Returning to Canada after being deported can be difficult but not impossible. The level of difficulty may vary, depending on the reason why you were deported. Also figuring out how to come back to Canada after being deported involves a complex legal framework. You will have to convince the immigration officer why they should allow you to re-enter the country despite your previous record. Understanding the steps involved and preparing a compelling case is crucial for anyone looking to re-enter Canada after deportation.
Understanding Removal Orders
In Canada, removal orders are issued by the Canada Border Services Agency (CBSA) or the Immigration and Refugee Board (IRB). They issue it when a non-citizen violates immigration laws. These orders outline the legal requirement for a person to leave Canada. They can be issued for various reasons, such as overstaying a visa, working without proper authorisation, or committing a crime.
There are three main types of removal orders in Canada: departure orders, exclusion orders, and deportation orders. Each type of order has different implications and requirements.
Departure Orders (IMM 5238)
A departure order is the least severe type of removal order. When issued, the person must leave Canada within 30 days. They must also confirm their departure with the CBSA at the border. If they comply with these conditions, there are no long-term consequences for re-entry into Canada.
However, if the person does not leave within 30 days or fails to confirm their departure, the departure order automatically becomes a deportation order, which has more severe consequences. This type of order is often issued to individuals who have overstayed their visas. It may also be issued if a refugee claim is rejected.
Exclusion Orders (IMM 1214B)
Exclusion orders bar a person from re-entering Canada for a specified period, usually one year. However, in some cases, especially if misrepresentation is involved, the exclusion period can be extended to five years. To re-enter Canada before the exclusion period expires, a person must apply for an Authorisation to Return to Canada (ARC). This involves additional scrutiny and costs.
Exclusion orders are commonly issued to individuals who have violated the terms of their stay, such as working without authorisation. It may also be issued to a person found to be inadmissible for reasons that do not warrant deportation, like minor criminal infractions or misrepresentation.
Deportation Orders (IMM 5238B)
A deportation order is the most severe type of removal order and has the most significant implications. It permanently bars an individual from re-entering Canada unless they obtain special permission through an Authorisation to Return to Canada (ARC). Obtaining the ARC is how to come back to Canada after being deported.
Deportation orders are issued in serious cases, such as when a person is convicted of a crime, poses a security threat, or repeatedly violates immigration laws. Unlike departure and exclusion orders, deportation orders are not time-limited. This means the person must apply and be approved for ARC before they can re-enter Canada at any time in the future.
Authorisation to Return to Canada (ARC)
An Authorisation to Return to Canada (ARC) is a special permit required by individuals who have previously been removed from Canada and wish to return. When someone is issued a removal order, such as a deportation or exclusion order, they are barred from re-entering Canada unless they receive permission through an ARC.
This permission acts as a formal approval by Canadian immigration authorities. Hence, allowing a person to enter the country again despite their previous removal.
How to Apply for ARC
Applying for an ARC involves a formal process where the applicant must demonstrate compelling reasons why they should be allowed back into Canada. To start the application, individuals need to submit a complete ARC request along with any required supporting documents to the visa office responsible for their country of residence.
The ARC application cannot be submitted independently. It must be included with another application, such as a Temporary Resident Visa (TRV), study permit, or work permit. This means that an ARC is not issued on its own but as part of the broader process to legally enter Canada.
Processing Time
The ARC Canada processing time can be highly variable. When considering how to come back to Canada after being deported, keep in mind that these factors may affect the processing time:
- Reason for the initial removal (complexity of the case)
- Strength of the application
- How quickly the applicant responds to any requests for additional information
- The workload of the visa office
While there is no guaranteed timeline, applicants should be prepared for a lengthy wait. Processing can take anywhere from a few months to over a year.
Applicants can check their ARC application status online through the Government of Canada’s immigration website. They will use the account they created when applying. Updates might not be immediate, so patience is important as the application undergoes review.
Cost of the Application
The cost of applying for an ARC is CAD 400. This fee is in addition to any other fees associated with the application you are submitting alongside the ARC request. This may be for a visa, work permit, or study permit. The fee is non-refundable, even if the application is denied. So, it’s crucial to ensure that the application is complete and well-prepared before submission.
