Receiving a removal order does not always mean that you can never return to Canada. However, it can create a serious legal barrier that must be addressed before you apply for a visa, work permit, study permit, permanent residence, or admission at the Canadian border.
Depending on the type of removal order you received and whether you followed its conditions, you may need an Authorization to Return to Canada, commonly called an ARC.
An ARC is written permission from the Canadian government allowing someone who was previously removed to return. It is not automatically approved, and it does not erase the immigration history that led to the removal. The applicant must explain what happened, why they want to return, and why Canada should allow them to do so.
Understanding the type of order you received is the first step.
Canada Has Three Types of Removal Orders
Canadian immigration law recognizes three main forms of removal order: departure orders, exclusion orders, and deportation orders. Each carries different consequences.
The name of the order should appear on the document you received. However, the current legal effect of that order may depend on what happened after it was issued.
For example, a departure order can automatically become a deportation order if the person does not leave Canada properly within the required period. This is one reason it is important to review both the original document and the records showing how and when the person left.
Departure Orders
A departure order normally requires a person to leave Canada within 30 days after the order becomes enforceable.
Leaving the country is not always enough. The departure must also be properly confirmed with the Canada Border Services Agency. When the process is completed correctly, the person should receive a Certificate of Departure showing when the order was enforced.
A person generally does not need an ARC if both of the following apply:
They left Canada within the required 30-day period.
Their departure was properly confirmed by a border services officer.
The person may later seek to enter Canada through the normal process, although admission is never guaranteed. They must still meet all requirements for a visitor visa, electronic travel authorization, work permit, study permit, permanent residence application, or border examination.
The situation changes if the person did not leave within the required period or did not arrange for CBSA to confirm the departure. In those circumstances, the departure order may become a deportation order.
Once that happens, an ARC will generally be required before the person can return.
Exclusion Orders
An exclusion order prevents a person from returning to Canada for a specified period.
In most cases, the exclusion period is one year from the date the order was enforced. If the exclusion order was issued because of misrepresentation, the period is generally five years.
A person who waits until the applicable exclusion period has ended may not need an ARC, provided they have a Certificate of Departure confirming when they left Canada.
However, they will still need to meet the normal requirements for entering Canada. The earlier immigration violation may also be examined when an officer assesses whether the person is likely to comply with Canadian immigration law in the future.
A person who wants to return before the exclusion period ends must normally apply for an ARC.
For example, someone who received a one-year exclusion order but needs to return after six months for a serious family matter may need to request authorization. The application would need to explain why the early return is justified and why the original immigration concern is unlikely to happen again.
Deportation Orders
A deportation order creates the most serious long-term barrier.
Once a deportation order has been enforced, the person is permanently barred from returning to Canada unless written authorization is granted. There is no automatic expiry date.
This does not mean approval is impossible. It means the applicant must make a persuasive case for why Canada should allow their return despite the previous deportation.
A departure order that was not followed correctly may also become a deportation order. Some people do not realize this until they later apply for a Canadian visa and discover that an ARC is required.
Before submitting any new immigration application, it is important to confirm the exact status of the previous removal order.
What Does an ARC Application Include?
There is no single explanation that works for every ARC application. The request must be tailored to the facts of the case and the reason the person wants to return.
IRCC generally requires a detailed written letter explaining why the applicant should be permitted to return to Canada. The letter should address the original removal, the applicant’s conduct, the reasons for returning, and any changes that have occurred since the order was enforced.
Supporting evidence may include family records, employment documents, medical information, proof of rehabilitation, evidence of compliance with immigration rules in other countries, and documents showing the purpose of the proposed visit or move.
If a departure order became a deportation order because the person did not leave within 30 days, the applicant should clearly explain why they failed to comply.
Avoiding this issue or giving a vague explanation can weaken the request.
What Factors May Affect an ARC Decision?
An ARC is discretionary. This means that meeting the basic document requirements does not guarantee approval.
An officer may consider why the removal order was issued, how much time has passed, whether the person complied with the removal process, and whether there is a risk of future non-compliance.
The officer may also consider the reason the person wants to return. A brief vacation may be viewed differently from returning to reunite with close family, accept a legitimate job, continue education, or become a permanent resident.
Other relevant considerations can include:
- The seriousness of the original immigration violation.
- Whether the applicant paid any required removal costs.
- Whether the applicant has been truthful in later applications.
- The applicant’s conduct since leaving Canada.
- The strength of the applicant’s family, employment, or community ties.
- Whether circumstances have changed since the removal.
The applicant should take responsibility where appropriate without making admissions that are inaccurate or legally unnecessary. The explanation should be honest, carefully organized, and supported by evidence.
An ARC Does Not Resolve Every Inadmissibility Issue
One of the most important points is that an ARC only addresses the barrier created by the removal order.
