Authorization to return to Canada.
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Author Topic: Authorization to return to Canada.  (Read 15507 times)
LouisaMarie
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Posts: 18
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Category........: FAM
Visa Office......: Damascus
App. Filed.......: 02-11-2009
Doc's Request.: 04-16-2010

« on: April 30, 2010, 10:56:36 pm »


We got our request for documents and one of them was that my husband has to apply for authorization to return to Canada.

When he was denied refugee status in 2004 and given his departure order, Canadian immigration insisted on buying his ticket to leave. He overstayed past the date he was supposed to leave because they took forever to get his ticket. They told him that he wouldn't be classified as a deportee, yet now we found out that he has been.

We have a one year old son together.... I was just wondering if he has a decent chance of getting approved to come back to Canada as long as he pays the government back for the ticket and pays the 400 dollar fee.

If anyone has had to apply for this and has been in the same type of situation, advice would be greatly appreciated Smiley
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tarakrs
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Posts: 1195
Ratings: +86

« Reply #1 on: May 25, 2010, 07:11:34 am »

ARC is not an easy thing to get... However, every case different and ARC is granted on several different factors.... Unless and until I dont know the reasons for your husband's deportations its very difficult to advice
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Every evening I turn my worries over to God. He's going to be up all night anyway.
twinsmama
Full Member
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Posts: 46
Ratings: +1
Category........: FAM
Visa Office......: Port Of Spain, Trinidad
App. Filed.......: 23-12-09
Doc's Request.: 22-03-10
AOR Received.: 19-02-10
File Transfer...: 15-01-10
Passport Req..: 18-08-2010
VISA ISSUED...: 02-09-2010
LANDED..........: 15-10-2010

« Reply #2 on: May 27, 2010, 10:55:50 am »

Hi everyone
I will be needing Authorization to return to Canada (ARC).I was denied Refugee status in Canada and PRRA.They asked me to leave which I did and  I paid my ticket.
I have read on other posts that its very difficult to get ARC...........
Well I am married with twins,they were born in Canada. I am with my husband for 4 years,married 1 year. I just want to know if there is a chance for me seeing that  I did not have a criminal record back in canada and my twins were born there.

IS THERE ANYONE WHO HAS OR IS GOING THROUGH THIS PROCESS (ARC)Huh?
ANYONE Sad
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kingtreek
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Posts: 117
Ratings: +0

« Reply #3 on: May 27, 2010, 12:28:52 pm »

Hi guys ,I am going trough ARC aswell now,its been almoust 1,5 months,still quiet
my case processes Canadian Visa office in Ankara,Turkey,

I had recieved the RPRF and after Passport Reqest letter ,i went to Ankara to pick my Visa up,they told me to come afternoon time to pick ut up,when i got there officer told me that we have forgotten the ARC process,couse you had a Deportation ordwer,my officer has told me after 30 days should be done.
but nothing yet.
I hads got the Deportation order and i bought the plane ticket myself,all costs on me
i have no idea How long the process will take ?   any idea,Thank you )
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kingtreek
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Posts: 117
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« Reply #4 on: May 31, 2010, 11:43:00 am »

? )
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vik.brar
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« Reply #5 on: May 31, 2010, 03:46:28 pm »

Hello,

If you have been given a departure order and if you do not comply with it within the time limit ...it automatically becomes deportation order. It does not matter who said what to who...you can not change the "law"..

Yes, ARC is hard to get and almost impossible to get if you have been deported. How can CIC trust you the second time, that you will leave Canada after the period of your authorized stay ?

Thanks.

Regards,

Vik Brar
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Halifax-Maple
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Posts: 130
Ratings: +9

« Reply #6 on: May 31, 2010, 05:18:48 pm »

Hello,

If you have been given a departure order and if you do not comply with it within the time limit ...it automatically becomes deportation order. It does not matter who said what to who...you can not change the "law"..

Yes, ARC is hard to get and almost impossible to get if you have been deported. How can CIC trust you the second time, that you will leave Canada after the period of your authorized stay ?
Thanks.
Regards,
Vik Brar

Vik Brar

What you are saying is correct in theory. My understanding is this: everyone in this thread or in the whole forum is in sponsorship family process. Everyone has reached or about to reach the final approval and the PR visa which is subject to ARC. This means that they don't need to leave Canada later because they are approved for PR. My understanding again is this: the visa officers who have been dealing with those particular cases are fully aware of the history of every applicant. If it was impossible to get ARC then it would make sense that immigration should have stopped the process from the start. Plz someone may correct my possible misunderstanding
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vik.brar
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Posts: 24
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« Reply #7 on: May 31, 2010, 08:17:11 pm »

I may be wrong....but i think this law applies to everyone...be it a sponsorship application or any other...

