Confusion about when ARC is required.

[monarch]

Looking for information for my family member on if an ARC is required under these circumstances:
Spouse is currently applying for immigration to Canada as permanent resident Spousal Family Class Sponsorship.
Spouse was previously issued a removal order to leave Canada (this was previous to being married and before application for sponsorship).
Departure from Canada was confirmed and one year was completed as per conditions of removal order.
Have since returned to Canada for a 2 week vacation without any problems and then returned to home country.
Now immigration is asking that an application for ARC be completed because of being subject to "deportation" from Canada.
I would like to know if the ARC is necessary as it was not a deportation order, it was a removal order and the condition of one year not returning to Canada has been met.
Anyone have any knowledge or previous experience with this situation? Your replies would be appreciated.

 

[PMM]

Hi

Looking for information for my family member on if an ARC is required under these circumstances:
Spouse is currently applying for immigration to Canada as permanent resident Spousal Family Class Sponsorship.
Spouse was previously issued a removal order to leave Canada (this was previous to being married and before application for sponsorship).
Departure from Canada was confirmed and one year was completed as per conditions of removal order.
Have since returned to Canada for a 2 week vacation without any problems and then returned to home country.
Now immigration is asking that an application for ARC be completed because of being subject to "deportation" from Canada.
I would like to know if the ARC is necessary as it was not a deportation order, it was a removal order and the condition of one year not returning to Canada has been met.
Anyone have any knowledge or previous experience with this situation? Your replies would be appreciated.

If it was a one year exclusion order then s/he doesn't require an ARC. CIC/CHC has someone who has not checked the system correctly and has confused an exclusion order with a deportation order. The only probably maybe if the person didn't check with Immigration before leaving Canada. If that has happened, the exclusion order was not confirmed.

 

[Halifax-Maple]

Hi

If it was a one year exclusion order then s/he doesn't require an ARC. CIC/CHC has someone who has not checked the system correctly and has confused an exclusion order with a deportation order. The only probably maybe if the person didn't check with Immigration before leaving Canada. If that has happened, the exclusion order was not confirmed.

Have you noticed what she said above: "Have since returned to Canada for a 2 week vacation without any problems and then returned to home country".

 

[PMM]

Hi

Have you noticed what she said above: "Have since returned to Canada for a 2 week vacation without any problems and then returned to home country".

Yes, I did, if it was within the 1 year period, got lucky. If it was outside it was fine or the officer never checked FOSS.

 

[monarch]

No, he returned to Canada after the 1 year exclusion order. My daughter got through to immigration call line and they said that yes her spouse needs an ARC. I don't really understand why, when he has already came here to visit and he didn't require one. Perhaps immigration is different then just visiting.
I also felt that he wouldn't need one because it was an exclusion, not a deportation. And yes, immiigration has the papers to prove that he checked out through customs when he left. But who am I to argue with immigration?
Maybe they will call again and talk to someone else and see if she gets the same answer. $400 is expensive and it will add to the time for processing so it would be nice if he didn't need it.