How to Return to Canada After Deportation (Full GUIDE)

This guide offers insights into how you might return to Canada following deportation. If you’ve recently been forced to leave the country due to immigration violations or criminal activity, this information could be crucial for your reentry.

Reasons for Deportation

There are various reasons why someone might be deported from Canada, ranging from immigration breaches to criminal offenses. The Canadian Border Services Agency (CBSA) handles the deportation of individuals who have either entered the country unlawfully or violated immigration laws.

If you have overstayed your visa or entered Canada under false pretenses, such as misrepresenting your health or criminal history, the CBSA may deport you. In such cases, you might need to return to Canada for purposes such as tourism, education, or employment. To facilitate your return, you can apply for an Authorization to Return to Canada (ARC).

Application Process for Authorization to Return to Canada (ARC)

Applying for an ARC does not require a separate application process from your return visa application, but the $400 application fee is a distinct aspect of the ARC process.

Types of Removal Orders

Your ability to return to Canada depends on the type of removal order you received:

1. Departure Orders

If you were issued a Departure Order (form IMM 5238), you must leave Canada within 30 days. Failure to do so will convert your Departure Order into a Deportation Order. In this case, the ARC can help facilitate your return.

2. Exclusion Orders

An Exclusion Order (form IMM 1214B) requires you to leave Canada for six months. After the exclusion period, you can apply for ARC. If the order was self-represented, you may be barred from reentry for five years. You must also reimburse CBSA for any costs associated with your Removal Order.

3. Deportation Orders

A Deportation Order (form IMM 5238B) permanently bars entry to Canada. To return, you need to apply for an ARC and reimburse CBSA for any removal costs.

Required Documentation for ARC Application

When applying for an ARC, it is essential to submit the following documents:

• Temporary Resident Visa form
• Two recent passport photos
• A copy of your passport data page
• A letter explaining your deportation and reasons for reentry
• A processing fee of CAD 400

Note that you do not need to submit a separate ARC application; it is integrated with your Temporary Resident Visa application, except for the processing fee. Include any documents that establish your connection to your home country, such as family, financial, and employment records.

Frequently Asked Questions

What is Deportation?

Deportation involves expelling an immigrant from a country due to immigration law violations, public health and safety breaches, or significant criminal offenses.

Can I Return to Canada After Deportation?

You cannot return to Canada after receiving a Deportation Order without applying for an ARC. You must also cover any costs incurred by CBSA for your removal.

How Do I Apply to Return to Canada?

To apply for reentry, you need to submit the following:

• Temporary Resident Visa form
• Two passport photos
• A copy of your passport data page
• A letter explaining your deportation and reasons for reentry
• A $400 processing fee

Who Needs Permission to Reenter Canada?

At the point of entry, a border services officer will determine if you need ARC to enter Canada based on your deportation order.

How Long Is the Waiting Period After Deportation?

Depending on the case, you may face a reentry ban of five, ten, or twenty years, or even indefinitely. The specific duration varies based on the circumstances of your deportation.

What Is the Duration of a Deportation Order in Canada?

A Deportation Order is permanent unless you obtain formal permission from a Minister’s delegate to reenter Canada.

What Documents Are Needed for Reentry?

U.S. citizens need a valid U.S. passport, passport card, or Nexus card. Minors under 16 only need proof of U.S. citizenship. For air travel, a valid U.S. passport book is required.

What Grounds Can Lead to Deportation from Canada?

Common grounds for deportation include overstaying a visa, working without authorization, using false documents, dishonesty, or committing serious crimes.

How Can I Avoid Deportation?

Maintaining valid Canadian status, adhering to all laws and regulations, and renewing your visa before expiration can help avoid deportation.

What Is the Authorization to Return to Canada (ARC)?

ARC is a process by which Immigration, Refugees and Citizenship Canada (IRCC) assesses if a deported foreign national can return to Canada.

What Happens If I Overstay My Visa?

IRCC will issue a Removal Order if you overstay your visa, necessitating your departure from Canada.

What Is the Role of the Canadian Border Services Agency (CBSA)?

CBSA manages the movement of people and goods at Canadian borders and ensures national security. It also oversees the deportation of those violating Canadian laws.

Can Permanent Residents Be Deported?

Yes, permanent residents can be deported for serious crimes and lose their status as Canadian permanent residents.

How Much Does the ARC Application Cost?

The application fee for ARC is CAD 400 and is non-refundable.

How Are ARC Applications Evaluated?

IRCC evaluates ARC applications based on your current situation, the timing of the removal order, reasons for deportation, and your reasons for returning to Canada.

What Are the Requirements to Apply for ARC?

When applying for ARC, ensure you provide:

• A $400 ARC processing fee
• A completed online application for a Temporary Resident Visa (TRV)
• Two recent passport photos
• A copy of your passport information page
• A detailed letter explaining your reasons for wanting to return to Canada

What Happens After Deportation?

Once deported, you are permanently barred from reentering Canada unless you receive an ARC approval.

What If I Refuse to Leave Canada After a Removal Order?

Failure to comply with a Removal Order will result in a national arrest warrant and potential detention until deportation.

Conclusion

Reentering Canada after deportation is a challenging process that requires careful planning and adherence to legal procedures. Successful reentry depends on understanding the deportation grounds, following the correct steps, and seeking expert legal advice.

Consulting with an immigration attorney is crucial for tailored guidance. Demonstrating a commitment to positive change, thorough documentation, and patience during the application process can improve your chances of returning to Canada.

While the process can be complex, with the right support and perseverance, returning to Canada is possible and offers a chance for a fresh start in a welcoming nation.