Deported From Canada? How to Return Legally

Can I Return when Deported From Canada?

When a person breaches the Immigration and Refugee Protection Act, they can be deported from Canada. There are several ways one can be deported from Canada, including committing crimes or overstaying visas and being caught. Deported From Canada

The Canada Border Services Agency is responsible for removing people from Canada who have been issued a removal order.

There are three different kinds of removal orders:

Deportation order: If a deportation is issued, the person is banned from Canada permanently. If someone is deported from Canada, they are not allowed to come back to Canada unless they have written permission from the Canada Border Services Agency.

Exclusion order: An exclusion order prevents someone from coming back to Canada within one year – but if the exclusion order was issued because of misrepresentation that time limit is increased to two years.

Departure order: If a departure order is issued, a person must leave Canada within 30 days.

However, removal orders can be appealed to prevent or delay someone being deported from Canada.

Appealing removal orders may be the only way to prevent being deported from Canada – but you cannot wait. When someone is facing deportation from Canada, time is the enemy and you should contact an immigration professional immediately.

But if you are removed from Canada, there are options.

You can apply for an Authorization to Return to Canada (ARC). An ARC is an application made to the Canadian Embassy in your region that, if approved, will allow you to return to Canada despite your deportation order. ARCs are not easy to get and you need compelling reasons to get approved. They can take many months for processing.

The best strategy is to not get deported in the first place. If you are facing removal you should act fast before its too late.

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Any information provided here does not constitute legal advise and is intended for general information only. Should you require legal advise, you are encouraged to contact a lawyer directly. All blog postings are public and are not subject to solicitor/client confidentially. Case results depend on a variety of factors unique to each case, and case results do not guarantee or predict a similar result in any further case undertaken by the lawyer.

Tags: deportation from canada Deportation Order deported from canada Exclusion Order Immigration Appeals Order for Departure Removal Orders

About Michael Niren

Michael is a graduate of Osgoode Hall Law School in Toronto. He is a member of the Law Society of Upper Canada, the Canadian Bar Association’s Citizenship and Immigration Section and the American Bar Association. He is frequently called upon to appear in the media to discuss Canadian and US immigration issues effecting North Americans. He has been interviewed by Canada AM, CTV, Canada News Net, the Globe and Mail and the Toronto Star and has given lectures on immigration topics overseas.

62 Responses to “Deported From Canada? How to Return Legally”

  1. Michael Niren March 25, 2013 9:49 pm
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    Hello Roshan

    You will indeed have to apply for an ARC with your SW application. I do not know if CIC will approve it. You have to make a case for approval and it is up to them to decide if your case is strong enough. For people who have an immigration history and were deported in the past, it’s best to seek professional assistance.
    Regards
    Michael Niren

  2. Michael Niren March 25, 2013 9:53 pm
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    Hello Farhan

    Your friend’s wife will have to apply for an ARC to return to Canada. If her husband is a PR or Canadian he can sponsor her but she will still need an ARC.
    Regards
    Michael

  3. Michael Niren March 25, 2013 9:55 pm
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    Hello Nilan

    You can apply for an ARC in this case but it’s hard to predict if your case will be approved. ARCs are difficult cases usually. Seek professional assistance
    Regards
    Michael

  4. Michael Niren March 31, 2013 9:30 am
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    Hello Hanlye

    Thank you for your question.

    You may be able to qualify for Canadian immigration if you fit into one of the categories. You may also have to apply for an Authorization to Return to Canada (ARC) given your deportation in 2010. The big challenge here is to have you qualify for Canada immigration in the first place. You should get a professional assessment for this.
    Regards
    Michael

  5. Khalid April 9, 2013 1:17 pm
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    My friend was deported from Canada and inadmissible in Canada for one year. He had illegally entered Canada from USA. He had legal status in USA at the time on entry in Canada. His Canadian wife had sponsored him under family to immigrate to Canada.
    He still has a visa to go to USA. I have two questions.
    Can he enter USA from his country and remain in USA without any problems until his visa is valid?
    Can his wife re-sponsor him for family immigration in Canada?

  6. Michael Niren April 14, 2013 4:32 pm
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    Hello Khalid

    Assuming your friend has a valid visa and no inadmissibility issues, mostly likely he could enter the US. He wife may be able to re-sponsor him but may have to apply for an Authorization to Return to Canada (ARC) as part of the application due to his previous immigration history. A complicated case.

    Best
    Michael

  7. Jose perez April 17, 2013 2:10 pm
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    I gonna be deport froom canada, what can i do?

  8. Michael Niren April 17, 2013 7:14 pm
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    Hello Jose

    If you are going to be deported you should call a lawyer right away for assistance.

    Best
    Michael

  9. Michael Niren April 20, 2013 8:12 am
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    Hello Kaspah

    Thank you for your question. You may be eligible under the Humanitarian and Compassionate (H&C) Category given that you have made a life for yourself in Canada. Your situation is indeed precarious so I would seek legal assistance right away. If you get married you have to do so for genuine reasons not for immigration purposes. Being sponsored by a Canadian citizen can help your case but we have successfully processed many H&Cs for single people.

    Best
    Michael

  10. Michael Niren April 25, 2013 6:14 pm
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    Hi All. Just to let you know that we are now accepting online appointment bookings. This means that you if wish to speak with us about your case, you can book an appointment securely online.

    Just go to http://www.visaplace.com/book-appointment-online

    Best
    Michael Niren

  11. Angel May 2, 2013 2:26 am
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    hello my name is Angel, and I have been deported from Canada because of my criminal history,.aggravated assault being the worst.my question is can I ever come back to Canada? I am putting in for a pardon and am hiring a much better lawyer,because that’s what I have been advised to do.i have family in Canada and they are all citizens.please respond me asap.thanks.

  12. Michael Niren May 2, 2013 7:12 am
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    Hello Angel

    In order for you to return to Canada you would need to apply for an Authorization to Return to Canada (ARC). A good lawyer could assist you with this case. I assume your charges were in Canada in which case you would also need a Pardon.
    Best
    Michael Niren

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