Authorization to Return to Canada
Under subsection A52(1), a foreign national must obtain a written ARC after the enforcement of any of the following removal orders:
- A deportation order (lifetime ban from returning to Canada) [R226]
- A departure order that becomes a deportation order (lifetime ban from returning to Canada) [R224(2)]
- An exclusion order:
- One-year ban [R225(1)].
- Two-year ban [R225(3)].
Before an application for an ARC can be considered, the removal order must first be enforced. A removal order can be enforced by two methods: either at a POE, or at a visa office outside Canada pursuant to subsection R240(1) or R240(2). A removal order is enforced under these provisions only after an officer has issued a Certificate of Departure [IMM 0056B]. For further information on enforcing a removal order at a visa office outside Canada, see chapter ENF 11, section13.5.
Note: Persons who have been issued any removal order on the basis that they are an accompanying family member under paragraph A42(b) do not require an ARC.
An ARC is issued to overcome a removal order. At visa offices outside Canada, only an Immigration Program Manager, Deputy Program Manager, or Operations Manager has the designated authority (see item 39 of chapter IL 3) to make the decision to grant or deny an ARC.
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