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 a wide variety of reasons why 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 charged with the responsibility of deporting illegal immigrants, and violators of Canada’s laws.
Besides, the majority of 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 won’t be required to make a different application for your ARC.
More so, when you are able to successfully process your ARC, it will be issued within your visa application to return to Canada. The only notable difference is that you’ll be asked to pay $400 as your ARC application fee.
In addition, on the basis of why you were deported from Canada, there are certain steps you need to undergo to return after deportation.
How To Return To Canada After Deportation
When you’re deported from Canada due to one reason or the other, it will be quite difficult to get a visa to return to Canada.
Besides, Immigration, Refugees, and Citizenship Canada (IRCC) find it hard to condone foreign nationals who violated Canada’s laws.
Your initial offense also determines whether you’ll be authorized to return to Canada after deportation.
More so, foreign nationals who overstayed their visa or lived/worked illegally in Canada for a long can only return to Canada if the immigration officer is able to realize why you might need a visa without considering your daunting background.
However, you need to apply for an Authorization to Return to Canada (ARC) in order to gain a re-entry after deportation. ARC requires you to provide a justifiable reason why it is important for you 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 3 types of Removal Orders, which include Departure Order, Exclusion Order, and Deportation Order.
More so, in order 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 not further than 30 days. 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)
Exclusion Order instructs a foreign national to leave Canada for a period of 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’re ineligible to come back to Canada for a period of 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’re required to apply for Authorization to Return to Canada.
However, if CBSA made payment for your Removal Order, it is necessary that you 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 that has been appropriately filled out, and authorized to create the barcode page.
- 2 passport photos that were taken less than 6 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 about how to return to Canada after deportation
Q. What is deportation?
Ans – Deportation occurs when foreign national gets evicted from a foreign country for violating their immigration laws, public health and safety rules, or for involvement in a serious criminal offense.
Q. What can make a foreign national get deported from Canada?
Ans – A vast number of factors can lead to the deportation of foreign nationals from Canada. The most common reasons for deportation include;
- Overstaying in Canada after visa expiry
- Working in Canada without a valid Canadian work permit
- Using counterfeit documents or credentials to work in Canada
- Involvement in a fraudulent activity
- For immigrating or entering Canada as an inadmissible person in terms of health condition, police certificates, proof of funds, etc.
- Committing criminal offenses such as murder, sexual harassment, terrorism, armed robbery, and so on.
Q. How can I avoid deportation from Canada?
Ans – An ultimate way to avoid deportation from Canada is to act as a true Canadian citizen.
Thus, you have to abide by all Canada’s rules and regulations. You also need to possess a valid Canadian visa/permit and use it as applicable.
Finally, you should ensure that your visa is processed for renewal before its expiration date.
Q. What is an Authorization to return to Canada (ARC)?
Ans – Through ARC, Immigration, Refugees and Citizenship Canada (IRCC) comes to a final conclusion to determine if a deported foreign national has good stands to return to Canada.
Q. What will happen if I overstay in Canada?
Ans – 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.
Q. What are the roles of the Canadian Border and Services Agency (CBSA)?
Ans – CBSA avails integrated border services that manage how people and goods enter and leaves Canada Port-of-Entry. It ascertains security in Canada.
More so, CBSA’s responsibility is also to evict foreign nationals that breach Canada’s laws and regulations
Q. Do permanent residents get deported from Canada?
Ans – Yes, Canadian permanent residents can also get deported for being convicted of a serious crime.
Besides, he/she will be deprived of Canada’s permanent residency status and will be evicted to their home country.
Q. What is the application fee of Authorization to Return to Canada (ARC)?
Ans – ARC application fee costs a non-refundable payment of 400 Canadian Dollars
Q. How are applications for Authorization to Return to Canada assessed?
Ans – Immigration, Refugees and Citizenship Canada (IRCC) assesses and decides ARC applications on the basis of the following: Your present state of affairs; the period of time when the Removal Order was issued; Reason for deportation; Reason to return to Canada and Chances of recurring attitude.
Q. What are the requirements to apply for ARC?
Ans – In returning to Canada after deportation, you’re required to make provisions for the following: An ARC processing fee of $400; An application form of Canadian Temporary Resident Visa (TRV) that has been duly completed online, and authorized to create a barcode page; 2 passport photos that were taken no further than 6 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.
Q. What happens after a person gets deported from Canada?
Ans – When a foreign national gets deported from Canada, he/she is not allowed to enter Canada for any reason whatsoever.
Moreover, it is a permanent eviction for the person who is coming to Canada.
Hence, you can only gain re-entry if you are approved of an Authorization to Return to Canada (ARC).
Q. When happens if you resist leaving Canada after being issued a Removal Order?
Ans – As soon as you are issued a Removal Order, CBSA expects you to leave Canada without delay.
Hence, if you didn’t attend your removal interview or failed 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’ll be confined in a holding facility prior to your removal. However, an officer will be escort you to the airport, till you board your flight.