There are certain situations when an appeal for removal order can be made. However, if you have appealed for a removal order, but your appeal hasn’t been decided yet, your removal from Canada is not possible. Another situation where you removal appeal can be denied is that if you are already involved in some legal proceeding or the government of the country has found you to be in need of security.
There are three categories of Canada removal orders, such as: Departure Order, Exclusion order and Deportation Order. However, among these three, exclusion and departure orders are generally issued for less severe violations.
According to this particular category of removal order, an individual with departure removal is required to leave Canada within the period of 30 days and has to verify his or her departure with a Canada immigration officer at the exit point.
However, as an overseas national, if you leave Canada without verifying your departure, or it’s been more than 30 days since issuing of your departure order, then your departure order will automatically become deportation order and as a foreign national, you will need to obtain an ARC.
If any individual is removed from Canada due to an exclusion order, he or she cannot return to the country for the period of one year, unless he or she obtains a the written entry permission from the Canada Border Service Agency (CBSA). People with exclusion orders for misrepresentation are not allowed return to Canada for the period of 2 years without having a CBSA’s written permission.
If an overseas national, who is the subject of a deportation order, wants to enter into Canada, in order to get the permission for re-entry into the country, he will have to apply for an ARC. However, if the foreign national has neither received any permission yet nor has he applied for it, then he will be inadmissible for non-compliance under the IRPA’s section 52.
An individual, who is applying for the ARC, has to show that there are some essential reasons to consider the ARC in spite of the circumstances that necessitated the issue of removal order. However, the applicant also has to convince the authorities that he doesn’t pose any threat to the people of Canada and its society.
However, while applying for an ARC, the applicant needs to properly fill in the application form, as incomplete form is considered as illegible and it will be returned to the applicant without taking further for processing. Moreover, submitting an ARC application also doesn’t provide any guarantee that the applicant will be provided with an ARC.
While assessing an ARC application, there are certain things that an officer considers, such as:
- The cause of issuing a removal order, the possibility of repeating the behaviour that resulted issuing the removal order;
- The time length since the order was issued;
- The present circumstances of the applicant; and
- The reason for seeking to entry permission Canada.
An ARC Application should be submitted at an overseas visa office before the arrival in Canada at an entry port.