Deported

AUTHORIZATION TO RETURN 

If you have been the subject of a removal order from Canada you will probably need an Authorization to Return to Canada (ARC) if you want to return. Whether you need one depends on the type of removal order that was issued.

Types of removal orders

There are three types of removal orders. 

1. Departure Order 

  1. If you received a Departure Order and 
    • left Canada within the required 30 days and 
    • verified your departure with a Canadian immigration officer at the port of exit

you do not need an ARC. You may return to Canada subject to normal examination at the port of entry. 

  1. If you left the country without verifying your departure, or more than 30 days after the Departure Order was issued, the Departure Order automatically becomes a Deportation Order and you need to apply for an ARC. 

2. Exclusion Order 

  1. If you were issued an Exclusion Order and 
    • 12 months have passed since you left Canada and 
    • you have a Certificate of Departure showing the date you left Canada

you do not need an ARC. You may return to Canada subject to normal examination at the port of entry.

  1. If you wish to return to Canada less than 12 months after the Exclusion Order was issued, or do not have a Certificate of Departure, you need to apply for an ARC.

3. Deportation Order 

If you have been the subject of a Deportation Order you will need to apply for an ARC.

RECORD SUSPENSION:

Who is eligible for a record suspension?

You can apply for a Record Suspension if you:

  • were convicted of an offence in Canada under a federal act or regulation of Canada as an adult;
  • were convicted of a crime in another country and were transferred to Canada under the Transfer of Offenders Act  or International Transfer of Offenders Act.

To apply for a record suspension, you must have completed all of your sentences, which includes:

  • all fines, surcharges*, costs, restitution and compensation orders;
  • all sentences of imprisonment, conditional sentences, including parole and statutory release;
  • any probation order(s).

After completing all of your sentences, you must have completed a waiting period:

  • 5 years for a summary offence (or a service offence under the National Defence Act).
  • 10 years for an indictable offence (or a service offence under the National Defence Act for which you were fined more than $5,000, detained or imprisoned for more than 6 months).

You are not eligible for a record suspension if you have been convicted of:

  • a Schedule 1 Offence (offence involving a child) under the Criminal Records Act
  • more than three (3) offences prosecuted by indictment, each with a prison sentence of two (2) years or more.

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