Authorization to Return to Canada (ARC)

Overview

The Authorization to Return to Canada (ARC) is a mandatory application for any individual who has been subject to a removal order from Canada and intends to re-enter the country. A removal order legally prohibits an individual from returning to Canada for a specified period, or indefinitely in certain cases, unless an ARC is granted. The purpose of the ARC is to allow Canadian immigration authorities to assess the circumstances that led to the original removal, evaluate any changes in the applicant's situation, and determine whether their return would be contrary to Canada's immigration laws and policies.

How it works

The ARC application process involves submitting a detailed request to Immigration, Refugees and Citizenship Canada (IRCC) or the Canada Border Services Agency (CBSA), depending on the specific circumstances of the removal order. Applicants must provide comprehensive documentation and a compelling justification for why they should be allowed to return to Canada. This includes addressing the reasons for the original removal, demonstrating rehabilitation or changes in circumstances, and outlining their purpose for returning. Each application is reviewed on a case-by-case basis, considering factors such as the severity of the original infraction, the length of time since the removal, the applicant's current ties to Canada, and potential risks to Canadian society.

Who it's for

The ARC is specifically for individuals who have been issued any type of removal order from Canada (Departure Order, Exclusion Order, or Deportation Order) and now wish to re-enter. This includes those who may be eligible for a temporary resident visa, study permit, work permit, or permanent residence but are inadmissible due to a previous removal order. It is crucial for anyone in this situation to apply for and obtain an ARC before attempting to travel to Canada, as attempting to enter without one will result in refusal of entry and potential further immigration consequences.

Eligibility for an Authorization to Return to Canada (ARC) is not based on a set of rigid criteria, but rather on a holistic assessment of various factors related to the original removal order and the applicant's current situation. The onus is on the applicant to convince an immigration officer that they should be permitted to return to Canada.

Key considerations for eligibility and a successful application typically include:

• Type and Severity of Original Removal Order: The nature of the removal order (Departure, Exclusion, or Deportation) and the reasons for its issuance are paramount. More serious infractions, such as those related to criminality, misrepresentation, or national security, will require a much stronger justification for return.
• Compliance with Previous Removal: Applicants who fully complied with the terms of their original removal order (e.g., departed by the specified date) may be viewed more favourably.
• Time Elapsed Since Removal: A significant period of time having passed since the removal can be a positive factor, demonstrating a period of compliance and rehabilitation outside of Canada.
• Reasons for Seeking to Return: A clear, compelling, and legitimate reason for wishing to return to Canada must be provided. This could include family reunification, employment opportunities, study, or other significant ties.
• Changes in Circumstances: Any significant changes in the applicant's personal circumstances, legal status in another country, or the circumstances that led to the original removal should be highlighted.
• Evidence of Rehabilitation: For individuals removed due to criminal inadmissibility, evidence of rehabilitation (e.g., completion of sentence, demonstration of good conduct, community involvement) is crucial.
• Risk to Canadian Society: The applicant must demonstrate that their return would not pose a risk to public health, public safety, or national security.
• Ties to Canada and Home Country: Strong family or economic ties to Canada may be relevant, as well as a stable situation in their country of origin.

There is no guarantee of an ARC being granted, and each application is decided on its individual merits. It is important to address all aspects of the original removal and present a clear, persuasive case for re-entry.

The specific documents required for an Authorization to Return to Canada (ARC) application can vary significantly based on the individual's circumstances and the reasons for their original removal. However, a comprehensive application typically includes:

• Application Form: The IMM 0008 Generic Application Form for Canada (for individuals applying from outside Canada) or other relevant forms depending on the associated application (e.g., visitor visa, work permit, study permit).
• Personal Identification: Valid passport copies, birth certificate, national identity cards.
• Proof of Previous Removal Order: Copies of any documents related to the original removal order, such as the Departure Order, Exclusion Order, or Deportation Order.
• Detailed Letter of Explanation: A comprehensive letter from the applicant explaining the circumstances of their original removal, why they believe the ARC should be granted, their reasons for wanting to return to Canada, and any changes in their situation since the removal. This is arguably the most critical document.
• Evidence of Rehabilitation (if applicable): For criminal inadmissibility, this could include court documents, police clearances from all countries of residence since the removal, probation completion certificates, letters of reference, and evidence of community involvement or counselling.
• Supporting Documents for Reasons to Return: Documents supporting the applicant's stated purpose for returning to Canada (e.g., job offer, letter of acceptance from a Canadian educational institution, marriage certificate if family reunification is the goal, letters of support from family in Canada).
• Proof of Financial Support: Evidence that the applicant can support themselves and any accompanying family members during their stay in Canada.
• Travel History: Entry and exit stamps from other countries, past visas.
• Other documents: Depending on the specifics, additional documents may be requested by the processing officer.

