mirjana.Ilija said:
My husband had his interview this morning and it all went good.Now we are in the next step and they are asking for a ARC form Authorization to Return to Canada. This is 400$ and takes some time...does anyone know currently how long it takes or has anyone read some posts about it? I cant seem to find anything. I cant wait anymore so I will go visit my husband and stay with him until we can come to canada together but just wondering time wise if
Unfortunately i have same situation, I need to apply for arc after my ppr the things I saw on the forum it takes 2 months up to 6 months on some visa offices . I think it depends on your backround checks and did you apply their rules while you were in canada there is some tips about arc I hope it helps and please can you let me know your timeline about arc when it is done thanks .
Authorization to Return to Canada
6.1. Overarching principles for processing ARC applications
Section 52 of IRPA is intended to send a strong message to individuals to comply with
enforceable departure orders. A permanent bar on returning to Canada is a serious consequence
of non-compliance. Consequently, an Authorization to Return to Canada (ARC) should not be
used as a routine way to overcome this bar, but rather in cases where an officer considers the
issuance to be justifiable based on the facts of the case.
Individuals applying for an ARC must demonstrate that there are compelling reasons to consider
an Authorization to Return to Canada when weighed against the circumstances that necessitated
the issuance of a removal order. Applicants must also demonstrate that they pose a minimal risk
to Canadians and to Canadian society. Merely meeting eligibility requirements for the issuance of
a visa is not sufficient to grant an ARC. The decision to grant an ARC should be consistent with
the objectives of the legislation as defined in 3(1)(h) of IRPA.
Effect of pardons on the requirement for an ARC
If the applicant has received a pardon, the effect of this pardon on the requirement for an ARC
should be analyzed before assessing the ARC. The following rules apply when dealing with
pardons:
• Enforced removal order based solely on convictions for which a pardon has been granted
An ARC is required. A pardon removes the underlying criminal inadmissibility with respect to a
particular conviction. However, as the removal order has been enforced, the foreign national
requires an ARC based on A52.
• Unenforced removal order (individual failed to confirm departure or never left Canada) based
solely on convictions for which a pardon has been granted
An ARC is not required. A pardon removes the underlying criminal inadmissibility with respect to a
particular conviction. This renders a removal order based solely on that conviction ineffective. As
the removal order has not been enforced, and can no longer be enforced, the foreign national
does not require an ARC.
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• Unenforced removal order based on convictions for which a pardon has been granted and on
other grounds of inadmissibility
A pardon removes the underlying criminal inadmissibility with respect to a particular conviction.
However, the removal order is based on additional grounds to the pardoned conviction. As the
removal order remains effective, it should be enforced. Once the removal order is enforced, an
ARC is required.
• Person who lost permanent resident status pursuant to A46(1)(c) who later receives a pardon
for the conviction on which the removal order was based
Such a person is now a foreign national. A pardon removes the underlying criminal inadmissibility
with respect to a particular conviction. The pardon does not reverse the loss of permanent
resident status. The requirement for an ARC depends on whether the removal order was
enforced, as explained in the examples above.
6.2. Factors to consider when assessing an ARC application
• The severity of the IRPA violation that led to the removal.
• The applicant’s history of cooperation with CIC:
Are there any previous immigration warrants?
Did the applicant fail to appear for any hearing or removal?
Did the applicant comply with the terms and conditions of the document issued by CIC?
Did the applicant pay for the removal costs?
Was the applicant removed under escort?
In most cases, a proper assessment of these factors will require contacting the office responsible
for the removal. If there is evidence of criminal activity, officers may consult with Canadian law
enforcement authorities and ask for a local police certificate.
• The reasons for the applicant’s request to return to Canada:
Do compelling or exceptional circumstances exist?
Are there alternative options available to the applicant that would not necessitate
returning to Canada?
Are there factors that make the applicant’s presence in Canada compelling (e.g., family
ties, job qualifications, economic contribution, temporary attendance at an event)?
Are there children directly implicated in the application whose best interests should be
considered?
Can the applicant support him or herself financially?
How much time has passed since the infraction that led to the removal order?
How long does the applicant intend to stay in Canada?
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Are there tangible or intangible benefits that may accrue to Canada or the person
concerned?
Bona fide marriages, attendance at the funeral of a family member or acceptance under a
provincial nominee program are examples of factors that would normally constitute a “compelling
reason” for returning to Canada. However, no one factor alone should automatically serve to
override concerns related to the safety of Canadians and the security of Canadian society.
Other considerations
When assessing an A34/35/37 application, CIC must consult the National Security Division of the
Canada Border Services Agency (CBSA).
If an applicant is inadmissible on grounds other than those cited in the previous removal order
(i.e., medical, criminality, security), they must apply for and obtain a temporary resident permit
(TRP). In cases of criminal inadmissibility, a rehabilitation decision (or the applicant is deemed to
have been rehabilitated) or a pardon (a foreign pardon or one issued by the National Parole
Board) will also be necessary. A TRP does not overcome the need for an ARC.
An ARC can be granted for return to Canada as a permanent resident, for a one-time visit, or for
occasional entries for a specified purpose (e.g., medical treatments, work-related activities) over a
prescribed period.
