Hello everyone
For all those applying for ARC, here is the OP1 Procedures manual (updated January 25, 2016). Section 6, page 30, provides information on how CIC deals with ARC applications. It helps to understand the process and what CIC looks for.
Here is the link and the procedures http://www.cic.gc.ca/English/resources/manuals/op/op01-eng.pdf
6 Authorization to Return to Canada ...30
6.1 Overarching principles for processing ARC applications...............................................................30
6.2 Factors to consider when assessing an ARC application..............................................................31
6.3 The download of previously deported persons into CPIC .............................................................32
6.4 Who requires an ARC? (Under the authorization of the Minister of IRCC) ...................................33
6.5 Issuing an Authorization to Return to Canada (IMM 1203B).........................................................33
6.6 Effect of ARC decisions on the PDP database..............................................................................34
6.7 Amending an ARC decision...34
6.8 Repayment of removal expenses incurred by CBSA ....................................................................35
6 Authorization to Return to Canada
6.1 Overarching principles for processing ARC applications
Section 52 of IRPA is intended to send a strong message to individuals to comply with enforceable
departure orders. A permanent bar on returning to Canada is a serious consequence of non-compliance.
Consequently, an Authorization to Return to Canada (ARC) should not be used as a routine way to
overcome this bar, but rather in cases where an officer considers the issuance to be justifiable based on
the facts of the case.
Individuals applying for an ARC must demonstrate that there are compelling reasons to consider an
Authorization to Return to Canada when weighed against the circumstances that necessitated the
issuance of a removal order. Applicants must also demonstrate that they pose a minimal risk to
Canadians and to Canadian society. Merely meeting eligibility requirements for the issuance of a visa is
not sufficient to grant an ARC. The decision to grant an ARC should be consistent with the objectives of
the legislation as defined in 3(1)(h) of IRPA. ...
6.2 Factors to consider when assessing an ARC application
The severity of the IRPA violation that led to the removal.
The applicant’s history of cooperation with IRCC:
Are there any previous immigration warrants?
Did the applicant fail to appear for any hearing or removal?
Did the applicant comply with the terms and conditions of the document issued by IRCC?
Did the applicant pay for the removal costs?
Was the applicant removed under escort?
In most cases, a proper assessment of these factors will require contacting the office responsible for the
removal. If there is evidence of criminal activity, officers may consult with Canadian law enforcement
authorities and ask for a local police certificate.
The reasons for the applicant’s request to return to Canada:
Do compelling or exceptional circumstances exist?
Are there alternative options available to the applicant that would not necessitate returning to Canada?
Are there factors that make the applicant’s presence in Canada compelling (e.g., family ties, job qualifications, economic contribution, temporary attendance at an event)?
Are there children directly implicated in the application whose best interests should be considered?
Can the applicant support him or herself financially?
How much time has passed since the infraction that led to the removal order?
How long does the applicant intend to stay in Canada?
Are there tangible or intangible benefits that may accrue to Canada or the person concerned?
Bona fide marriages, attendance at the funeral of a family member or acceptance under a provincial
nominee program are examples of factors that would normally constitute a “compelling reason” for
returning to Canada. However, no one factor alone should automatically serve to override concerns
related to the safety of Canadians and the security of Canadian society.
