ARC

b) If you wish to return to Canada less than 12 months after the Exclusion Order was issued, or do not have a Certificate of Departure, you need to apply for an ARC.

3. Deportation Order (form number IMM 5238B)

If you have been the subject of a Deportation Order you will need to apply for an ARC.

Note: A Direction to Leave Canada (form number IMM1217B) is not a removal order.  As such, you do not need an ARC.

Note: However, if you were deported because of criminality, you will need to apply for criminal rehabilitation prior to applying for ARC. The fee for criminal rehabilitation application is $1000. The issue of rehabilitation will be discussed in a separate article.You may also need Temporary resident permit.

Factors in an ARC application

When an officer assesses your application, they will consider, among other things:

  • the reasons for the removal order
  • the possibility of repeat behaviour that caused the order
  • the length of time since the order was issued
  • your current situation
  • are the reasons compelling for your return

Consider why you were issued a removal order, as well as your current situation. For example, if you were deported because you were working illegally in Canada, and you are not currently employed in your country or you cannot prove strong ties to your country, the officer would have reason to believe that you would not respect the terms and conditions of your stay in Canada.

In a nutshell, if the circumstances that led to the removal order have not changed, the officer’s decision is less likely to be favourable.

If you are applying to come to Canada for visiting, studying, working or immigrating, you should not submit a separate application for an ARC. Once your application is approved, the officer will send instructions to submit an ARC request along with the $400 fee.

Note: if you think, a removal order was issued to you without just cause, you can appeal it in the Federal Court of Canada known as Judicial Review.