It does not automatically resolve criminal inadmissibility, misrepresentation findings, security concerns, medical inadmissibility, or other legal problems.
For example, someone who was deported after a criminal conviction may need both an ARC and a separate solution for criminal inadmissibility. Depending on the circumstances, that could involve criminal rehabilitation or a Temporary Resident Permit.
Someone found inadmissible for misrepresentation may still be subject to a separate period of inadmissibility, even if the exclusion period connected to the removal order has ended.
Submitting an ARC without dealing with the underlying issue can lead to another refusal.
Do You Apply for an ARC Separately?
In many cases, the ARC request is submitted as part of another immigration application, such as an application for a visitor visa, work permit, study permit, or permanent residence.
An officer may identify the ARC requirement while reviewing the main application and request the applicable fee and supporting documents.
However, applicants should not assume that IRCC will simply tell them what to do. Where a previous removal order is known, it is often better to address it directly and provide the necessary explanation and evidence from the beginning.
Failing to disclose the order can raise credibility concerns and may create a separate misrepresentation problem.
What If Canada Paid for Your Removal?
Some people are removed from Canada at the government’s expense. If this happened, they may be required to repay the removal costs before an ARC can be approved.
The amount can depend on how the removal was carried out, including whether it was escorted or unescorted.
IRCC may advise the applicant of the amount after processing begins. Repaying the expense does not guarantee approval, but approval may not be finalized until the required amount is paid.
People who were under 18 when the removal order was issued may be exempt from repaying removal expenses.
Can You Appeal a Removal Order Instead?
An ARC is generally relevant after a removal order has already been enforced and the person wants to return.
Before removal, other legal options may be available. Depending on the person’s status and circumstances, these may include a removal order appeal, an application for a stay of removal, judicial review, a pre-removal risk assessment, or an application based on humanitarian and compassionate considerations.
These remedies have different eligibility rules and strict deadlines. A humanitarian and compassionate application by itself does not automatically stop removal.
Anyone facing an active removal process should obtain legal advice immediately rather than assuming an ARC can fix the matter later.
Common ARC Application Mistakes
One common mistake is applying without confirming the type of removal order. Another is assuming that an exclusion order or departure order automatically expired without checking whether the departure was properly recorded.
Applicants may also provide an explanation that focuses only on why they want to return while failing to address why they were removed.
Other mistakes include failing to disclose the full immigration history, ignoring unpaid removal costs, submitting inconsistent dates, and overlooking separate inadmissibility concerns.
A strong ARC request should explain the past, document the present, and show why future compliance can reasonably be expected.
How Hummel Law Can Help
Returning to Canada after a removal order requires more than completing a form. The right strategy depends on the type of order, whether it was enforced properly, the reason for removal, the purpose of returning, and whether other inadmissibility issues remain.
Hummel Law assists clients with Authorization to Return to Canada applications, removal order appeals, stays of removal, judicial review, Temporary Resident Permits, criminal rehabilitation, procedural fairness responses, and other inadmissibility matters.
We can review your immigration history, determine whether an ARC is required, identify additional legal barriers, and prepare a detailed application supported by the right evidence.
If you received a removal order and want to visit, work, study, reunite with family, or pursue permanent residence in Canada, contact Hummel Law for a confidential consultation. Acting before you submit a new application can help you avoid another refusal and give you a clearer path toward returning to Canada.
Frequently Asked Questions
1. Can I return to Canada after receiving a removal order?
Possibly. Your ability to return depends on the type of removal order, whether you complied with it, how your departure was recorded, and whether other inadmissibility issues remain. Some people can apply through the regular immigration process, while others require an Authorization to Return to Canada.
2. When is an Authorization to Return to Canada required?
An ARC is generally required after an enforced deportation order. It may also be necessary if a departure order became a deportation order because the person did not leave within 30 days or failed to have their departure confirmed. Someone with an exclusion order usually needs an ARC only if they want to return before the exclusion period ends.
3. Can I return after an exclusion order expires without applying for an ARC?
You may not require an ARC once the applicable exclusion period has ended, provided your departure was properly confirmed and you have a Certificate of Departure. However, you must still qualify for the visa, permit, or immigration status you are seeking, and entry to Canada is not guaranteed.
4. Does an ARC resolve criminal or other forms of inadmissibility?
No. An ARC only addresses the barrier created by the removal order. Criminal inadmissibility, misrepresentation, medical inadmissibility, security concerns, and other immigration issues may require separate legal solutions, such as criminal rehabilitation or a Temporary Resident Permit.
5. What evidence can strengthen an ARC application?
Helpful evidence may include a detailed explanation of the circumstances surrounding the removal, proof of compliance with immigration laws since leaving Canada, family or employment records, medical documents, evidence of rehabilitation, and documents supporting the reason for returning. The application should also address any unpaid removal costs and demonstrate why future compliance can reasonably be expected.
