Yes, you may be able to return to Canada after deportation, but most people require an Authorization to Return to Canada (ARC). Whether you need one depends on the type of removal order you received and the reason for your deportation.
Being asked to leave Canada can be one of the most devastating experiences you and your family will face. The uncertainty of separation from loved ones, disrupted careers, and an unclear future creates overwhelming stress. Without proper legal guidance, you risk making costly mistakes that could permanently bar your return to Canada or significantly delay your reunion with family.
At Kingwell Immigration Law, we understand the complexities of Canadian immigration law and have successfully helped clients navigate the path back to Canada after deportation. Our experienced team provides the expertise and support you need during this challenging time.
Our immigration lawyer in Toronto has extensive experience helping clients successfully return to Canada after deportation.
Understanding the type of removal order you received is vital for determining your path back to Canada. The three types of removal orders have different requirements and consequences:
According to the Immigration and Refugee Protection Act, these orders are enforced by Immigration, Refugees and Citizenship Canada (IRCC) and the Canada Border Services Agency (CBSA). Recent CBSA statistics show that thousands of removal orders are issued annually, with departure orders comprising the majority of cases.
| Type of Order | Time Limit | Return Eligibility | ARC Required? |
|---|---|---|---|
| Departure Order | 30 days to leave | Can return if complied | Only if non-compliant |
| Exclusion Order | Banned 1-5 years | After waiting period | If returning early |
| Deportation Order | Permanent ban | Never without permission | Always required |
📌 Understanding the broader context of Canada deportation procedures helps explain why immediate action is essential when facing any removal order.
When you receive a departure order, you have exactly 30 days to leave Canada and must confirm your departure with a CBSA officer at your port of exit. This confirmation is not optional – it’s a legal requirement that protects your future immigration options. If you’re facing this situation and need immediate help, learning how to stop a removal order in Canada might provide alternative options.
If you don’t leave within the specified timeframe or fail to confirm your departure, your departure order automatically becomes a deportation order. This transformation happens by operation of law, meaning no additional hearing or decision is required. Once this occurs, you face a permanent ban from Canada and must go through the much more complex and uncertain ARC application process.
⚠️ The legal consequences extend beyond just the removal itself. A deportation order on your record affects all future visa applications, sponsorship eligibility, and your overall immigration history. Understanding these stakes is why immediate compliance with any removal order is essential for preserving your options to return to Canada in the future.
An Authorization to Return to Canada (ARC) is a formal written permission required to overcome a removal order and apply to re-enter Canada. This document doesn’t guarantee entry but provides legal authorization to submit visa or permit applications.
At Kingwell Immigration Law, we have successfully obtained ARCs for clients facing various types of inadmissibility, including criminal convictions, immigration violations, and complex family situations. Our comprehensive approach to each case ensures we identify the best possible pathway for your specific situation.
The need for an ARC depends on your specific removal order and whether you complied with its requirements:
✔️ For detailed information about the complete Authorization to Return to Canada process and requirements, our firm provides comprehensive guidance tailored to your circumstances.
The ARC application process involves several critical steps that must be completed correctly to maximize your chances of approval:
The IRCC official ARC application page provides detailed forms and requirements, but navigating this process without experienced legal help often leads to refusals.
| Document Type | Purpose | Requirements |
|---|---|---|
| Personal Statement | Explain reasons for return | Detailed, honest, compelling |
| Evidence of Rehabilitation | Show you’ve addressed removal reasons | Certificates, testimonials, proof |
| Family Documentation | Demonstrate Canadian ties | Marriage certificates, birth certificates |
| Financial Support | Prove you won’t be a burden | Bank statements, job offers |
| Travel Documents | Valid passport for application | Current, valid for travel |
📌 Immigration officers evaluate ARC applications based on a careful balance between your compelling reasons to return and any potential risk you might pose to Canadian society.
