Can I return to Canada after being ordered to depart?

Question

My family was issued a departure notice of 30 days from the Canadian immigration when I was 10 years old. We relocated back to our country 15 years ago.

I am now married and my wife wants to go to Ottawa to see her sick grandmother before she passes away. She would like the kids to see her.

Will I be able to get a visitors visa because of that departure notice. Kindly note my family paid for our own trip, and we were cleared by immigration at the border; we also left within the stipulated time.

Should I apply for an ARC (authorization to return to Canada) or am I exempted from it since I was a minor at that time?

Answer 1

If you left within the 30 days you do not require an ARC. ARCs are only needed if you have had a deportation order or an exclusion order (if you wish to return before the 2/5 year ban period).

The circumstances that lead to your departure order will be considered when your application is assessed but I doubt it will have an impact on the outcome.

Answer 2

Whether you would need to apply would depend on type of order you and your family were issued. Although you were a minor, you were still subject to the removal, and would want to check whether Authorization to return to Canada is required. If you're unsure or don't have a copy of the document, it would be advisable to request authorization.

Types of removal orders

There are three types of removal orders.

Look at the document you received from us before you left Canada. The form number will tell you the type of removal order.

1. Departure Order (form number IMM 5238)

a. 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.

b. 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 (see point 3 below).

2. Exclusion Order (form number IMM 1214B)

a. If you were issued an Exclusion Order and

⇨ 12 months have passed since you left Canada and
⇨ you have a Certificate of Departure (IMM 0056B) 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.

b. 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 (form number IMM 5238B)

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

Note: A Direction to Leave Canada (form number IMM 1217B) is not a removal order. If you have been the subject of a Direction to Leave Canada, you do not need to apply for an ARC. You may return to Canada subject to normal examination at the port of entry.