ARC Refused so PR application automatically refused

[cookie4648]

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]

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]

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]

What are some reasons they might refuse your ARC?

 

[canuck_in_uk]

What are some reasons they might refuse your ARC?

If they don't believe that the reason to come to Canada is compelling enough to overcome the reason for removal/inadmissibility.

 

[cookie4648]

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]

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]

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]

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]

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.

 

[Achoooieee]

Cookie! What is your current status. I’m in a similar situation

 

[cookie4648]

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

 

[flexiblepen]

Cookie! What is your current status. I’m in a similar situation

What is your situation now? You can add me on whatsapp - 778-996-4648