A husband in Brampton is preparing a sponsorship for his wife, who was removed from Canada some years ago, and only then finds out what the word “deportation” means on the paper she signed. Or an adult son wants to visit a sick parent in Peel after leaving Canada under a departure order, and no one in the family can find the certificate that he was supposed to get at the airport. Hypothetical situations like these show why the rule on returning after removal catches so many families. It matters most long after the removal itself is over.
The rule is in section 52 of the Immigration and Refugee Protection Act. If a removal order has been enforced, the foreign national must not return to Canada unless an officer authorizes it or some other prescribed situation applies. That written permission is known as an Authorization to Return to Canada, or ARC. Whether you need one depends largely on which kind of order you received and whether you complied with it.
This article is general information, not legal advice. Fees, forms, and IRCC’s instructions change, so confirm the current details on IRCC’s site before applying, and keep in mind that an ARC is a discretionary decision that no one can promise you.
Start by Identifying the Order
There are three types of removal order. People often use the word “deported” for all three of them, but the differences decide what happens next. Find the actual document if you can, or ask for it through an access to information request.
Departure order. You must leave within 30 days after it becomes enforceable and confirm your departure with the Canada Border Services Agency, which is done by obtaining a Certificate of Departure. If you do that properly, you generally do not need an ARC to return, though you still need any visa or travel authorization you would otherwise require. If you do not leave and confirm your departure within the 30 days, the order becomes a deportation order.
Exclusion order. You need written authorization to return during the one-year period after the order was enforced. If the exclusion order is based on misrepresentation, the period is five years. Once the period ends, the regulations exempt you from the ARC requirement.
Deportation order. You need written authorization to return at any time after the order is enforced. It does not expire, however many years have gone by.
A narrow exception applies to orders based on inadmissibility as an accompanying family member, under paragraph 42(1)(b) of the Act. In some cases, the person is exempt from the ARC requirement. Do not assume that this applies to you without checking the wording of your order.
If you are still in Canada, an ARC is not your immediate issue. The rule applies after an order has been enforced. Someone in Brampton with an unenforced order has different concerns, including appeals, a stay, or a risk assessment.
The Trap in the Departure Order
Many families are surprised to find a departure order has turned into something permanent. A person might have left Canada on time, on their own money, and thought that was all they needed to do. But they did not confirm their departure with CBSA at the port of exit, and so there is no record to show they complied. This can lead to problems, because a departure order that was not properly confirmed within 30 days becomes a deportation order.
If this has happened, the reasons will need to be addressed. IRCC’s instructions say that if your departure order became a deportation order, your ARC letter should explain why you did not leave within the required 30 days.
If you are in Canada right now on a departure order, take this seriously. Contact CBSA in advance to learn where to confirm your departure, and keep a copy of the certificate with your important documents. Someone in Brampton leaving through Pearson should give themselves extra time, as the certificate is not something you can sort out after boarding. If you have already left, and you believe you complied but have no paperwork, gather whatever shows the date you left, such as boarding passes, passport stamps, and entry records in your destination country, and get advice about how to correct the record.
What an Officer Weighs
IRCC says that if the circumstances behind your removal order have not changed, you are less likely to receive permission. An officer may consider:
- The reasons the removal order was issued
- The risk of the same behaviour happening again
- How long ago the order was issued
- Your current situation
- Why you want to enter Canada
That means a successful letter tends to show change and purpose. It may explain, with evidence, what led to the order, why this will not be repeated, and what has happened in your life since. An honest account of an overstay, for example, might point to a stable job abroad, a clean compliance record since you left, and a specific reason for coming, like a family event in Brampton or a sponsored spouse waiting here. If you are applying for permanent residence, the reasons for returning are usually clearer than for a short vacation.
Be direct about any wrongdoing. If you worked without authorization, used a false name, or missed a reporting date, an officer probably already has that information. Minimizing or leaving out those details can damage your credibility and raises the risk of a misrepresentation finding, which can create a new period of inadmissibility.
Support letters from family, employers, or community members can be helpful, provided they say something specific. Medical letters, proof of a relative’s illness, custody documents, and financial records can show why the visit or immigration matters. Keep the letter focused, truthful, and easy to read. It must be in English or French, and typed or printed in black ink. Documents in other languages need a certified translation.
