The Authorization to Return (ARC)
An Authorization to Return to Canada (ARC) is an official permission granted by Canadian immigration authorities that allows an individual who has previously been subject to a removal order from Canada to re-enter the country. The issuance of an ARC is contingent upon the type of removal order the individual received and various factors, including the circumstances that led to the order, the potential for recurrence of the behavior that caused the order, the time that has elapsed since the order was issued, the individual’s present situation, and the reasons for wanting to return to Canada. An ARC serves as a legal document enabling the individual to bypass the initial removal order and gain lawful entry into Canada, provided the individual meets the stipulated conditions and complies with the immigration regulations and processes.
Types of Removal Orders
There exist three distinct types of removal orders.
Departure Order
In instances where you have received a Departure Order and have adhered to the following conditions:
- Departed Canada within the stipulated 30-day period
- Verified your departure through interaction with a Canadian immigration officer at the designated exit point
In such cases, an ARC is unnecessary. You are permitted to return to Canada, subject to standard processing at the entry point.
However, if you have left the country without confirming your departure or have exceeded the 30-day timeframe following the issuance of the Departure Order, this order automatically transforms into a Deportation Order. Consequently, an ARC application is imperative (refer to point 3 below).
Exclusion Order
For individuals issued an Exclusion Order, the following conditions apply:
- A period of 12 months has elapsed since your departure from Canada
- Possession of a Certificate of Departure (IMM 0056B), which verifies your departure date from Canada
In such scenarios, an ARC is not obligatory. You are eligible to return to Canada, subject to routine processing at the entry point.
Should your intent involve returning to Canada within a span of fewer than 12 months following the issuance of the Exclusion Order, or if you lack a Certificate of Departure, an ARC application is requisite.
Deportation Order
Individuals subject to a Deportation Order must complete an ARC application for any prospective return to Canada
Who can apply for ARC
The need for an ARC arises when individuals have been outside of Canada for a significant period, and their absence has resulted in the loss of their status. Here are some common scenarios where individuals might need to apply for an ARC:
- Temporary Residents: Individuals with temporary resident status (such as work permit or study permit holders) might need an ARC if they have stayed outside of Canada beyond the validity of their status. Overstaying the authorized period can result in loss of status and potential inadmissibility upon return.
- Criminal Inadmissibility: Individuals who are deemed criminally inadmissible to Canada due to past criminal convictions might require an ARC if they have been outside of the country and their inadmissibility period has not yet expired. Studying Abroad: If you left Canada to pursue education or research opportunities overseas.
Common Reasons for Applying for ARC
Several situations may require individuals to apply for Authorization to Return to Canada (ARC):
- Family Matters: If you were outside Canada due to family emergencies, medical reasons, or to provide care for a loved one.
- Work Commitments: You were required to work abroad temporarily, such as for a specific project or job assignment.
- Studying Abroad: If you left Canada to pursue education or research opportunities overseas.
- Travel Restrictions: If you faced travel restrictions that prevented your timely return to Canada.
- Misunderstanding Rules: You may have inadvertently overstayed your allowed period outside Canada due to a misunderstanding of the rules.
Consequences of Not Applying for an ARC when Required
Failing to apply for an Authorization to Return to Canada (ARC) when required can lead to severe consequences. Without an ARC, you may be denied entry at the border and deemed inadmissible to re-enter the country. This can disrupt your life, affect your personal and professional relationships, and result in significant financial losses. It’s crucial to recognize the importance of ARC and adhere to the application process to ensure a hassle-free return to Canada.
Tips for a Successful ARC Application
To increase the likelihood of a successful Authorization to Return to Canada (ARC) application, consider the following tips:
- Plan Ahead: Start the application process well in advance of your intended return to Canada to avoid delays.
- Provide Comprehensive Documentation: Submit all relevant documentation that supports your case and demonstrates your ties to Canada.
- Be Honest and Accurate: Fill out the application form truthfully and accurately. Any false information could lead to serious consequences.
- Seek Legal Advice: If you’re uncertain about any aspect of the application process, seek legal advice to ensure you’re making informed decisions.
- Follow Instructions: Carefully follow the instructions provided by Canadian immigration authorities to avoid mistakes.
How Titan Law Can Help
Obtaining Authorization to Return to Canada (ARC) is a crucial step for individuals who have been outside the country for an extended period and wish to re-enter. This process involves careful documentation, thorough application completion, and adherence to Canadian immigration regulations. At Titan Law Corporation, we understand the complexities of ARC applications and are here to provide expert guidance to individuals in the British Columbia (BC) and Vancouver area. If you’re considering applying for ARC or have questions about the process, don’t hesitate to reach out to us for a consultation. Your successful return to Canada is our priority, and we’re here to assist you every step of the way.
FAQs
An Authorization to Return to Canada (ARC) is an official document issued by Canadian immigration authorities. It allows individuals who have lost their permanent or temporary resident status due to extended absences to re-enter Canada. Without an ARC, these individuals would be considered inadmissible to return.
An ARC application in Canada refers to the process of applying for Authorization to Return to Canada (ARC). It involves providing evidence of reasons for your absence, demonstrating ties to Canada, and affirming your intent to adhere to Canadian immigration laws upon return. It’s a crucial step for individuals whose absence has caused them to lose their resident status.
Temporary Resident Permit (TRP) and Authorization to Return to Canada (ARC) are distinct documents. A TRP allows an otherwise inadmissible person to enter Canada temporarily, despite not meeting regular entry requirements. An ARC, on the other hand, is specifically for individuals who have lost their status due to extended absences and need permission to re-enter Canada.
When applying for Authorization to Return to Canada (ARC), you need to provide documentation that supports your reasons for absence, demonstrates your ties to Canada, and showcases your intent to comply with Canadian immigration laws upon return. This might include identification, evidence of family, work, or property ties to Canada, and any documents explaining the circumstances of your absence.
The difficulty of obtaining Authorization to Return to Canada (ARC) can vary based on individual circumstances. It depends on factors such as the type of status lost, the reasons for absence, and the strength of ties to Canada. While the process can be intricate, seeking guidance from legal experts and providing comprehensive documentation can enhance the likelihood of a successful application.
