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Deportations & Illegal Immigration

Work Permit after Deportation

Q. My brother was deported from Canada last year. He claimed refugee and humanitarian and was refused. He has a job offer. Is there any way he can come back to work? What are the steps to take for him? Thank you

A. A deportation from Canada is a permanent ban. A person can only return with the permission of the Minister commonly referred to as an "ARC" in the immigration industry. ARC stands for an Authority to Return to Canada. ARC's are granted on permanent residency applications (in particular family class cases), where the circumstances justify permission to return. In temporary residency categories it is much more difficult to obtain an ARC. Recently with what I refer to as dual intent programs like a live in caregiver who can obtain permanent residency after being on a work permit for a few years or the Canadian Experience Class there may be change in how ARC's are treated by the department for temporary residents who can become permanent residents.

So if your brother has been offered a position, the employer obtains a Labour Market Opinion (if applicable) and it is a job in a skill set that could lead to landing within Canada there may be a possibility to obtain an ARC. Overseas officers often contact in land enforcement officers that dealt with the deportation process to see for example if your brother was cooperative, if he hid, or did not show up for appointments. This too is factored into the decision making. Good luck!

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