September 21, 2015

Can I Return to Canada if Previously Removed?

Posted by admin - Bellissimo Law Group PC

If someone was previously removed from Canada, they may be able to return by applying for and receiving authorization to return to Canada (ARC). Merely meeting eligibility requirements for the issuance of a visa is not sufficient to grant an ARC. An applicant must demonstrate that they have compelling reasons to return to Canada and these will be weighed against the circumstances that necessitated the issuance of a removal order.

Whether an ARC is necessary depends on the type of removal order that was issued. Removal orders and the need for an ARC are explained in this post here!

When an Immigration Officer assesses an ARC application, they will consider the applicant’s previous history with Citizenship and Immigration Canada (CIC) as well as their current situation, including the reason why they now wish to enter Canada.

When considering previous history with CIC, some factors that are considered include:

  • the reasons for the removal order;
  • the applicant’s history of cooperation with CIC such as previous immigration warrants, failure to appear for any hearing or removal, payment of removal costs, etc;
  • the possibility that the behaviour that caused the order to be issued will be repeated; and
  • the length of time since the order was issued.

In assessing the reasons for the applicant’s request to return to Canada, the Officer will consider whether:

  • compelling or exceptional circumstances exist to warrant re-entry (e.g., family ties, job qualifications, economic contribution, or temporary attendance at an event);
  • alternative options are available that would not require the applicant to return to Canada;
  • there are children directly implicated in the application whose best interests should be considered;
  • tangible or intangible benefits may accrue to Canada or the person concerned;
  • the applicant can support himself or herself financially;

An ARC can be granted for return to Canada as a permanent resident, for a one-time visit, or for occasional entries for a specified purpose (e.g., medical treatments, work-related activities, or funeral of a family member) over a prescribed period. However, no one factor alone will automatically override concerns related to the safety of Canadians and the security of Canadian society.

Repayment of Removal Costs

Anyone who was removed from Canada at public expense, not just those who were deported, must reimburse the removal expenses before returning to Canada. If a person was removed to the U.S. or St.-Pierre-et-Miquelon, the person must repay costs incurred for removal in the amount of CAN$750. For any other destination, the amount to be repaid is CAN$1,500.

What is the difference between Authorization to Return to Canada and a Temporary Resident Permit?

An ARC is issued to overcome a removal order. However, if someone is found to be inadmissible to Canada on grounds other than those cited in the removal order (i.e., medical, criminality, security), they must apply for and obtain a temporary resident permit (TRP). In cases of criminal inadmissibility, a rehabilitation decision (where the applicant is deemed to have been rehabilitated) or a pardon (a foreign pardon or one issued by the National Parole Board) will also be necessary. A TRP does not overcome the need for an ARC.

For more information on removal orders, please click here.