The primary consideration is whether you present compelling reasons for your return to Canada that outweigh the circumstances that led to your original removal. Officers look for evidence that you’ve addressed the underlying issues that caused your inadmissibility, whether through rehabilitation programs, time passage, or changed circumstances.
Risk assessment plays an equally important role in the decision-making process. Officers evaluate whether you pose minimal risk to Canadians and Canadian society, considering factors like your criminal history, compliance with previous immigration requirements, and likelihood of future violations.
Strong family ties, employment opportunities, and community connections in Canada can significantly strengthen your application.
The amount of time that has passed since your removal also influences the decision. While there’s no mandatory waiting period for ARC applications, demonstrating a pattern of lawful behaviour and positive life changes over several years generally improves your prospects for approval.
Contact our experienced immigration lawyers in London, Ontario today for a comprehensive consultation about your deportation case.
Criminal inadmissibility cases require additional steps before you can submit an ARC application successfully. You must first resolve your criminal inadmissibility through rehabilitation or other available programmes.
Understanding what crimes can get you deported from Canada helps clarify the relationship between criminal convictions and removal orders.
Criminal rehabilitation addresses past criminal convictions that make you inadmissible to Canada. There are two main types:
Other key points to understand:
The Criminal Code of Canada definitions determine which offences require rehabilitation. Non-serious criminal offences may have different requirements than severe criminal convictions.
💡 Example: Someone with a DUI conviction may be deemed rehabilitated after 10 years, while a person with a serious conviction like aggravated assault would need to apply for individual rehabilitation regardless of how much time has passed.
The total cost of returning to Canada after deportation extends far beyond the basic ARC application fee and can vary significantly based on your specific circumstances.
The mandatory ARC application fee is $479.75, but this represents only a small portion of your total expenses. Legal representation typically costs several thousand dollars, depending on case complexity, while document preparation, translations, and obtaining required certificates can add hundreds more to your budget.
If the Canadian government paid for your original removal from Canada, you must repay these costs before becoming eligible for an ARC. These removal costs can range from hundreds to thousands of dollars, depending on your destination country and travel circumstances.
Additional expenses include new passport fees, medical examinations if required, and travel costs for attending interviews or submitting biometrics.
Realistic timelines for the entire process typically range from 12-24 months or longer. ARC processing alone can take 6-12 months, followed by additional time for visa or permit applications once approved. Criminal rehabilitation cases often require an additional year or more before you can even submit your ARC application, making early legal consultation key for understanding your complete timeline and options.
| Cost Category | Estimated Range | Notes |
|---|---|---|
| ARC Application Fee | $479.95 CAD | Non-refundable government fee |
| Legal Representation | $3,000-$8,000 CAD | Varies by case complexity |
| Document Preparation | $200-$800 CAD | Translations, certifications |
| Removal Cost Repayment | $500-$3,000 CAD | If government paid for removal |
| Additional Applications | $300-$1,500 CAD | Visa, permit, or rehabilitation fees |
When an ARC application isn’t feasible or has been refused, several alternative options may help you enter Canada:
At Kingwell Immigration Law, we explore every available option for our clients, including innovative legal strategies that other firms might overlook. Our comprehensive approach ensures we identify the best possible pathway for your specific situation.
Deportation creates profound impacts on families that extend far beyond the removed individual, affecting Canadian spouses, children, and other relatives in complex ways.
Canadian citizen spouses face difficult choices about whether to remain in Canada or relocate to maintain family unity. Children with Canadian citizenship may struggle with identity issues, educational disruption, and emotional trauma from family separation. The removed parent’s absence can create financial hardship and single-parent challenges for the remaining family members.
Family sponsorship becomes significantly more complicated when one spouse has been deported. The Canadian sponsor must demonstrate exceptional circumstances to overcome the usual requirements, and processing times are typically much longer. Maintaining relationships across international borders involves substantial costs for travel, communication, and potentially maintaining two households.
