When an individual is convicted for breaching the Immigration and Refugee Protection Act, a removal order is issued. If a crime is committed or if one is residing in Canada without legal status, a removal order may be issued.

There are three different types of removal orders:

  • Deportation Orders: issued for very serious offenses or issued for people who have no status in Canada
  • Departure Orders: The person must leave Canada and cannot return to Canada for one year.
  • Exclusion Orders: A person must leave Canada within 30 days

Individuals who have immigrated fraudulently or involved in serious crimes and sentenced to more than six months cannot appeal a Removal Order. You may be eligible to appeal a removal order if you are a permanent resident in Canada or a protected person.

In order to apply for a Removal Order appeal, a person must have received a removal order and they must be:

  • A permanent resident of Canada
  • A foreign national with a permanent resident visa, or
  • A Convention Refugee or Protected Person

If an individual has been subject to a Removal Order from Canada, an Authorization to Return to Canada (ARC) will be needed to come back to the country. An ARC is not necessary for a Departure Order or an Exclusion Order, an ARC is needed for those individuals who have been subjected to a Deportation order. It is encouraged to include in the ARC application: the reason for the removal order, the applicant’s current situation, and the reason for the applicant’s return to Canada.