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IMMIGRATION CONSULTANTS & ASSOCIATES (CANADA)

Authorization to Return

If you are a citizen of Canada and want to return to the country after staying abroad for more than six months, you need authorization from the Canadian government.

This authorization is called a “temporary resident permit” and is issued by the Canadian government. It is valid for a maximum of five years. The permit allows you to work, study, or live in Canada temporarily.

The Canadian government will issue this permit if it knows that you have enough money to support yourself and that you have a good reason for returning to Canada.

The Immigration and Refugee Protection Act (IRPA) governs the eligibility and admissibility of people who wish to enter Canada. It also allows for the Minister of Public Safety to issue a temporary resident permit to allow individuals who are otherwise inadmissible, including those with criminal records, to enter Canada.

A temporary resident permit is only issued in exceptional circumstances or when it is deemed necessary for reasons of public policy such as:

-humanitarian and compassionate considerations

-reasons of a non-commercial nature

-reasons related to international obligations or trade agreements that Canada has entered into with another country

-reasons related to an individual’s participation in international organizations, peacekeeping missions, or military alliances.

Many people who have been convicted of an offense and served their sentence are interested in returning to Canada. There are a number of steps that need to be taken before they can return.

The following is a list of the steps you will need to take:

– Apply for a pardon or record suspension from the Parole Board of Canada if you were convicted of an indictable offense (and not pardoned)

– Apply for rehabilitation from the National Parole Board if you were convicted of a summary conviction offense

– Read about your responsibilities as a Canadian citizen and make sure you are aware of them before coming back

– Register your intent to return with Citizenship and Immigration Canada.

 

OR

Authorization to return

If you are a permanent resident of Canada and have been away for more than 7 years, you will need to apply for Authorization to Return to Canada.

This authorization is granted by Citizenship and Immigration Canada (CIC) for individuals who have been away from Canada for more than 7 years. If you are a permanent resident of Canada and have been away from the country for more than 7 years, you will need to apply for this authorization before returning to the country.

The purpose of this authorization is to ensure that individuals who live abroad do not become inadmissible when they return home.

The key to this issue is the date of departure. If you departed Canada on or after October 23, 2017, you will be eligible to return to Canada as a temporary resident if your authorized stay in the United States has been extended or terminated.

If you departed Canada before October 23, 2017, and have not obtained a new work permit for the United States, then you will not be eligible to return to Canada as a temporary resident.

This section discusses the authorization to return to Canada after an individual has left and gone back to the US. There are two dates that are important: when they left and when they returned. If they left before October 23rd of 2017 and have not obtained a new work permit for their stay in the US then they will not be able to come back as a temporary resident. If however, they left after October 23rd of 2017 then their authorization is dependent on whether or not their authorized stay in the US has been extended or terminated

The Minister of Immigration, Refugees and Citizenship Canada (IRCC) may authorize a permanent resident or foreign national to return to Canada for a temporary visit if the individual meets certain conditions.

The conditions that are required for authorization are:

-If the individual is a permanent resident, they must have been authorized to leave Canada in the past 12 months and must not have exceeded their authorized stay abroad by more than 90 days.

-If the individual is a foreign national, they must be authorized to enter Canada under one of IRCC’s programs.

-If either of these requirements is not met, then there will be no authorization granted.

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