Overstayed Visitor Visa - Need ARC?

[sephrik]

Hi,

I met my wife in Canada while she was studying a couple of years back and, long story short, I made stupid decisions all over the place causing us to be put into a big mess of a situation. I had always done her paperwork regarding study permits/visitor visas and everything had always gone well. However, last August while trying to extend her visitor visa she got refused and due to a complex situation, we were completely unprepared for it both financially and mentally.

I applied online through the CIC system and got the refusal letter from there, stating that she must leave Canada immediately as her permit had already expired. Because I am an idiot and was completely unprepared for this we ended up overstaying her visa for 4 and a half months before returning back to her home country together. I am now looking into options for returning in the future since we are married now and our situation is a lot better than before. I read that if you get a Departure Order (form number IMM 5238) and leave within 30 days that you don't need to fill out an ARC form (Authorization to Return to Canada).

Here is my question: we have not received any sort of letter by mail or e-mail with the form number IMM 5238. However, we were told that she must leave immediately in her refusal letter. In this case, is an ARC form required to return?

Thanks in advance.

 

[Ponga]

If she left voluntarily, she shouldn't need the ARC, however:

1. Does she have proof to show the date that she left Canada? Since Canada's exit tracking may or may not have captured her departure, she should have something that can be used to corroborate her departure date.

2. It's still possible that a Departure Order was issued, if CBSA was not aware that she had left voluntarily. If there was a letter issued, that could be an issue. As crazy as it must sound, she should contact the CBSA and ask if such a letter was ever issued. If it was, she needs to ask when it was issued and then provide evidence that she had indeed left before that date.


Good luck!