How to Return to Canada After Deportation: A Comprehensive Guide

This guide offers essential information for those seeking to return to Canada after being deported, whether due to immigration violations or criminal activities.

Reasons for Deportation and Your Path to Return

Foreign nationals may be deported from Canada for various reasons, including illegal entry, overstaying visas, or providing false information. The Canadian Border Services Agency (CBSA) is responsible for enforcing these deportations. If you were deported, you might need to return for work, study, or other reasons. To re-enter Canada, you can apply for an Authorization to Return to Canada (ARC).

Understanding the Authorization to Return to Canada (ARC)

When seeking to return to Canada, you must apply for an ARC, a process that varies depending on the type of Removal Order you received. There are three main categories of Removal Orders:

1. Departure Order

If you received a Departure Order (form number IMM 5238), you must leave Canada within 30 days. Failing to do so will result in a Deportation Order. After leaving, you can apply for ARC to return.

2. Exclusion Order

For those under an Exclusion Order (form number IMM 1214B), you must stay out of Canada for six months. You can apply for ARC after this period. Note that if the order was due to self-representation, you may face a five-year ban and must reimburse the CBSA for any costs.

3. Deportation Order

If you received a Deportation Order (form number IMM 5238B), re-entry is typically prohibited unless you obtain ARC. You will need to repay the CBSA for any removal costs before applying.

Required Documentation for ARC Application

To increase your chances of ARC approval, submit the following documents:

• Temporary Resident Visa form
• Two passport photos
• Copy of your passport data page
• A letter explaining your deportation and reasons for re-entry
• Processing fee of CAD 400

Note that ARC application is not separate; it is part of the Temporary Resident Visa application process. Supporting documents such as proof of family ties, financial records, and employment history can strengthen your application. For more details, visit the Citizenship and Immigration Canada website.

Frequently Asked Questions

What is deportation?

Deportation occurs when an immigrant is expelled from a country due to violations of immigration laws, public health and safety regulations, or serious criminal offenses.

If I am deported, may I return to Canada?

You cannot return to Canada after deportation without obtaining ARC and repaying the CBSA for removal costs.

How do I apply to return to Canada?

To apply for re-entry, submit the following with your ARC application:

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

Who needs permission to enter Canada again?

A border services officer will determine if you need ARC upon arrival. If you were served with a removal order, you likely need ARC to enter Canada.

How long will I have to wait after deportation?

The waiting period varies, but most deportees face a 10-year restriction. The specific duration depends on the circumstances surrounding your deportation.

What is the duration of a deportation order in Canada?

If you do not leave within 30 days of receiving a Removal Order, it becomes a Deportation Order. Entry into Canada is permanently barred unless you receive formal authorization from a delegate of the Minister.

What paperwork is required for my return from Canada?

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

What grounds exist for deporting a foreign national from Canada?

Common grounds include overstaying a visa, working without a permit, using forged documents, dishonest behavior, or committing serious crimes such as terrorism or armed robbery.

How can I stay in Canada and avoid deportation?

Being a legitimate Canadian citizen is the best way to avoid deportation. Ensure you follow all laws, maintain a valid visa or permit, and renew it before expiration.

What is The Authorization to Return to Canada (ARC)?

ARC is used by Immigration, Refugees, and Citizenship Canada (IRCC) to determine if a deported individual is eligible to return to Canada.

What happens if I stay in Canada too long?

Overstaying your visa will result in a Removal Order, requiring you to leave the country.

What roles do the Canadian Border Services Agency (CBSA) play?

The CBSA manages the movement of people and goods across Canada’s borders and ensures security. It is responsible for deporting individuals who violate Canadian laws.

Are Canadian permanent residents subject to deportation?

Yes, permanent residents can be deported if convicted of major crimes, leading to the loss of their status and forced departure.

How much does it cost to apply for an Authorization to Return to Canada (ARC)?

The ARC application fee is CAD 400 (non-refundable).

How are ARC applications evaluated?

IRCC evaluates ARC applications based on your current situation, the timing of the removal order, the reason for deportation, and the likelihood of compliance upon return.

What qualifications must one meet to apply for ARC?

To apply for ARC, you need a $400 processing fee, a completed online application for a Temporary Resident Visa (TRV), two recent passport photos, a copy of your passport data page, and a detailed explanation letter in English or French.

What happens when someone is removed from Canada?

Deported individuals are permanently barred from re-entering Canada unless they obtain ARC approval.

What if I refuse to leave Canada after a Removal Order?

If you refuse to leave, a national arrest warrant may be issued, and you could be detained until your departure.

Conclusion

Returning to Canada after deportation is complex and requires careful planning and adherence to legal procedures. Securing expert advice and understanding the grounds for your deportation are crucial. Each case is unique, so consulting with an immigration attorney can provide tailored guidance for your situation.

Re-entering Canada after deportation involves navigating legal challenges and demonstrating a commitment to change. Accurate and comprehensive documentation is essential to expedite the application process. While the process can be stressful, with proper support and perseverance, it is possible to secure a second chance in Canada.