How To Get Back to 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.
The Canada Border Services Agency is responsible for removing people from Canada who have been issued a removal order.
Removal Order from Canada
If you have been refused entry to Canada at a port of entry (POE – border crossing, international airport or seaport), you may need to take certain steps in order to gain admittance to Canada again. There are several reasons an individual can be refused entry to Canada, including criminal admissability, medical issues, violations of the Immigration and Refugee Protection Act (IRPA), error or other. Generally, immigration authorities disclose the reason for entry refusal before turning someone away from Canada. For those who are unsure as to why they were denied entry to Canada, a qualified Canadian immigration lawyer can order and assess the notes that accompany your file. The Global Case Management System (GCMS) is a government database that preserves only the kind of personal information necessary to process individuals seeking to enter Canada, either temporarily or permanently.
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.
Approval of Re-Entry to Canada
Now, being approved is not easy. It really depends on the reasons for your deportation. If you, for example, were an overstay and you stayed in Canada illegally for many years, or you have a criminal record, the government has to be satisfied that you’re still deserving of returning back to Canada despite the fact that you had an immigration history or you had a criminal record.
A separate application that has to be made, and you have to make a very compelling case to convince an immigration officer to say yes, despite the fact that you were deported, you are deserving to return back. This is not always easy to do. It can take many months and you have to prepare a strong case. So
generally speaking, if you are deported, if you were removed from Canada, there is a way to return.
Authorization to Return to Canada (ARC)
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.
President & CEO
Michael Niren
Mr. Niren is CEO of VisaPlace LLC and the President and Managing Partner of VisaPlace Legal Canada, an immigration law firm based in Toronto, and VisaPlace Legal US a law firm registered in The District of Columbia, USA. Mr. Niren is a graduate of Osgoode Hall Law School in Toronto, a member of the Law Society of Upper Canada, the Canadian Bar Association’s Citizenship and Immigration Section, American Lawyers Association, and an Associate Member of the American Bar Association.
