Mixed up ARC and permanent resident (family class).

[Marco2011]

Hi! I have a question what to do or don't

I was issued a exclusion order on 19 march 2011 till 19 march 2012 for overstaying my visitor's visa (a ban for 1 year).
No criminality or whatever, just a plain exclusion order (I have the certificate of departure).
I left Canada at 19 march 2011.

I applied for permanent resident under spouse sponsor ship in November 2011, my spouse got approved to sponsor me in November 2011, and my file was transferred to the visa office on December 2011, AOR on 28-12-2011.
On 02-01-2012 I got a letter from visa office requesting my birth certificate (what I send out the day after), and they send me my original photos and certificates back. So far so good!

On 16-01-2012 I got a email:

Dear Mr........,
This concerns your application for permanent residence.

Please note that you must apply for an Authorization to Return to Canada (ARC) before we can proceed with your permanent residence application.
You also have to pay the Repayment of Deportation Expenses.
Kindly quote (my file number) on your ARC application.
Kind regards,
Immigration section

I filled out the application and paid all fees, and send out all the needs for the ARC on 17-01-2012.

Now my questions:
My exclusion order is over on 19-03-2012
Are they going to drop the ARC application after that date, and proceed with my permanent resident application?
Why didn't they proceed to finish off my permanent resident application, and then tell me to apply for ARC?
Why only proceed after I request for ARC?
Aren't they two separate applications who could be worked out near each other?

 

[SenoritaBella]

Now my questions:
My exclusion order is over on 19-03-2012
Are they going to drop the ARC application after that date, and proceed with my permanent resident application?
The ban expires on that date, but your ARC must be granted before they will proceed with the PR application.

Why didn't they proceed to finish off my permanent resident application, and then tell me to apply for ARC?
There is no point granting PR status to someone who is not authorized to re-enter Canada. By the way, there is no guarantee that the ARC will be granted.

Why only proceed after I request for ARC? See above.
Aren't they two separate applications who could be worked out near each other? On paper yes, but you broke the law and that must be resolved first before anything else.

 

[missmymexi]

I was curious about the same thing, my fiance was given an exclusion order in August 2011 and we are now applying for sponsorship. Originally i was under the impression that he would not need the ARC as his 1 year ban would be over by the time anything is approved but what i am understanding here is that we need the ARC to even submit for sponsorship ? Is this correct ?

oh and curious about the renumeration you had to return for your departure, we were told that it was $1200 regardless of what they actually paid for the ticket, you do not need to disclose, just curious

 

[NBaker]

Had you waited to apply after the 1 year ban on return ARC would not be involved, but since application was made prior to the 1 year ban concluding ARC is required regardless of whether the application is finished before the 1 year is up or not.

 

[missmymexi]

Thank you NBaker, looks like we have some more paperwork to gather then, I am assuming our lawyer has thought of this, i would assume this is probably one of the last steps ...