Do I need ARC (Authorization to Return to Canada)

[kjsunj]

Hello..

I was refugee few years ago and my case had failed. It was successful.

So I did all things. Things like Humanitarian and compassionate, Pre-removal risk assessment.

And at the end, I went to CBSA and set my flight date and came back to my country.

My question is I dont know what kind of removal order I was issued.

When I got there in Canada and made my refugee case started, they issued departure order.

That time my refugee case was ongoing. Before I got my refugee decision, I made Humanitarian and compassionate case.

Then I wasn't accepted as refugee so I made Pre-removal risk assessment. Then I got my Pre-removal risk assessment decision. The decision was that I was not accepted.

Right after I got my refugee decision, I did all the thing that immigration wanted me to do. I went to their office whenever they asked me to do and regularly reported myself in their office or over the phone.

Anyway, they sent me back to my country and I lost the paper they gave me. So I do not know what kind of removal order I was issued.

So I asked around and sent few emails to CIS and CBSA and I got an e-mail.

They said, "You are under deemed deportation order."

What does it mean by "deemed"?

Is that person who reply my inquiry think I am deportation? or I was 100% sure I was issued deportation order?

since I am in the country where does not need to apply visitor's visa, or cannot apply visitor's visa, only way to find out is get a flight ticket and kicked out or accept it at the airport?

 

[Leon]

You can still apply for a visitor visa even though your passport doesn't require it. Just fill out a form and send it in and write a cover letter stating that as you are not sure if you were deported and therefore do not know if you need an ARC, you want to apply for a visit visa to find out in order to save you the trip to Canada should you be turned away on entry.

According to http://www.cbsa-asfc.gc.ca/media/facts-faits/051-eng.html it seems that a deemed deportation order is a departure order turned into a deportation order because you did not leave within 30 days of being refused refugee status.

If a person files a claim for refugee protection, a conditional departure order is issued against them and will not come into force until a negative refugee determination decision is made. Once a departure order comes into force, the person subject to removal has a 30-day period in which they can voluntarily comply with their departure requirements. Failure to comply within 30 days of their negative determination decision will result in the departure order to be deemed a deportation order

 

[kjsunj]

Thank you for your reply..

But right after I got my refugee status turned down, I appealed the decision and did some other things.
Like federal court review, H&C and PPRA.. So I believe that I was on legal process.. Reason I was did that was my lawyer(community legal clinic) told me to do that for by some times..

My another question is how can i apply visitor's visa.
I went CIC website to apply visitor visa online and they asked me some questions. Once I selected all the questions answer according to my situation, county etc. it says i dont need visa. so I cannot go on the process.
So if I need ARC, will the immigration say that I need ARC? or they will just say that my application is denied?

 

[Leon]

In order to bypass the website, you can apply on paper. http://www.cic.gc.ca/english/visit/apply-how.asp gives you the link to the paper forms.

You could also just apply for an ARC directly. There are some instructions for it here: http://www.cic.gc.ca/english/information/inadmissibility/arc.asp

Also make sure you include your whole story, how you stayed and appealed based on a lawyers advice, that you left when you appeals were exhausted, why you want to visit now and show some funds as well and ties to your home country like a letter from your employer for example.

 

[PMM]

Hi

In order to bypass the website, you can apply on paper. http://www.cic.gc.ca/english/visit/apply-how.asp gives you the link to the paper forms.

You could also just apply for an ARC directly. There are some instructions for it here: http://www.cic.gc.ca/english/information/inadmissibility/arc.asp

Also make sure you include your whole story, how you stayed and appealed based on a lawyers advice, that you left when you appeals were exhausted, why you want to visit now and show some funds as well and ties to your home country like a letter from your employer for example.

1. The OP stated that s/he got an email stating that CIS and CBSA and I got an e-mail. They said, "You are under deemed deportation order."
2. S/he needs an approved ARC prior to entering Canada, unlikely to be issued for a visit.

 

[chukie]

I know a work friend who sponsored her hubby & recently found out he got deported/removed from another country few years ago!
She been married few years & lived together for 2 but she found out by finding a letter from border agency in that country, he used alias name(s) but came Canada on his real name. I don't know how that was possible with background/police checks etc.
She has confided in me as she is angry, embarrassed & don't know what to tell her family. :-[

She has reported to CBSA & wants to leave, she's scared CBSA may think it was a conspiracy (I hope it wasn't) I feel for her she has a child by him.

