If your partner was previously removed from the country, understanding how an applicant’s previous deportation affects Canadian spousal sponsorship is vital. You can still sponsor them, but they must apply for an Authorization to Return to Canada (ARC). This separate, mandatory request costs $400 CAD and adds significant processing time to your overall application.
Overcoming a Removal Order for Family Reunification
Receiving a removal order from the Canada Border Services Agency (CBSA) is one of the most frightening experiences an immigrant can face. 🚫 Whether they were asked to leave Toronto because of an overstayed visa, or deported from Vancouver due to working without authorization, the government keeps a permanent record of the removal. If you are a Canadian citizen or Permanent Resident (PR) and you fall in love with someone who was previously deported, you might fear that permanent separation is your only future.
Fortunately, Canadian immigration law allows for second chances. The fact that your spouse was removed from Canada does not legally prevent you from filing an Outland Spousal Sponsorship. However, it does add a critical, mandatory step: the Authorization to Return to Canada (ARC). Without an approved ARC, Immigration, Refugees and Citizenship Canada (IRCC) will automatically refuse the sponsorship, regardless of how genuine your marriage is.
Applying for an ARC is not a simple form; it is a complex legal plea. 💼 You must convince the Canadian government that your spouse’s past mistakes will not be repeated, and that there are compelling, compassionate reasons to let them back into cities like Calgary, Edmonton, or Ottawa. Engaging an experienced immigration law firm is heavily encouraged when dealing with prior deportations.
Step-by-Step Process for ARC and Spousal Sponsorship in Canada
Managing an ARC alongside a spousal sponsorship requires excellent timing and organization. Here is the standard federal procedure to navigate this complex situation safely.
Step 1: Identify the Type of Removal Order
First, you must look at the official paperwork issued when your spouse left Canada. There are three types of orders. A Departure Order requires leaving within 30 days; if obeyed, no ARC is needed. An Exclusion Order bans entry for 1 to 5 years; if the time has not yet passed, an ARC is required. A Deportation Order is a permanent lifetime ban, meaning an ARC is absolutely mandatory forever.
Step 2: Prepare the ARC Explanation Letter
The core of an ARC application is a detailed, persuasive letter addressed to IRCC. 📝 Your spouse must take full responsibility for the actions that led to their removal. The letter must explain why they broke the rules, how their circumstances have changed, and why it is essential for them to return to Canada. Supporting documents, such as police clearance certificates and letters of good character, must be included.
Step 3: Compile the Outland Sponsorship Application
While the ARC is being prepared, you must also assemble the full Outland Spousal Sponsorship package. You cannot apply for an ARC by itself just to visit; it must be attached to a concrete reason for returning, which in this case is the family class sponsorship. You will gather your proof of relationship, marriage certificates, and the standard IMM 1344 and IMM 5532 forms.
Step 4: Submit the Combined Package to IRCC
You will submit the spousal sponsorship application online through the PR Portal and upload the ARC request letter and payment receipt as part of your supporting documents. 💻 The IRCC officer processing the sponsorship in your spouse’s home country will forward the ARC request to the appropriate manager or CBSA official for review.
How Much Does an ARC and Spousal Sponsorship Cost in Canada?
Overcoming a previous deportation involves paying distinct government fees for both the relationship application and the special authorization. Here are the 2026 costs in CAD:
- ARC Processing Fee: The government fee to process an Authorization to Return to Canada is currently $400 CAD.
- Spousal Sponsorship Fees: The standard permanent residence application fee is $1,080 CAD (covering the sponsorship, principal applicant, and RPRF).
- Repayment of Removal Costs: If the Canadian government paid for your spouse’s flight out of the country when they were deported, you must repay those exact travel costs to CBSA before the ARC will even be reviewed.
- Legal Fees: Because of the high risk of refusal, hiring a lawyer to draft the ARC and manage the sponsorship usually costs between $5,000 and $8,000 CAD.
Understanding Canadian Removal Orders
Identifying the exact type of ban your spouse received dictates your entire strategy. 📍 Here is how the three types of removal orders differ.
| Type of Order | Duration of the Ban | Is an ARC Required? |
|---|---|---|
| Departure Order (IMM 5238) | No ban, provided they left within 30 days and verified their departure at the border. | No. (Unless they failed to leave in 30 days, then it becomes a Deportation Order). |
| Exclusion Order (IMM 1214) | Typically 1 year, or 5 years for misrepresentation. | Yes, if applying to return before the 1 or 5 years have passed. |
| Deportation Order (IMM 5238) | Permanent lifetime ban. | Yes, always. An ARC is mandatory regardless of how many decades have passed. |
How Long Does the Process Take?
Adding an ARC to a spousal sponsorship file significantly slows down the timeline. 📅 A standard Outland Spousal Sponsorship usually takes about 10 to 12 months. However, the special review required for an Authorization to Return to Canada usually adds an additional 4 to 8 months to the total processing time. You must be prepared for your spouse to remain outside of Canada for up to a year and a half while IRCC investigates.
Frequently Asked Questions (FAQ)
Will IRCC guarantee the approval of the ARC because we are married?
No. Marriage to a Canadian does not automatically erase past immigration violations. The officer will weigh the strength of your marriage against the severity of the past offence. If the previous violation was severe, the ARC may still be refused.
Can my deported spouse come back as a visitor first?
It is extremely difficult. You would have to apply for an ARC alongside a Temporary Resident Visa (TRV). IRCC rarely approves visitor visas for previously deported individuals because they fear the person will overstay again. Sponsorship is the stronger route.
What happens if the ARC is refused?
If the ARC is refused, the spousal sponsorship application is automatically refused as well, because the applicant remains legally inadmissible to Canada. You would have the right to appeal the sponsorship refusal to the Immigration Appeal Division (IAD).
Do we need a police clearance from the country they were deported to?
Yes. You must provide valid police clearance certificates for any country your spouse has lived in for 6 months or more in a row since the age of 18, including the country they currently reside in post-deportation.
What if my spouse used a fake passport to enter Canada previously?
Using fraudulent documents is considered serious misrepresentation. They likely received an Exclusion Order or Deportation Order. You must apply for an ARC, and your explanation letter must strongly address why they committed fraud and why they are trustworthy now.
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