If you have just been forced to leave Canada because of breaching immigration laws or for committing a crime, this post can guide you on how to return to Canada after deportation.
Moreover, there are various reasons a foreign national can get deported from Canada and be forced to return to their country of origin.
In Canada, the Canadian Border and Services Agency (CBSA) is responsible for deporting illegal immigrants and violators of Canada’s laws.
Besides, most foreign nationals who got deported from Canada had this fate because they stayed illegally without a valid visa.
Thus, if you have overstayed your Canadian visa or came to Canada by misrepresenting yourself when you are inadmissible in terms of health or past criminal records, CBSA might deport you to your home country for such an act.
After leaving Canada upon your deportation, you might need to return to Canada for a tour, study, or work. Notwithstanding, you can come back to Canada through Authorization to Return to Canada (ARC). You will not be required to make a different application for your ARC.
More so, when you can successfully process your ARC, it will be issued within your visa application to return to Canada. The only notable difference is that you will be asked to pay $400 as your ARC application fee.
In addition, there are specific steps you need to undergo to return after deportation based on why you were deported from Canada.
How To Return To Canada After Deportation
When you are deported from Canada for one reason, getting a visa to return to Canada will be difficult.
Besides, Immigration, Refugees, and Citizenship Canada (IRCC) find it hard to condone foreign nationals who violate Canada’s laws.
Your initial offense also determines whether you will be authorized to return to Canada after deportation.
Foreign nationals who overstayed their visa or lived/worked illegally in Canada for a long time can only return to Canada if the immigration officer can realize why they might need a visa without considering their daunting background.
However, you must apply for an Authorization to Return to Canada (ARC) to gain re-entry after deportation. ARC requires you to provide a justifiable reason why you need to come back to Canada.
Ultimately, if you are lucky to get approval on your ARC, you will be authorized by IRCC to return to Canada, irrespective of what caused your deportation.
Authorization to Return to Canada (ARC)
Authorization to Return to Canada (ARC) is applicable in different ways, based on the type of Removal Order issued to the foreign national by CBSA.
Thus, there are three types of Removal Orders: Departure orders, Exclusion orders, and Deportation orders.
To facilitate your application for ARC, you may need to submit supporting documents like family documents, employment documents, financial statements, and other relevant documents.
ARC to return to Canada after a Departure Order (form number IMM 5238)
IRCC’s Departure Order instructs foreign nationals to depart from Canada in no further than 30 days. Therefore, if you exceed 30 days before departure, the Departure Order will automatically change to a Deportation Order.
Hence, ARC can help you return to Canada after eviction.
ARC to return to Canada after an Exclusion Order (form number IMM 1214B)
An exclusion Order instructs a foreign national to leave Canada for six (6) months. After the exclusion period has passed, you can apply for Authorization to Return to Canada (ARC).
Moreover, if CBSA issued the Exclusion Order for misrepresentation of yourself, you are ineligible to return to Canada for five (5) years.
Thus, if CBSA made payment for your Removal Order, you need to refund the payment to be eligible to return to Canada.
ARC for Deportation Order with form number IMM 5238B
Foreign nationals who have received a Deportation Order from Canadian Border and Services Agency (CBSA) are permanently prevented entry to Canada.
Hence, if you are stuck in such a situation, you must apply for Authorization to Return to Canada.
However, if CBSA made payment for your Removal Order, you must refund the payment to become eligible to return to Canada.
Documents required to apply for Authorization to Return to Canada (ARC)
Here are the documents you need to apply for ARC.
- A Temporary Resident Visa (TRV) application form has been appropriately filled out and authorized to create the barcode page.
- Two passport photos that were taken less than six months ago
- A scanned copy of your passport’s information page
- A typed letter of explanation in English or French language. The letter is intended to justify why Canada should consider issuing you a Canadian visa for your return.
Frequently Asked Questions
What is deportation?
Deportation occurs when foreign national gets evicted from a foreign country for violating their immigration laws, public health and safety rules, or involvement in a serious criminal offense.
What can make a foreign national get deported from Canada?
Many factors can lead to the deportation of foreign nationals from Canada. However, the most common reasons for deportation include the following:
- Overstaying in Canada after visa expiry.
- Working in Canada without a valid Canadian work permit
- Using counterfeit documents or credentials to work in Canada.
- Involving in fraudulent activity.
- Immigrating or entering Canada as an inadmissible person regarding a health condition, police certificates, proof of funds, etc.
- Committing criminal offenses such as murder, sexual harassment, terrorism, armed robbery, and so on.
How can I avoid deportation from Canada?
Ans – An ultimate way to avoid deportation from Canada is to be a true Canadian citizen.
Thus, you have to abide by all of Canada’s rules and regulations. You must also possess a valid Canadian visa/permit and use it as applicable.
Finally, you should ensure your visa is processed for renewal before its expiration date.
What is the Authorization to Return to Canada (ARC)?
Through ARC, Immigration, Refugees and Citizenship Canada (IRCC) determine if a deported foreign national is in good standing to return to Canada.
What will happen if I overstay in Canada?
If you overstay in Canada after your visa has expired, Immigration, Refugees, and Citizenship Canada (IRCC) will issue a Removal Order on you, which makes it mandatory to leave Canada.
What are the Canadian Border and Services Agency’s (CBSA) roles?
CBSA provides integrated border services that manage how people and goods enter and leave Canada Port-of-Entry. In addition, it ascertains security in Canada.
CBSA’s responsibility is also to evict foreign nationals that breach Canada’s laws and regulations.
Do permanent residents get deported from Canada?
Yes, Canadian permanent residents can also get deported for being convicted of a serious crime.
Besides, they will be deprived of Canada’s permanent residency status and evicted from their home country.
What is the application fee for the Authorization to Return to Canada (ARC)?
ARC application fee costs a non-refundable payment of 400 Canadian Dollars
How are applications for Authorization to Return to Canada assessed?
Immigration, Refugees and Citizenship Canada (IRCC) assess and decides ARC applications based on the following:
- Your present state of affairs.
- The period when the Removal Order was issued.
- Reason for deportation.
- Reason to return to Canada and Chances of recurring attitude.
What are the requirements to apply for ARC?
In returning to Canada after deportation, you are required to make provisions for the following:
- An ARC processing fee of $400.
- An application form for a Canadian Temporary Resident Visa (TRV) has been duly completed online and authorized to create a barcode page.
- Two passport photos were taken no further than six months ago.
- A copy of your passport’s information page.
- An explanation letter that is typed in English or French.
It should contain elaborate details on why you need a visa to return to Canada after deportation.
What happens after a person gets deported from Canada?
When foreign nationals get deported from Canada, they are not allowed to enter Canada for any reason.
Moreover, it is a permanent eviction for the person coming to Canada.
Hence, you can only gain re-entry if an Authorization to Return to Canada (ARC) is approved.
What happens if you resist leaving Canada after being issued a Removal Order?
CBSA expects you to leave Canada without delay when you are issued a Removal Order.
Hence, if you do not attend your removal interview or fail to comply with your intended removal date, a nationwide arrest warrant will be issued against you in Canada.
Besides, when you get arrested by Canada’s law enforcement agencies, you will be confined in a holding facility before your removal. After that, however, an officer will escort you to the airport until you board.