An Exclusion Order can prevent a person from returning to Canada for a specified period. Whether you need an Authorization to Return to Canada (ARC) depends mainly on when the exclusion order was enforced, why it was issued, and whether you have a Certificate of Departure. For more information please visit exclusion order help in surrey BC
Under current Canadian immigration guidance, an exclusion order generally prevents return for 1 year after it is enforced. If the exclusion order resulted from misrepresentation, the exclusion period is 5 years.
When Is an ARC Required?
You generally need an ARC if:
- You do not have a Certificate of Departure confirming that you left Canada.
- You want to return before the 1-year exclusion period has ended.
- Your exclusion order was based on misrepresentation and you want to return before the applicable 5-year period has ended.
If you have a Certificate of Departure and the applicable exclusion period has already passed, you generally do not need an ARC. You must still satisfy Canada’s normal immigration and admissibility requirements when seeking entry.
What If You Want to Return Early?
If you need to return to Canada during the exclusion period, you can apply for an ARC. IRCC requires a written explanation describing why you should be allowed to return, along with proof that the ARC processing fee was paid.
When assessing an ARC request, officers may consider the reasons for the original removal order, how much time has passed, whether the circumstances have changed, the possibility of repeated non-compliance, and your reason for wanting to return.
An ARC is not automatically granted. If the circumstances that resulted in the removal order have not changed, IRCC indicates that obtaining permission to return is less likely.
ARC vs. Other Immigration Requirements
An ARC does not by itself guarantee admission to Canada. You must still be admissible and obtain the appropriate immigration document, such as a visitor visa, study permit, work permit, or permanent residence approval, depending on your circumstances.
If you have another inadmissibility issue that cannot be resolved, a Temporary Resident Permit (TRP) may sometimes be relevant where there is a compelling reason to enter Canada.
Key Takeaway
Yes, you may need an ARC after an exclusion order—but not in every case. The most important questions are:
- Was the exclusion order actually enforced?
- Do you have a Certificate of Departure?
- When was the order enforced?
- Was it issued because of misrepresentation?
- Are you trying to return before the applicable exclusion period expires?
Because the consequences can depend on the exact removal documents and dates, reviewing the Exclusion Order and Certificate of Departure is important before applying.
