Authorization to return to Canada.
- Thread starter LouisaMarie
- Start date
He will have to go through ARC first definitely.But you can apply alongside with TRV and OWP and anything is possible with Immigration so long as he didn’t commit any crime.I did the same thing but nothing has been approved yet it now 1year since I did the ARC application.We had a PR application processing but still processing too until his ARC gets approved
I’m going to try and include all pertinent information in order.
My partner and his two kids are American, i am Canadian (living in canada) with two kids. We have been in a relationship since December 2020. They arrived in Canada December 2022, they left before the 6 months in June 2023. Returned to Canada mid June 2023. In July we were informed that our rental was being put up for sale, and by October 2023 it sold and we had to move out by the first of December 2023. We found a new rental and moved in late November 2023. Once we were unpacked and settled (late January 2024) we started working on our inland sponsorship application, but quickly realized that we messed up and didn't apply for an extension for their visitor status. We looked at our options, and decided against restoration of status because they were scheduled to go back to America (March 24 2024) so the kids could visit their mom before we would get a response. We continued with the application and paid for it naively assuming they would be allowed back in and we could submit.
February 17th 2024 my son was diagnosed with type 1 diabetes and that completely turned my world upside down.
They went on their trip back to America and were given a one year exclusion when they tried to return (April 3 2024).
I suffer from chronic pain, anxiety and depression, my youngest son is newly diagnosed type 1 diabetic, and my oldest son is autistic, I don’t have any friends or family close by, I have a house that is too big for the three of us and I can’t afford it on my own. I haven’t been able to work since we moved and I’m not seeing any clear path to do so without significant help at home. We have almost completed the inland sponsorship forms with payment.
We have spoken to an immigration lawyer and she believes we have a strong case. We will obviously submit an Outland application if the ARC is denied, but would much prefer the Inland. I’m struggling to find any specific information about submitting an ARC. I’m just hoping to get some info on how it should be written, how much info should be provided and maybe a guesstimate of how long it may take to get a response.
Thanks.
My partner and his two kids are American, i am Canadian (living in canada) with two kids. We have been in a relationship since December 2020. They arrived in Canada December 2022, they left before the 6 months in June 2023. Returned to Canada mid June 2023. In July we were informed that our rental was being put up for sale, and by October 2023 it sold and we had to move out by the first of December 2023. We found a new rental and moved in late November 2023. Once we were unpacked and settled (late January 2024) we started working on our inland sponsorship application, but quickly realized that we messed up and didn't apply for an extension for their visitor status. We looked at our options, and decided against restoration of status because they were scheduled to go back to America (March 24 2024) so the kids could visit their mom before we would get a response. We continued with the application and paid for it naively assuming they would be allowed back in and we could submit.
February 17th 2024 my son was diagnosed with type 1 diabetes and that completely turned my world upside down.
They went on their trip back to America and were given a one year exclusion when they tried to return (April 3 2024).
I suffer from chronic pain, anxiety and depression, my youngest son is newly diagnosed type 1 diabetic, and my oldest son is autistic, I don’t have any friends or family close by, I have a house that is too big for the three of us and I can’t afford it on my own. I haven’t been able to work since we moved and I’m not seeing any clear path to do so without significant help at home. We have almost completed the inland sponsorship forms with payment.
We have spoken to an immigration lawyer and she believes we have a strong case. We will obviously submit an Outland application if the ARC is denied, but would much prefer the Inland. I’m struggling to find any specific information about submitting an ARC. I’m just hoping to get some info on how it should be written, how much info should be provided and maybe a guesstimate of how long it may take to get a response.
Thanks.
I don't know much about the ARC process, but would strongly suggest submitting an outland application ASAP. Since there is now a process for outland applicants to appy for/get work permits, there is no longer a significant advantage to inland vs outland.
Thank you for your reply. The benefit for doing inland would be not having to pay a second fee (assuming it can’t be transferred to an Outland fee) and his kids would be able to attend school in Canada while it is being processed.
Submit the ARC as soon as you can. It's too bad they overstayed and unfortunately you're living the consequences of these actions.
I would submit the outland application immediately after you apply for the ARC. The inland application requires them to be in Canada.
You don't know if / when the ARC is going to be approved. Sometimes with 1 year exlcusion orders, IRCC doesn't move very quickly and the 1 year ends before the ARC is approved. Even if the ARC is approved faster, it's quite possible you may be waiting months. I would personally get the outland sponsorship application submitted as soon as you have submitted the ARC. Ultimately your call.
Just be prepared that the ARC may not just take a few weeks.
Good luck.
So just to answer a few of your other questions:
- I would work with your lawyer on how to document a strong case for the ARC and what arguments / evidence to use to support your case. There are probably things a lawyer will recommend you focus on and others that a lawyer may suggest you downplay or not mention.
- I'm assuming your lawyer will submit the ARC application for you. If you're looking for them, the instructions are here: https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/inadmissibility/reasons/authorization-return-canada/apply.html
Good luck again.
@scylla Hello dear, I have submitted an ARC and I received an Acknowledgement of Receipt (I believe everyone calls it AOR). The AOR states that Mexico VO has already received the application and it's in queue for review. How much longer do I need to wait to get a decision after and AOR. This ARC is for a TRV application previously a failed case of refugee claimant.
Thanks
Thanks
Hi,
I don't know if you've read about ARC, but the little that there is about processing seems to be intimated rather than spelled out; https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/inadmissibility/reasons/authorization-return-canada.html
Click on how to apply and it seems like the ARC is only available as a piece of an application to enter Canada - temporarily, or permanently. So, you'd be seeking his temporary entry for the purpose of applying inland for permanent residence and I don't think that they'd issue an ARC for that purpose.
A second consideration is that processing ARCs is a low priority against most of the different case-types processed in any office anywhere at any time. The one year exclusion could run out before they entertain the temporary application - time wasted that could be spent on an outland permanent resident application.
You've provided here a lot of information about yourself whereas Canada Immigration is more interested in him. You have to be eligible to sponsor him - that's it. He's the subject of a removal order seeking to reside in Canada temporarily.., not permanently. He wants to remain permanently by entering temporarily (this is IRCC's perspective of wanting one thing while asking the opposite).
If it's a spousal or common-law application then it goes into a priority of some sort. He wants to come temporarily? Pffft, look what happened last time. Also, outland has the right of appeal whereas inland could see a refusal that's absent the sober second look.
Time, expense, recourse - I'd file the outland to begin the long wait. He can try for entry as it progresses.
Good luck, but don't waste time trying to save time.
Last edited: