If you are sponsoring a spouse who was previously deported from Canada, they will need an Authorization to Return to Canada (ARC). Hiring a Canadian immigration lawyer to draft this complex legal submission generally costs between $2,500 and $6,000 CAD, in addition to the standard IRCC processing fees.
Overcoming a Deportation Order in Spousal Sponsorship
Falling in love knows no borders, but previous immigration mistakes can create massive barriers. If your spouse or common-law partner was previously removed from Canada by the Canada Border Services Agency (CBSA)-whether for overstaying a visa, working illegally in Toronto, or a criminal issue-they cannot simply return. They are legally barred from re-entering the country, even if they are married to a Canadian citizen.
To overcome this ban, your spouse must apply for an Authorization to Return to Canada (ARC) alongside their spousal sponsorship application. 📝 An ARC is not a simple form; it is a highly discretionary request begging the Canadian government for forgiveness. Immigration, Refugees and Citizenship Canada (IRCC) will weigh your spouse’s past behaviour against compelling humanitarian and compassionate reasons, such as your marriage.
Because an ARC application is incredibly complex and subjective, a simple mistake can lead to a permanent refusal. We strongly encourage you to hire a specialized immigration law firm from our directory. A skilled lawyer knows exactly how to frame the legal arguments, demonstrate your spouse’s remorse, and prove that they will never violate Canadian immigration law again.
Step-by-Step Process for an ARC Application
Applying for an ARC is an intense legal process. Here is how an immigration lawyer will generally build your case to maximize your chances of approval.
Step 1: Determining the Type of Removal Order
First, your lawyer will review your spouse’s immigration history to determine exactly what kind of removal order was issued. 🔍 There are three types in Canada: a Departure Order, an Exclusion Order, and a Deportation Order. If your spouse received a Deportation Order (often issued for serious criminality or failing to leave on a Departure Order), an ARC is mandatory for life. If they received an Exclusion Order, an ARC is only needed if they wish to return before the 1-year or 5-year ban expires.
Step 2: Drafting the Legal Submission Letter
The core of an ARC application is the legal submission letter drafted by your law firm. This document will outline exactly why the removal order was issued and provide a compelling explanation for why your spouse should be allowed back. The lawyer will emphasize your genuine marriage, the hardship you face being separated, and clear evidence that the applicant has rehabilitated and respects Canadian law.
Step 3: Compiling Supporting Documents
Words are not enough; you must provide evidence. 📁 Your lawyer will help you gather extensive documentation, including foreign police certificates showing a clean criminal record since leaving Canada, letters of employment abroad, and letters of reference from community leaders. If the CBSA paid for your spouse’s flight ticket out of Canada, you will also need to arrange repayment for those removal costs.
Step 4: Submitting the ARC with the Sponsorship
An ARC application is generally not submitted on its own. If you are applying for outland spousal sponsorship, the ARC request and all supporting legal arguments are included directly in the PR application package sent to IRCC. The visa officer reviewing the sponsorship will assess the ARC at the same time.
How Much Does an ARC Cost in Canada?
Overcoming a removal order is an expensive undertaking. You must account for government fees, legal fees, and potential CBSA repayments. All amounts are in Canadian dollars (CAD).
- IRCC Processing Fee: The government fee for processing an ARC is currently $492.50 CAD.
- Lawyer Fees: Retaining an experienced immigration lawyer to review the file, draft the complex legal arguments, and compile the ARC package typically costs between $2,500 and $6,000 CAD.
- Repayment of Removal Costs: If the Canadian government paid for your spouse’s deportation flight, you must reimburse them before the ARC is approved. Under current CBSA tariffs for removals on or after April 1, 2025, this costs $13,098.96 CAD for an escorted removal by air, or $3,905.28 CAD for unescorted and other types of removals.
How Long Does the ARC Process Take?
Applying for an ARC will significantly delay your spousal sponsorship application. While a standard outland sponsorship takes about 12 months, an ARC must be reviewed by a specialized senior officer. You should expect the ARC process to add anywhere from 6 to 12 additional months to your total processing time, depending on the severity of the past immigration violations.
Understanding Canadian Removal Orders
| Type of Order | Severity | Do You Need an ARC? |
|---|---|---|
| Departure Order (IMM 5238) | Low. Must leave Canada within 30 days. | No, if they left within 30 days and verified departure. Yes, if they stayed longer (it turns into a Deportation Order). |
| Exclusion Order (IMM 1214B) | Medium. Banned for 1 or 5 years. | Yes, only if applying to return before the ban period is over. |
| Deportation Order (IMM 5238B) | High. Banned for life. | Yes, an ARC is always mandatory, regardless of how much time has passed. |
Frequently Asked Questions (FAQ)
Does getting an ARC guarantee my spouse’s PR will be approved?
No. An ARC simply overcomes the previous removal order. Your spouse must still meet all other requirements of the spousal sponsorship program, including proving the marriage is genuine, passing medical exams, and passing security and criminality checks.
Can I apply for an ARC at the Canadian border?
Generally, no. For spousal sponsorship, an ARC must be processed by the visa office abroad alongside the PR application. Attempting to request an ARC at a port of entry (border) without a pre-approved application is highly discouraged and usually results in immediate refusal.
What if my spouse was deported for criminal reasons?
If the deportation was due to a criminal conviction in Canada, an ARC alone is not enough. Your spouse will also need to apply for Criminal Rehabilitation. This is a separate legal process that requires paying an additional government fee ($246.25 CAD for criminality or $1,231.00 CAD for serious criminality) and must be carefully handled by an immigration lawyer.
Can we apply for an ARC if my spouse is still inside Canada?
If your spouse has an active removal order, they must generally leave Canada for the removal order to be enforced before an ARC can be processed. Inland sponsorship is usually not possible if an active, enforceable deportation order exists. A lawyer must evaluate this highly sensitive situation immediately.
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