If an applicant requires an ARC but has not submitted fees, a letter should be sent explaining the
requirement for an ARC. If no response is received within 90 days, the application may be refused
under A41 and A52(1). Please refer to Appendix H for a sample letter.
If the Department defrayed the costs of multiple removals, the entire amount of removal-related
expenses must be recovered. The cost recovery fee applies to each application.
Any individual who has a right of appeal before the IAD as per A63 can appeal a negative ARC
decision to the IAD.
6.3. The download of previously deported persons into CPIC
Data on previously deported persons (PDPs) is downloaded into the Canadian Police Information
Centre (CPIC) database. CPIC is a computerized database that provides tactical information on
crimes, criminals and public safety. It is the only national information-sharing system in the
country that links criminal justice and law enforcement partners across Canada and
internationally.
The primary objective for entering data on PDPs into CPIC is to enhance public safety and
security by providing peace officers with the necessary information to form reasonable grounds to
believe that the person may be arrested without a warrant under A55(2)(a). The CPIC-PDP
database will equip peace officers across Canada with information that a foreign national has
been deported from Canada and has returned to Canada without authorization under A52(1), and
that at the time of the person’s removal, there were reasonable grounds to believe that the person
was a danger to the public and/or was unlikely to appear.
In such cases, the deportee will be added to the FOSS-PDP database and a previous deportee
(PREV.DEP) flag will be enabled in FOSS. When a name is queried in CPIC and it is a direct
match to a person found in the PDP database, the information on CPIC will instruct law
enforcement partners in Canada to contact the Immigration Warrant Response Centre (IWRC) for
further assistance.
Information on individuals in the CPIC-PDP database originates from the FOSS-PDP database.
See ENF 11, section 17.1, for more information on who will be added to the FOSS-PDP database,
and ENF 11, section 17.2, for more information on who will be added to the CPIC–PDP database.
As part of the PDP initiative, visa offices outside Canada play a critical role in ensuring that the
PDP information in FOSS and CPIC is accurate. In doing so, a PDP will be removed from FOSS
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and/or CPIC only after a positive decision on the ARC has been electronically completed in
CAIPS.
For further background information on the requirements for PDPs to be added to the FOSS and/or
CPIC database, see ENF 11, section 13 (Verifying departure).
6.4. Who requires an ARC? (Under the authorization of the Minister of Citizenship and
Immigration)
Under A52(1), a foreign national must obtain a written ARC after the enforcement of any of the
following removal orders:
• a deportation order (lifetime ban from returning to Canada) [R226];
• a departure order that becomes a deportation order (lifetime ban from returning to Canada)
[R224(2)];
• an exclusion order:
one-year ban [R225(1)];
two-year ban [R225(3)].
Before an application for an ARC can be considered, the removal order must first be enforced. A
removal order can be enforced by two methods: either at a POE, or at a visa office outside
Canada pursuant to R240(1) or R240(2). A removal order is enforced under these provisions only
after an officer has issued a Certificate of Departure (IMM 0056B). For further information on
enforcing a removal order at a visa office outside Canada, see ENF 11, section 13.5.
Note: Persons who have been issued any removal order on the basis that they are an accompanying
family member under A42(b) do not require an ARC.
6.5 Issuing an Authorization to Return to Canada (IMM 1203B)
At visa offices outside Canada, only a program manager, deputy program manager, or operations
manager has the designated authority (see item 35 of IL 3 at
http://www.ci.gc.ca/Manuals/index_e.asp) to sign an IMM 1203B and enter the decision on the
ARC screen in CAIPS. An ARC is issued to overcome a removal order.
There are two mandatory steps in issuing an ARC:
• complete the ARC screen on CAIPS; and
• complete IMM 1203B (granted) or IMM 1202B (denied), both of which are available on CIC
Explore.
The rationale for the decision to grant or deny must be fully explained in the Remarks field of the
ARC document.
For further information on completing the ARC screen, refer to the CAIPS User Guide.
In addition to an ARC, applicants from non-visa-exempt countries will also require a temporary
resident visa. For permanent residence applicants, officers should note in the Remarks block of
the Confirmation of Permanent Residence (IMM 5292B) that Authorization to Return to Canada
was granted [A52(1)]. All applicable cost recovery fees must be paid prior the issuance of an
ARC.
Officers should:
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• make two copies of the original IMM 1203B;
• give the original to the applicant;
• send one copy to the office that removed the applicant from Canada;
• send the second copy to the Microfilm Unit, Records Section, Information Management and
Technologies Branch (BIM), CIC, NHQ, 2/F, Jean Edmonds Tower North, 300 Slater, Ottawa,
Ontario, K1A 1L1;
• inform applicants that they must present the IMM 1203B at a port of entry.
If applicants arrive at the port of entry without an IMM 1203B, they may be reported under A44(1)
for non-compliance for not having obtained the Authorization to Return to Canada as required
under A52(1).
Note: The ARC document should be used to grant the Authorization to Return to Canada whenever
written authority is required (including exclusion orders). Its use is not limited to previous deportees
where the PREV.DEP flag is enabled.
6.6. Effect of ARC decisions on the PDP database
Where there is a PREV.DEP flag enabled in FOSS, the effect
