ARC is Approved.... What Visa to Live/Work in Canada?

[arussell1983]

I am a Canadian currently living/working in USA on L1 visa, with my wife and son who have L2 visa.
My wife has a Mexican passport and has an approved ARC since 2 years ago. Our son has a Canadian passport.
We have entered Canada about 5-6 times since her ARC was issued, each time for family visits <7 days. We always get pulled for questioning however never had any issues passing thru immigration.
My L1 company is sending me back to Canada later this year.
What type of visa does my wife require for her to live and work in Canada?

 

[canuck_in_uk]

I am a Canadian currently living/working in USA on L1 visa, with my wife and son who have L2 visa.
My wife has a Mexican passport and has an approved ARC since 2 years ago. Our son has a Canadian passport.
We have entered Canada about 5-6 times since her ARC was issued, each time for family visits <7 days. We always get pulled for questioning however never had any issues passing thru immigration.
My L1 company is sending me back to Canada later this year.
What type of visa does my wife require for her to live and work in Canada?

You will need to sponsor her for PR.

Why does she require an ARC?

Does your son have a Canadian passport?

 

[arussell1983]

She had a previous deportation order from 2006.
Yes our son has a Canadian passport.

Is a PR likely for someone with an ARC?
Would there be an option for a Temp Res Visa? Or an easier/quicker process if she does not work?

 

[canuck_in_uk]

She had a previous deportation order from 2006.
Yes our son has a Canadian passport.

Is a PR likely for someone with an ARC?
Would there be an option for a Temp Res Visa? Or an easier/quicker process if she does not work?

Yes, she can get PR.

She can enter as a visitor. You can apply for inland sponsorship with an OWP once you are both in Canada (the OWP takes around 4 months from date of submission) or you can apply now outland.

 

[arussell1983]

Yes, she can get PR.

She can enter as a visitor. You can apply for inland sponsorship with an OWP once you are both in Canada (the OWP takes around 4 months from date of submission) or you can apply now outland.

Sorry, but I'm surprised you suggest my wife to enter as a Visitor in this case.
When we make the one-way relocation flight to Canada it will be for the purposes to Live (at least for a few years) and for my wife to possibly Work (not essential requirement). Shouldn't we have some sort of Visa in hand prior to entering Canada?

 

[canuck_in_uk]

Sorry, but I'm surprised you suggest my wife to enter as a Visitor in this case.
When we make the one-way relocation flight to Canada it will be for the purposes to Live (at least for a few years) and for my wife to possibly Work (not essential requirement). Shouldn't we have some sort of Visa in hand prior to entering Canada?

From what you've said, if she wants to come to Canada before PR, she has no other option but to enter as a visitor. There is no special visa for spouses of Canadians. If she wants to come to Canada on a work or study permit, she will need to independently qualify for that.

She doesn't have the right to live in Canada. That is what the sponsorship app is for. Either she comes as a visitor or she waits for an outland sponsorship app to be completed and enters as a PR.

 

[arussell1983]

From what you've said, if she wants to come to Canada before PR, she has no other option but to enter as a visitor. There is no special visa for spouses of Canadians. If she wants to come to Canada on a work or study permit, she will need to independently qualify for that.

She doesn't have the right to live in Canada. That is what the sponsorship app is for. Either she comes as a visitor or she waits for an outland sponsorship app to be completed and enters as a PR.

Thanks again for your help.

But will an immigration officer let my wife enter on an eTA if we clearly state that our intentions are to immediately submit a PR+OWP application? Do you see any issue with that, particularly due to the ARC? (we always get pulled for additional screening and review of documentation).

 

[canuck_in_uk]

Thanks again for your help.

But will an immigration officer let my wife enter on an eTA if we clearly state that our intentions are to immediately submit a PR+OWP application? Do you see any issue with that, particularly due to the ARC? (we always get pulled for additional screening and review of documentation).

No one can guarantee she will be allowed to enter. It is generally advised to not volunteer to CBSA the fact that you plan to apply for PR in Canada.

 

[canuck78]

As a Canadian you can start the outland sponsorship right now. Really depends on when you plan on returning to Canada.

 

[soheilhs]

She had a previous deportation order from 2006.
Yes our son has a Canadian passport.

Is a PR likely for someone with an ARC?
Would there be an option for a Temp Res Visa? Or an easier/quicker process if she does not work?

Hello, What was the ground for inadmissibility and consequently deportation order?
I suspect criminality. If it was A36.1. Then what was the crime, sentence, any time in prison, etc? these are important to know. Have you applied for rehabilitation/or record suspension if the crime has occurred in Canada ?

 

[arussell1983]

Hello, What was the ground for inadmissibility and consequently deportation order?
I suspect criminality. If it was A36.1. Then what was the crime, sentence, any time in prison, etc? these are important to know. Have you applied for rehabilitation/or record suspension if the crime has occurred in Canada ?

Soheils,
No past criminal history. There was 2 years inadmissibilty for Misrepresentation in 2010. Obtained ARC in 2018.
Do you think this impacts the approach of an inland PR+OWP?

 

[scylla]

Soheils,
No past criminal history. There was 2 years inadmissibilty for Misrepresentation in 2010. Obtained ARC in 2018.
Do you think this impacts the approach of an inland PR+OWP?

No - should not impact.

 

[soheilhs]

Soheils,
No past criminal history. There was 2 years inadmissibilty for Misrepresentation in 2010. Obtained ARC in 2018.
Do you think this impacts the approach of an inland PR+OWP?

No, impact As mentioned by Scylla. But I still wonder why should you get an ARC in 2018 for such ground?( which you did not need it ) On the other hand, you earlier mentioned the deportation order enforced in 2008. but also charged for misrep in 2010? what was the deportation ground in 2008?

No - should not impact.

 

[scylla]

No, impact As mentioned by Scylla. But I still wonder why should you get an ARC in 2018 for such ground?( which you did not need it ) On the other hand, you earlier mentioned the deportation order enforced in 2008. but also charged for misrep in 2010? what was the deportation ground in 2008?

I believe OP was issued a deportation order. If someone has a deportation order, they need an ARC to return.

 

[soheilhs]

I believe OP was issued a deportation order. If someone has a deportation order, they need an ARC to return.

Yes this is the only possible scenario.

But this is still confusing if “Deportation enforced in 2008 “ And Charge for Misrep later implied on 2010” , what was the ground for 2008 removal order?