Removal Orders in Canada : departure, exclusion and deportation
Removal orders are issued by Citizenship and Immigration Canada or the Canada Border Services Agency to people who fail to comply with any provision of the Immigration and Refugee Protection Act (IRPA). Some examples of this failure may be cited:
- Canadian temporary residents who do not comply with conditions of entry, staying longer than authorized, or working or studying without the necessary permits;
- Canadian permanent residents who do not comply with the residency obligation; and
- persons who have previously been deported and are seeking to enter Canada without written authorization.
There are three types of removal orders:
- Departure Order (form number IMM 5238),
- Exclusion Order (form number IMM 1214B) and
- Deportation Order (form number IMM 5238B).
People who have been the subject of a removal order from Canada will probably need an Authorisation to Return to Canada (ARC) document to travel to Canada. Each one of the types of removal order will determine the need of an ARC.
People who received a Departure Order, left Canada within the required 30 days and verified their departure with a Canadian immigration officer at the port of exit do not need an ARC. They may return to Canada subject to normal examination at the port of entry. However, if they left the country without verifying their departure, or more than 30 days after the Departure Order was issued, the Departure Order automatically becomes a Deportation Order. In this case, they need to apply for an ARC.
People who were issued an Exclusion Order, left Canada more than 12 months and have a Certificate of Departure (IMM 00568), showing the date of departure, do not need an ARC. They also may return to Canada subject to normal examination at the port of entry. However, if they wish to return to Canada less than 12 months after the Exclusion Order was issued or not have a Certificate of Departure, they need to apply for an ARC.
People who have been subject of a Deportation Order must apply for an ARC. For that, they need to explain, in detail, the reasons they feel they should be allowed to return to Canada. If their departure order became a deportation order because they did not leave Canada within 30 days, they must explain why they not leave Canada in the allotted amount of time. In addition, they have to pay the processing fee of $400 Canadian dollars. It should be noted that, people deported because of criminal inadmissibility need to apply for criminal rehabilitation first. They also need a Temporary Resident Permit to be allowed into Canada.
In brief, people subject to one of the removal orders mentioned above who wish to come back to Canada need an Authorisation to Return to Canada in most cases. This application will be assessed by a Canadian immigration officer who will consider the reasons for the issuance; the possibility of the repetition of the behaviour that caused the order to be issued; the length of time since the order was issued and the current situation of the applicants and the reason why they want to enter Canada.
Paula De Cassia Pimpao