Removal Orders, in all cases, require that you leave Canada. If you fear return to your country of nationality or habitual residence, you may make an application for Pre-Removal Risk Assessment (PRRA) to have your risks assessed prior to removal.
Temporary residents wishing to extend their stay in Canada must apply to extend their permit at least 30 days before the permit expires. However, if their application is still processing when the previous permit expires, they can still remain in Canada under the same conditions of their previous permit until they receive a decision on their application.
For example, a temporary worker who submits an application to extend his or work permit before it expires can remain in Canada working in the same job for the same employer, while awaiting a decision.
However, if the temporary worker has applied for a different type of permit — for example, a work permit for a different employer, or a study permit — he or she must cease working on the date his or her current permit expires.
If the application is approved, the individual (and his or her family, if applicable) may remain in Canada under the conditions of the new permit. The new permit will state the date of issue. This may mean that there is a period between the expiry of one permit and the issue of the next permit. However, this should not pose a problem if the individual should later apply for permanent residence as it is accepted by immigration officers that this period is covered by implied status. The permit will generally also state that the holder maintained their status until the new permit was issued.
However, an individual with implied status would not be able to resume his or her work or studies (as applicable) until a decision is made on the application for the extension of status. Additionally, he or she may have to provide evidence to the officer at the Port of Entry of sufficient means of financial support while awaiting the decision. It is strongly recommended that anyone under implied status who leaves Canada brings proof of application for an extension of his or her permit.
In effect, an individual with implied status (either to work or study) gives up his or her right to work or study upon leaving Canada, until a decision is made on the application to work or study in Canada.
For example, if a student who has applied to extend his or her study permit leaves Canada, he or she may be able to re-enter the country. However, he or she would then not be able to resume his or her studies until a decision is made on the application. If he or she had remained in Canada on implied status, he or she could have continued to study in Canada legally.
The calculation of residency days for a person who has been a Canadian permanent resident for more than five years will be limited to the five years immediately preceding the examination. Persons who have been Canadian permanent residents for less than five years must demonstrate that they will be able to meet the residency requirement during the five-year period immediately following their becoming a Canadian permanent resident.
One can submit one or more supporting ID documents to prove all of the above elements. Otherwise, if one element is missing, the application will be refused.
When an individual applies for a new passport in an assumed relationship surname/ family name that is different from the name on his/her birth or citizenship certificate, that person must submit one of the following documents, along with their birth or citizenship certificate:
The identity document submitted together with the passport application, must display the relationship surname that the person is requesting.
It is important to notify Passport Canada immediately should your passport be lost or stolen. There will be a for replacement of a passport.
Our Senior Lawyer, Sonia Akilov, has extensive experience representing clients at the Federal Court, IAD, and IRB.
Look at the document you received from Citizenship and Immigration Canada or the Canada Border Services Agency before you left Canada. The form number will tell you the type of removal order. There are three types of removal orders.
If you received a Departure Order and:
then you do not need an ARC. You may return to Canada subject to normal examination at the port of entry.
Please Note: 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.
Please Note: If you were deported because of criminal inadmissibility, you will need to apply for criminal rehabilitation first. You may also need a Temporary Resident Permit to be allowed into Canada. So in addition to the ARC you may also require other documents to enter Canada. Please contact us for further clarification on this. We are here to help you move forward!