An Authorization to Return to Canada may be required when a person who was removed from Canada seeks to return. Whether an ARC is needed depends principally on the type of removal order, whether it was enforced and whether the person complied with its requirements.
Departure order
An ARC is generally not required if the person left within 30 days after the departure order became enforceable and obtained a Certificate of Departure. If the person did not leave within the required period or did not properly confirm departure, the departure order can become a deportation order and an ARC may be required.
Exclusion order
An exclusion order generally prevents return for one year after enforcement, or five years where the exclusion order was issued for misrepresentation. An ARC is generally required to return before the applicable period expires or where the required proof of departure is unavailable.
Deportation order
A person subject to an enforced deportation order is permanently barred from returning to Canada unless an ARC is issued.
What IRCC considers
- The reasons for the original removal order
- Whether the circumstances that led to removal have changed
- The likelihood of repeating the conduct that caused removal
- How much time has passed
- The person’s current circumstances and reason for returning
- Whether CBSA removal costs remain payable
- Whether the underlying inadmissibility has been resolved
An ARC does not by itself overcome a separate inadmissibility. Where inadmissibility cannot be resolved but there is a compelling temporary reason to travel, a Temporary Resident Permit may need separate consideration.
ARC and the original removal order
The starting point is the actual removal document and the record of how the person left Canada. A person should not assume an ARC is required merely because they previously had an immigration problem. The type of removal order, the date it became enforceable, whether departure was verified and how the order was enforced determine the analysis.
ARC does not erase inadmissibility
An ARC addresses permission to return after an applicable removal order. It does not cancel a separate ground of inadmissibility. For example, a person may still need to address criminal inadmissibility through rehabilitation or another available mechanism, or deal with a prior misrepresentation finding and its consequences.
Removal costs
Where the Government of Canada paid costs associated with enforcing a removal, repayment may be required before return. The amount and requirement should be confirmed from the person's enforcement history rather than assumed from the type of removal order alone.
What should an ARC application explain?
- The circumstances that led to the original removal order
- Whether the person complied with CBSA and immigration requirements
- Why the person now needs to return to Canada
- What has changed since the removal
- Why the circumstances leading to enforcement are unlikely to recur
- Family, employment, compassionate or other relevant connections to Canada
- How any separate inadmissibility issue has been resolved or is being addressed
Documents that may be important
- The original departure, exclusion or deportation order
- Certificate of Departure or other proof of when and how the person left Canada
- CBSA removal documents and correspondence
- Proof of repayment of removal costs where applicable
- Documents supporting the present reason for travel or immigration application
- Evidence addressing the circumstances that caused the original removal
ARC with a visa, work permit or permanent residence application
An ARC may arise together with another immigration application. Approval of the underlying visa, permit or permanent residence application should not be assumed merely because an ARC is requested or granted. Each applicable statutory and program requirement must still be met.
Returning after an exclusion period has expired
Expiry of the applicable exclusion period can change whether an ARC is required, but the person's departure must still be properly documented and any separate inadmissibility or immigration requirement remains relevant. The previous enforcement record should be reviewed before a new application or attempted travel.
Before applying to return to Canada
Obtain the removal order and departure record first. If those documents are incomplete, reconstruct the enforcement history as accurately as possible before deciding whether an ARC is required and what other immigration issue must be addressed.
This page provides general information only and is not legal advice. Whether an ARC is required and whether a person may return to Canada depend on the removal history, any continuing inadmissibility and the requirements of the new immigration application.
ARC, Inadmissibility and Returning to Canada
An ARC addresses permission to return after an applicable removal order; it does not by itself resolve a separate ground of inadmissibility. Review Immigration Inadmissibility, Criminal Inadmissibility or Temporary Resident Permits where relevant. For an ARC and return-to-Canada assessment, book a consultation.
Immigration criteria, document requirements and public policies can change. Advice should be based on the rules and facts applicable when you apply.
