If your sponsored spouse was previously deported from Canada, they must apply for an Authorization to Return to Canada (ARC). Bundling an ARC request with an outland spousal sponsorship generally adds an additional 6 to 12 months to the standard 12-month processing time. The federal ARC processing fee is $400 CAD.
Falling in love and marrying someone who was previously removed from Canada adds a massive layer of legal complexity to the spousal sponsorship process. Whether they received a Departure Order they failed to obey, an Exclusion Order, or a severe Deportation Order, they are legally barred from re-entering the country. To reunite in Canada, they must secure a special pardon known as an Authorization to Return to Canada (ARC).
Applying for an ARC is not a standalone process when dealing with family sponsorship. ⚠️ Immigration, Refugees and Citizenship Canada (IRCC) mandates that the ARC must be assessed in conjunction with the permanent residency application. Because an ARC requires convincing a border officer that your spouse deserves a second chance, the legal threshold is incredibly high. Whether you reside in Surrey, Mississauga, or Hamilton, it is strongly recommended to hire a specialized immigration lawyer from our directory to prepare a bulletproof submission.
Step-by-Step Process for Bundling an ARC with Spousal Sponsorship
Handling an ARC requires perfect sequencing. If you apply at the wrong time or in the wrong format, the government will simply reject the package. Here is the standard legal process for outland applications in Canada.
Step 1: Filing the Outland Spousal Sponsorship
You cannot apply for an ARC inside Canada. 📝 The sponsored spouse must be living abroad. First, the Canadian citizen or permanent resident must submit a complete Outland Spousal Sponsorship application. Within this application, you must truthfully declare the past removal order in the background declaration forms. Lying about past deportations is considered misrepresentation and results in a 5-year ban.
Step 2: Waiting for the ARC Request Letter
Do not submit the ARC documents immediately. You must wait for IRCC to process the initial stage of the sponsorship. An immigration officer will eventually send a formal letter stating that the applicant requires an ARC to proceed and giving you a strict deadline (usually 30 to 60 days) to submit the necessary documents and fees.
Step 3: Preparing the ARC Submission Package
This is the most critical step. Your lawyer will draft a comprehensive Letter of Explanation. 📄 You must prove why your spouse was removed, show genuine remorse, explain that the circumstances have drastically changed, and argue that allowing them back into Canada will not pose a risk. Strong evidence includes clean criminal records, proof of employment, and deep family ties.
Step 4: Paying the ARC Fee and Removal Costs
You must pay the $400 CAD processing fee for the ARC. Crucially, if the Government of Canada paid for your spouse’s airplane ticket when they were deported, you must repay those removal expenses in full before the ARC can even be considered. This repayment can cost thousands of dollars.
Step 5: The Joint CBSA and IRCC Review
The ARC package is reviewed by high-level officers, often involving consultations with the Canada Border Services Agency (CBSA). 🏢 If the officer is convinced that the applicant’s past violations will not be repeated, the ARC is approved. The spousal sponsorship then resumes its normal background and medical checks before final approval.
How Much Does an ARC Cost in Canada?
Overcoming a past deportation is an expensive legal undertaking. Alongside standard spousal sponsorship fees, you face significant ARC-specific costs in Canadian dollars (CAD):
| Requirement | Estimated Cost (CAD) | Details |
|---|---|---|
| ARC Processing Fee | $400 CAD | Mandatory fee paid when requested by IRCC |
| Spousal Sponsorship Fees | $1,080 CAD | Standard base fee for the PR application |
| Repayment of Removal Costs | $1,500 – $5,000+ CAD | Must be paid if Canada bought the deportation flight |
| Immigration Lawyer Fees | $3,000 – $7,000+ CAD | To draft complex legal arguments and submission letters |
How Long Does the ARC Process Take?
Patience is mandatory when fighting past immigration violations. A standard outland spousal sponsorship application typically takes 10 to 12 months. When you add an ARC requirement, the file is transferred to a specialized unit. This intensive background review generally adds an extra 6 to 12 months to the overall timeline. Therefore, most couples facing an ARC can expect to be separated for a total of 18 to 24 months before a final decision is rendered.
Frequently Asked Questions (FAQ)
Do I need an ARC if I had a Departure Order?
If you received a Departure Order and left Canada within the required 30 days, verifying your departure with the CBSA, you generally do not need an ARC. However, if you failed to leave within 30 days, it automatically became a Deportation Order, meaning an ARC is now mandatory.
Can I apply for an ARC if I am currently inside Canada?
No. If you have an active removal order or were previously deported and snuck back into the country, you cannot apply for an ARC from inside Canada. You must leave the country and apply through an outland process via a visa office abroad.
Does having a Canadian spouse guarantee ARC approval?
No. While having a Canadian citizen spouse is a strong humanitarian and compassionate factor, it does not guarantee approval. IRCC will heavily weigh the severity of your past immigration offences or criminal history against your family ties.
What happens if my ARC is refused?
If the ARC is refused, the associated spousal sponsorship application will automatically be refused because the applicant remains legally inadmissible to Canada. You may have to wait several years to reapply and show further rehabilitation.
Will a Record Suspension (Pardon) replace an ARC?
No. If you were deported for criminality, obtaining a foreign pardon or applying for criminal rehabilitation might cure the criminal inadmissibility, but you still need a separate Authorization to Return to Canada to overcome the physical deportation order itself.
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