What do you think will happen? :-\Does CBSA take long to investigate? Can he be deported again? Are they less lenient if here in his "real name" now? Will she have to testify? Do u think she should leave yet? ???
I don't want her or child to be affected by his actions i think she should stay (for now) keep quiet & wait for outcome (hope its not too long for her)

 

[Leon]

I know a work friend who sponsored her hubby & recently found out he got deported/removed from another country few years ago!
She been married few years & lived together for 2 but she found out by finding a letter from border agency in that country, he used alias name(s) but came Canada on his real name. I don't know how that was possible with background/police checks etc.
She has confided in me as she is angry, embarrassed & don't know what to tell her family. :-[

She has reported to CBSA & wants to leave, she's scared CBSA may think it was a conspiracy (I hope it wasn't) I feel for her she has a child by him.

What do you think will happen? :-\Does CBSA take long to investigate? Can he be deported again? Are they less lenient if here in his "real name" now? Will she have to testify? Do u think she should leave yet? ???
I don't want her or child to be affected by his actions i think she should stay (for now) keep quiet & wait for outcome (hope its not too long for her)

If he lied about this on his application, he could be deported because that is misrepresentation. However, if he had told the truth about it, it would not have stopped him from getting PR. Having lived illegally or having been deported from other countries does not affect people getting PR in Canada if they qualify. She is absolutely not in any trouble with immigration herself. She didn't even know about it.

However, I am thinking there must be more to this story. This is the only problem between them that he did not tell her about being deported from some other country some years ago and she wants to divorce him over that? Even reporting him to immigration? The father of her child? She realizes that if he is deported, her child will grow up without a father? In any case, she has reported him already so she will have to wait and see what happens.

 

[chukie]

If he lied about this on his application, he could be deported because that is misrepresentation. However, if he had told the truth about it, it would not have stopped him from getting PR. Having lived illegally or having been deported from other countries does not affect people getting PR in Canada if they qualify. She is absolutely not in any trouble with immigration herself. She didn't even know about it.

However, I am thinking the
re must be more to this story. This is the only problem between them that he did not tell her about being deported from some other country some years ago and she wants to divorce him over that? Even reporting him to immigration? The father of her child? She realizes that if he is deported, her child will grow up without a father? In any case, she has reported him already so she will have to wait and see what happens.

Hi
Thanks for your quick response, i believe he lied & misrepresented so there is a possibility he be deported.
I don't understand the system I find it bad that one can be illegal & get deported in another country & still able to qualify for PR, depending on the reason for deportation isn't there pardons that have to be made first? In this case he shouldn't & wouldnt have qualified if told the truth to immigration(& his wife)

I also feel there may be more she hasn't told me as to why she done the tip, may be she is unhappy in her marriage he was abusive or he cheated? Even if not I feel its a valid enough reason for her wanting to leave as he lied/kept quiet for so long, what else can he be hiding? I don't want to probe too much was just concerned for the child & her well being.

 

[chukie]

It sounds to me like a marriage of convenience

 

[Leon]

It is not necessarily a marriage of convenience and maybe he did not want to mention having been deported from another country because he was afraid it would ruin his chances to immigrate to Canada.

If he had a criminal record, that could have prevented him from immigrating but if he was deported for overstaying, that is not a crime so that would not have prevented him from immigrating to Canada.

 

[chukie]

She said he was charged on few offences & imprisoned for few years so must have been pretty serious.
That's why he didn't disclose anything because knew wouldn't have been able to enter even if applied in real name & has criminal record in another country.

If he was honest beforehand she probably wouldn't have reacted how she has whether the marriage was rocky or not.

 

[chukie]

I sponsored my hubby I wouldn't want that to happen to me a genuine marriage is based on trust & in her case that wasn't the case so it makes me believe it was for convenience

 

[chukie]

Wow this topic was years ago! Hope Leon and PMM VIP members are still here, dont know if KSUNJ managed to remain in Canada?

As its Covid, I have been WFH and thought to browse and see KSUNJ's outcome, after my work buddy who I posted on here to get advice, recently got in touch. She eventually left and moved abroad and we initially kept in contact as I was concerned for her and child. I hadn't heard from her in a while but then last year said he called with update on the case, which seems to be such a lengthy process.

Can you believe after nearly 9 years and her reporting to (now called) IRCC, he since had another child and last year appealed on H&C grounds? I dont understand how he hasnt been removed/deported already! However, she seems happy now with support from family and in a relationship but wants full closure, for the sake of their child who is a bit confused by it all.
Does anyone know a case to take this long (I know COVID doesnt help) but can he successfully appeal on H&C grounds (with commonlaw) not sure if it went to Federal judge/court but apparently has.to report weekly (or may get warrant) she said he has no valid travel documents. What happens from here? i really hope a decision is made for their sake so they can put this all behind, she also said he doesn't do anything for their child, just makes random calls!!