Children’s citizenship considerations add another layer of complexity. While Canadian-born children retain their citizenship regardless of their parents’ deportation, questions arise about their ability to sponsor the deported parent in the future and whether prolonged absence from Canada might affect their own status or ties to the country.
Understanding can a Canadian citizen be deported from Canada helps families understand the different rules that apply based on status.
For personalised legal advice, speak with an immigration lawyer in Markham today to explore your options.
Understanding these common violations can help you avoid situations that could result in removal from Canada:
⚖️ The Immigration and Refugee Protection Act sections 40-42 outline these inadmissibility grounds in detail, emphasizing the importance of understanding your obligations under Canadian immigration law.
Recent policy updates have significantly impacted both removal processes and return applications, making it key to work with lawyers who stay current with these changes.
COVID-19 created substantial disruptions to removal operations, with many deportations suspended or delayed due to travel restrictions and border closures. As international travel normalized, CBSA resumed active removals with updated health protocols and modified procedures that affect timing and documentation requirements.
Processing changes at IRCC have altered ARC application timelines and requirements. New digital submission options have streamlined some aspects of the process, while enhanced security screening has extended processing times for certain types of cases. These changes particularly affect applicants from specific countries or those with complex criminal histories.
Recent Federal Court decisions have also influenced how immigration officers assess ARC applications, particularly regarding the weight given to family ties versus public safety concerns.
The complexity of deportation and return cases makes professional legal representation essential for maximizing your chances of success. Acting quickly preserves your options and prevents costly mistakes that could permanently affect your future in Canada.
Immediate legal consultation is important in several key situations:
✔️ Our firm successfully helped a family of permanent residents from Iran remain in Canada after appealing to the Immigration Appeal Division, explaining how Canada would benefit from their professional experience and the hardship they would face in Iran.
Our comprehensive consultation process begins with a detailed assessment of your complete immigration history, current circumstances, and goals for returning to Canada. We review all relevant documents, including removal orders, criminal records, family documentation, and previous immigration applications, to understand your full legal picture.
During strategy development, we identify all available options for your specific situation, explain the realistic timelines and costs involved, and develop a customized plan that maximizes your chances of success. We believe in setting realistic expectations while exploring every possible avenue for achieving your immigration goals.
Our next steps planning includes prioritizing immediate actions, establishing timelines for application preparation, and coordinating any required preliminary steps like criminal rehabilitation. We maintain regular communication throughout the process and provide ongoing updates as your case progresses through the system.
Consultations are available to discuss your specific circumstances and develop an effective strategy for your case.
If you are facing deportation or inadmissibility issues, reach out today. Call us at 416.988.8853 or use our contact form to connect with our team and protect your future in Canada.
No, you cannot enter Canada while your ARC application is pending unless you also receive approval for a Temporary Resident Permit. The ARC application process does not provide any temporary entry rights, and attempting to enter Canada without proper authorization could result in additional penalties and negatively impact your pending application.
If your ARC application is refused, you can reapply after addressing the reasons for refusal, but there’s no formal appeal process for ARC decisions. You may be able to seek judicial review at the Federal Court in some circumstances, or submit a new application with stronger evidence and compelling reasons after sufficient time has passed.
While not legally required, hiring a Canadian immigration lawyer provides significant advantages, including local knowledge, direct communication with government offices, and an understanding of current policies and procedures. Many lawyers can represent clients internationally through secure communication and document-sharing systems.
There’s no mandatory waiting period for ARC applications, but immigration officers consider the time elapsed since removal as a factor in their decision. Most successful applications demonstrate several years of rehabilitation and positive life changes, though urgent family circumstances might justify earlier applications in exceptional cases.
Your deportation doesn’t directly affect your children’s Canadian citizenship, but it may complicate future sponsorship applications depending on their age and circumstances when they become eligible to sponsor. Adult children who are Canadian citizens can potentially sponsor parents, but must meet income requirements and demonstrate that the sponsorship won’t create undue hardship.