The application process for an Authorization to Return to Canada (ARC) is highly individualized but generally follows these steps:

1. Determine if an ARC is Required: Verify the type of removal order issued (Departure, Exclusion, or Deportation) and if the ban period associated with it is still active. If inadmissibility persists, an ARC will be needed.
2. Gather Relevant Documentation: Collect all necessary personal documents, copies of the original removal order, and any supporting evidence specific to the reasons for removal and the justification for returning. This includes the crucial letter of explanation and, if applicable, evidence of rehabilitation.
3. Complete Associated Application (if any): If the intent to return is for a specific purpose (e.g., visitor, student, worker, permanent resident), the ARC application must typically be submitted with that associated application. The ARC request itself is often included as part of the

An Authorization to Return to Canada (ARC) solely addresses the inadmissibility of the principal applicant who was subject to a removal order. It does not automatically extend to family members. However, if the principal applicant is granted an ARC and then successfully applies for a temporary or permanent residence program that includes family members, those family members would be assessed under the regular eligibility criteria of that specific program.

It is important to note that if any accompanying family member also has their own inadmissibility issues (e.g., a separate removal order, criminal record), they would need to address their own inadmissibility independently, possibly requiring their own ARC or other admissibility waivers. The successful ARC application of one family member does not negate the inadmissibility of another.

An Authorization to Return to Canada (ARC) itself does not grant work rights in Canada. It removes the inadmissibility caused by a previous removal order, thereby allowing the individual to apply for entry to Canada. Once an ARC is granted, the individual must then separately apply for and be approved for a Canadian work permit if they intend to work in Canada. Eligibility for a work permit will depend on meeting the specific criteria of the chosen work permit stream (e.g., LMIA-exempt, LMIA-required, International Mobility Program) and having a valid job offer, if applicable. Without an approved work permit, even with an ARC, an individual is not authorized to work in Canada.

An Authorization to Return to Canada (ARC) is not a direct pathway to permanent residence. Instead, it is a crucial prerequisite for individuals who wish to apply for any temporary or permanent residence program after having been subject to a removal order. If an individual has been removed from Canada, they are inadmissible, and any application for permanent residence (e.g., through Express Entry, Provincial Nominee Programs, or Family Sponsorship) will be refused until an ARC is granted.

Therefore, the ARC removes the barrier of previous inadmissibility, allowing the individual to then pursue an application for permanent residence through the appropriate immigration stream for which they qualify. It is an essential step on the permanent residence journey for anyone with a prior removal order, but it does not, by itself, confer permanent resident status.

Applications for an Authorization to Return to Canada (ARC) can be refused for various reasons, often stemming from insufficient justification or ongoing concerns about the applicant's admissibility. Common refusal reasons include:

• Insufficient Justification: The applicant failed to provide a compelling reason why they should be allowed to return to Canada, or why the negative factors that led to the original removal have been mitigated.
• Lack of Rehabilitation Evidence: For cases involving criminality or serious past misconduct, insufficient proof of rehabilitation or a continuing perception of risk by the immigration officer.
• Failure to Address Original Removal Reasons: The application does not adequately explain or address the circumstances that led to the initial removal order.
• Ongoing Inadmissibility: Despite the ARC request, the applicant may still be inadmissible on other grounds (e.g., new criminal charges, misrepresentation on the current application, health grounds).
• Risk to Canadian Society: The immigration officer may still conclude that the applicant poses a risk to public health, public safety, or national security if allowed to return.
• Incomplete Application: Missing documents or information can lead to refusal or significant delays.
• Misrepresentation: Providing false or misleading information in the ARC application itself will almost certainly lead to a refusal and a ban for misrepresentation.