Documents Required for ARC Application
To apply for an ARC, you need to provide a comprehensive package of documents that demonstrate why you should be allowed to return to Canada. Key documents include:
- Completed ARC Application Form: This form must be filled out accurately, with all questions answered thoroughly.
- Detailed Cover Letter: A letter explaining why you were removed from Canada, what has changed since your removal, and why you should be allowed to return.
- Proof of Identity: A valid passport or travel document to confirm your identity.
- Supporting Documents: Evidence supporting your reasons for returning, such as a job offer, family ties, or documents showing that you have resolved any issues that led to your removal.
- Criminal Record Checks: If applicable, you may need to provide police certificates from any country where you have lived for six months or more since the age of 18.
- Proof of Payment of Fees: Receipt of the CAD 400 ARC fee, alongside fees for any other permits or visas applied for.
- Any Other Relevant Documents: Depending on the specifics of your case, additional documents such as medical exams, proof of rehabilitation, or evidence of compliance with previous removal orders may be required.
Important Considerations
Getting your Authorisation to Return to Canada approved is not guaranteed. Approval depends on the discretion of the immigration officer reviewing the application. So, keep that in mind when planning on how to come back to Canada after being deported.
The officer will consider factors such as the severity of the initial violation and the length of time since removal. They will also consider evidence of rehabilitation, and whether you pose a risk to Canadian society. The application needs to be compelling enough to convince the officer that the reasons for allowing you back into Canada outweigh the reasons you were removed.
Possible Reasons for Deportation from Canada
There are several reasons why a person might be deported. Each reason relates to breaches of legal, security, or regulatory standards set by Canadian immigration authorities. Here are some common reasons for deportation:
Criminal Activity
One of the most common reasons for deportation is involvement in criminal activities. If a non-citizen is convicted of a serious crime, such as assault, fraud, theft, drug trafficking, or any offence that carries a significant penalty, they may be deemed inadmissible and face deportation. Even minor offences can lead to removal if they show a pattern of criminal behaviour.
Violations of Immigration Laws
Immigration violations, such as overstaying a visa, working without proper authorisation, or entering the country illegally, are grounds for deportation. Failure to comply with the conditions of a visa or permit, like attending school on a study permit or maintaining employment on a work permit, can also lead to removal.
Misrepresentation
Another reason people consider how to come back to Canada after being deported is due to misrepresentation. Misrepresentation occurs when an individual provides false information, omits important details, or uses fraudulent documents during their immigration application process. This includes lying about one’s identity, marital status, work experience, criminal history, or other relevant details. Misrepresentation undermines the integrity of the immigration system and often results in a deportation order.
Security Threats
Individuals who pose a threat to national security, such as those involved in terrorism, espionage, or membership in criminal organisations, can be deported. The Canadian government takes a strong stance against any actions that threaten public safety or the country’s security.
Failure to Meet Residency Obligations
Permanent residents of Canada are required to live in the country for at least two years out of every five years. Failure to meet this residency obligation without a valid reason, such as working abroad for a Canadian company or living with a Canadian spouse outside the country, can lead to the loss of permanent resident status and subsequent deportation.
Non-Compliance with Removal Orders
If a person is issued a removal order, such as a departure or exclusion order, and fails to comply by leaving Canada within the specified time, the order can escalate to a deportation order. This non-compliance can make the person subject to immediate arrest and removal.
Fraudulent Marriages or Relationships
Marriage fraud or entering into a relationship solely for immigration purposes can lead to deportation. If Canadian immigration authorities discover that a relationship was not genuine and was intended to circumvent immigration laws, both parties may face legal consequences. This may include deportation of the non-citizen spouse or partner.
Conclusion
This thorough breakdown of how to come back to Canada after being deported shows that it is a lengthy process that demands a thorough understanding of immigration rules and regulations. Successfully coming back requires not only fulfilling legal requirements like obtaining an Authorisation to Return to Canada. It also involves proving that you have made positive changes since your removal. While the process can be daunting, with proper preparation, legal guidance, and a strong application that addresses the reasons for deportation, it is possible to be granted permission to re-enter.