The reason why the VO did not stop the process when it just started...because the applicant has the "right" to apply for ARC. The outcome may be already known.

Lets take an example:
In some cases, if the case is refused, the applicant has the right to appeal. Even if the the whole world knows that appeal will be dismissed, the applicant has the right to appeal.

Same applies here.

Again guys i may be wrong.....more input to this matter will be greatly appreciated.
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tdot.champ
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« Reply #8 on: May 31, 2010, 08:24:24 pm »

a friend of mine is in similar situation....Sad
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Halifax-Maple
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Posts: 130
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« Reply #9 on: May 31, 2010, 11:02:26 pm »

a friend of mine is in similar situation....Sad

Can you tell us more about the situation of your friend?
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kingtreek
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Posts: 117
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« Reply #10 on: June 01, 2010, 02:36:07 am »

so guys you saying that if my officer has told me that the VISA is ready,
and i think it means that the Permanent Landed papiers are in Canada at the Aeroport ready aswell,well i mean that i am Landed Canadian already,
and the ARC is gonna be impossible to get ?
and how long it usully takes guys ? Thank you
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tdot.champ
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« Reply #11 on: June 01, 2010, 09:17:00 am »

Hello,

I am not sure what documents are being requested here besides ARC. I am guessing that the VISA is not ready until you have provided CIC with what they have requested.

I spoke to someone and here is what i found out:

ARC is extremely hard to get for persons "deported" from Canada. It does not really matter under what class they are applying now.(Mentioned by Vik Brar above)

Looking at LouiseMarie's Case, the applicant was deported and never really intended to pay the government for the ticket and $400 until now. NOw the applicant wants to pay for it, so he/she can land in Canada. (The money is paid by the hard working taxpayers). What are the chances, that the applicant won;t do something illegal this time ? or go on social assistance ?

The applicant did not want to leave Canada, and was deported and this could make VO think that he/she is in a marriage of convenience just for immigration.

What do u guys think ?? Huh
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tdot.champ
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Posts: 5
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« Reply #12 on: June 01, 2010, 09:19:50 am »

so guys you saying that if my officer has told me that the VISA is ready,
and i think it means that the Permanent Landed papiers are in Canada at the Aeroport ready aswell,well i mean that i am Landed Canadian already,
and the ARC is gonna be impossible to get ?
and how long it usully takes guys ? Thank you

You are not considered landed immigrant until you actually land at canadian POE.

I am not sure how long does it take...
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vik.brar
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Posts: 24
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« Reply #13 on: June 01, 2010, 04:58:28 pm »

Hello,

Here is some more information that might help. It is available on CIC website:

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.

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 CIC:
♦   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 CIC?
♦   Did the applicant pay for the removal costs?
♦   Was the applicant removed under escort?

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.
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iarblue
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« Reply #14 on: June 01, 2010, 10:40:04 pm »

   True it is based on the reason you were ordered to leave.If you disobeyed the law here and was ordered to leave.And if they gave you a date to leave and you were waiting for their ticket?You had a removal date and should have bought your own ticket and left on the date.
   But why were you ordered to leave Canada?How did you get to Canada?Did you over stay a visa and did not apply for an extension and just stayed,until they found out.Did you cause a crime and were not a PR or Canadian obvious so they told you to get out of Canada.
   These will be factors they will look at.
   If it was a crime that was done and they ordered you to leave you will most likely not get an ARC.If you over stayed a visa because you did not get the extension not so bad.
   But if they gave you a date, and you did not comply because you thought it was their responsiblity to get you a ticket before the date ???That is really your responsibility, as i know they do give out some tickets but, it would have looked a lot better if you had bought your own.
   And now you want to pay the ticket back and the fee because your applying?You should have paid it off a long time ago.
   ARC is a hard process yes but it all really depends on why you were told to leave in the first place.
   And if they told you your visa was ready for pickup,then told you when you got there you need to do the ARC first, because the process was missed,well then thats what you need to do and you will have to be very patient untill they review it,and decide if they are going to let you return to Canada.
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