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ARC Refused so PR application automatically refused

cookie4648

Newbie
Nov 22, 2019
7
0
Hi everyone,

My husband's PR application was refused after 6 years because the VO asked us to submit ARC which we did and that was refused so now they are saying PR is automatically rejected if ARC is refused. What can I do now?
 

scylla

VIP Member
Jun 8, 2010
92,911
20,530
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Hi everyone,

My husband's PR application was refused after 6 years because the VO asked us to submit ARC which we did and that was refused so now they are saying PR is automatically rejected if ARC is refused. What can I do now?
Yes - PR will be refused if the ARC was refused.

Why was the ARC refused?
 

cookie4648

Newbie
Nov 22, 2019
7
0
We still haven't got the refusal letter - The decision made changed in ECAS 2 weeks ago and on January 16th it says they sent us correspondence regarding the decision of the application. But we have not yet received the refusal letter.
 

cookie4648

Newbie
Nov 22, 2019
7
0
What other reasons do they need to make it compelling. We have a 4 year old child now...we lodged the application in 2013. He was failed refugee and returned to his home country. No criminal convictions.
 

Bornlucky

Hero Member
May 15, 2018
610
467
What other reasons do they need to make it compelling. We have a 4 year old child now...we lodged the application in 2013. He was failed refugee and returned to his home country. No criminal convictions.
Hi, without knowing his complete history in Canada one can guess that he may have had criminal charges that were stayed for his removal, or he may have gone underground and did not appear for reporting or removal from Canada. Usually this can be overcome but no one here knows what sort of detrimental information that there might.

I don't know if Visa offices still seek comments from the removal officer, but was he escorted back to his country by CBSA Officers, was he the sort of fellow (back then) who shoots his mouth off while handcuffed in the back of a van (really annoying to enforcement officers). Did he resist removal?

Sometimes an opinion is fashioned that the person concerned demonstrates such a lack of respect for the laws of Canada that the Canadian spouse will have to move to his country, if it's a genuine marriage.

Maybe there are things that he hasn't shared with you, or perhaps he's gotten into some troubles in his home country? People can guess all day.
 

cookie4648

Newbie
Nov 22, 2019
7
0
He was not arrested by the CBSA officers, but he did have to report to them once his refugee claim denied. He paid his own fare back to his country no criminal record in his home country or here. Our sponsorship was approved to the point they asked us for ARC but too bad ARC refused. Waiting for a refusal letter to appeal. Only real victim in all of this will be my child. If I have to return to my husband's home country, I will be taking him away from both sets of grandparents, his only cousin and aunt and uncle. Neither of us have any family back home.
 

Bornlucky

Hero Member
May 15, 2018
610
467
He was not arrested by the CBSA officers, but he did have to report to them once his refugee claim denied. He paid his own fare back to his country no criminal record in his home country or here. Our sponsorship was approved to the point they asked us for ARC but too bad ARC refused. Waiting for a refusal letter to appeal. Only real victim in all of this will be my child. If I have to return to my husband's home country, I will be taking him away from both sets of grandparents, his only cousin and aunt and uncle. Neither of us have any family back home.
It's hard to understand the decision based on what you've said here, so good luck with the appeal.
 

scylla

VIP Member
Jun 8, 2010
92,911
20,530
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
He was not arrested by the CBSA officers, but he did have to report to them once his refugee claim denied. He paid his own fare back to his country no criminal record in his home country or here. Our sponsorship was approved to the point they asked us for ARC but too bad ARC refused. Waiting for a refusal letter to appeal. Only real victim in all of this will be my child. If I have to return to my husband's home country, I will be taking him away from both sets of grandparents, his only cousin and aunt and uncle. Neither of us have any family back home.
I don't think any of us are going to be able to help based on this information. You need to see the notes to understand what has driven the refusal. ARC refusals are relatively rare in these types of cases.
 

cookie4648

Newbie
Nov 22, 2019
7
0
Cookie! What is your current status. I’m in a similar situation
We appealed with IAD as well as federal court… and our lawyer wrote to the department of justice for reconsideration… eventually IRCC agreed to re consider our file with a different officer…this was 2 years ago and we haven’t heard anything since then… we had to obviously withdraw with federal court and iad