How the Application Is Made
The way you apply depends on your plans. There is not one standalone process for everyone.
Coming as a temporary resident and needing a visa. Apply online for your visitor visa, study permit, or work permit. Include the ARC letter and the proof of fee payment with the other documents. IRCC first looks at whether you qualify for the temporary document, and then it processes the ARC.
Coming as a temporary resident and needing an eTA. Apply online for your eTA, study permit, or work permit. Once IRCC confirms you are eligible, it will ask for the ARC documents.
Visa and eTA exempt. Contact the nearest visa office before you come to Canada.
Applying for permanent residence. Send your ARC documents with your permanent residence application, and pay the fees for both. A sponsored spouse with a past removal is a common example of this.
Every application needs the letter explaining why you should be allowed back, and proof that you paid the ARC processing fee. IRCC returns incomplete or illegible applications without processing them. It will contact you in writing if it wants more documents or an interview.
The Costs: Processing Fee and Removal Costs
There are two different amounts to think about.
The first is the processing fee. Check the current figure on IRCC’s fee list, as it is updated periodically. It is not refundable, whatever the decision, and if you are refused and apply again you pay a new fee.
The second is your removal costs, if CBSA paid for your removal. You must repay those before an ARC is issued. The amount depends on when you were removed, and in more recent cases on the type of removal, such as an escorted air removal or an unescorted one. IRCC says it will tell you the amount when processing starts, and will ask you to pay only if your application is approved. If you were under 18 when the removal order was issued, you are exempt from repaying removal expenses.
An ARC Does Not Fix Everything
An ARC removes one barrier. Any other barrier remains. That is a point families sometimes overlook.
If the removal came after a criminal conviction, you may also be criminally inadmissible, and you may need rehabilitation or a temporary resident permit in addition to an ARC. If you were found to have misrepresented something, the five-year inadmissibility period can be important. Unpaid debts to the government, medical concerns, or an unresolved warrant may also become issues. An officer considering a visa application will also still need to be satisfied that you meet the requirements for that visa, including that you will leave at the end of an authorized stay.
An ARC also does not give you status in Canada, and it does not guarantee your entry. You still have to pass examination at the port of entry. Keep a copy of the approval with you when you travel, and answer any questions honestly.
Sponsors in Brampton should also know that the ARC is decided within the permanent residence file, and the sponsored person still needs to meet the regular rules. A refusal may raise appeal questions. Where a sponsored spouse is refused, there may be appeal rights depending on the circumstances, and those are worth discussing with a lawyer.
If the Order Itself Was Wrong
Most applicants accept that the order stands and try to work around it. Sometimes, though, the order itself may be open to challenge. Section 52(2) of the Act provides that if a removal order with no right of appeal has been enforced and later set aside on judicial review, the foreign national is entitled to return at the Minister’s expense. That route depends on steps generally taken much closer to the decision, because court deadlines are short, so it is not available to most people years afterward.
If you were never told about the order, or you think it was made in error, the file itself is the place to start. A request for your immigration and CBSA records can often reveal what was decided, when, and on what grounds. Do not rely on memory or on what a former consultant told you.
Things Not to Do
Some choices can make your situation much worse:
- Do not try to enter Canada without authorization and hope that no one notices. Biometric checks and records make this risky, and an entry without authorization can create further enforcement problems.
- Do not leave a removal order off a form because it was a long time ago. Application forms ask about this directly.
- Do not use a different spelling of your name or a new passport to get around the record.
- Do not pay anyone who says they can “erase” your removal from the system.
- Do not assume that a citizen spouse’s sponsorship cancels the requirement. It does not.
Getting Your File Together
If you or a family member may need an ARC, begin by collecting the removal order, any Certificate of Departure, travel records, notes from any CBSA contact, court or criminal documents, and earlier immigration applications. Write a plain timeline from first entry to Canada through to the present. If documents are missing, consider an access to information request before you apply, since the record held by the government is what an officer will see.
A family with a straightforward overstay may be able to manage the letter themselves, but a removal linked to criminal charges, misrepresentation, or a past failed claim usually calls for closer legal review. Our temporary residence and permanent residence pages outline the applications that an ARC often accompanies, and you can contact our office if you would like a lawyer to look at your file. Returning after removal is often possible, but it is never automatic, and the outcome depends heavily on how honestly and completely the history is set out.