Can i apply for express entry After withdrawal my claim

[Kokarof]

hello

I made a mistake before one month and crossed roxam road and i asked for refugee claim then after 3 days I withdrew my claim and now im in my country , i remember that officer said that i will be banned from canada for 5 years im not sure about that because he mix between french and English , any way im planning now to apply for express entry and im qualified i think according to points system

Btw I signed all the papers before my removal and i paid for my removal ticket

Can i still apply ?and how i can be sure that im not banned ?

Thank you

 

[scylla]

Yes - you can apply for Express Entry.

You are not banned. However you will have to go through the ARC process to be able to return to Canada due to your withdrawn refugee claim. The ARC will be processed as part of your Express Entry process. You should expect this will add additional processing time to your overall application.

 

[Kokarof]

Yes - you can apply for Express Entry.

You are not banned. However you will have to go through the ARC process to be able to return to Canada due to your withdrawn refugee claim. The ARC will be processed as part of your Express Entry process. You should expect this will add additional processing time to your overall application.

Ive hear that arc process is for people who leave Canada without informing the canadian immigrantion which i did

 

[scylla]

Ive hear that arc process is for people who leave Canada without informing the canadian immigrantion which i did

That's incorrect. ARCs apply to anyone who has been the subject of a removal order that is a deportation order (rather than a departure order). Typically when you withdraw a refugee claim, you are issued a deportation order. You'll need to look and see what kind of order you were issued.

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/inadmissibility/reasons/authorization-return-canada.html

 

[Kokarof]

That's incorrect. ARCs apply to anyone who has been the subject of a removal order that is a deportation order (rather than a departure order). Typically when you withdraw a refugee claim, you are issued a deportation order. You'll need to look and see what kind of order you were issued.

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/inadmissibility/reasons/authorization-return-canada.html

But as I understand the ARC thing is for people who want to come to canada for visitor or temporary visa
This is what written in the site right?

 

[Buletruck]

No. It applies to any application.

 

[scylla]

But as I understand the ARC thing is for people who want to come to canada for visitor or temporary visa
This is what written in the site right?

No. It applies to anyone wanting to return to Canada. It doesn't matter if that is as a visitor or a permanent resident.

 

[Kokarof]

Yes - you can apply for Express Entry.

You are not banned. However you will have to go through the ARC process to be able to return to Canada due to your withdrawn refugee claim. The ARC will be processed as part of your Express Entry process. You should expect this will add additional processing time to your overall application.

Are you sure im not banned cause im nervous about starting my application then surprised that im banned , and how i can be sure about my situation are there any official authority i can contact ?
Btw roxham road crossing is considered illegal crossing if you don’t know

 

[mosor]

That's incorrect. ARCs apply to anyone who has been the subject of a removal order that is a deportation order (rather than a departure order). Typically when you withdraw a refugee claim, you are issued a deportation order. You'll need to look and see what kind of order you were issued.

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/inadmissibility/reasons/authorization-return-canada.html

That’s incorrect. A refugee is issued a departure order. It’s under regulation 229(2) of the immigration and refugee protection act. It only becomes a deportation order if they don’t confirm departure within 30 days of their withdrawal, which Kalarof stated he did.

According to your link
1. Departure Order (form number IMM 5238)

1. If you received a Departure Order and
   • left Canada within the required 30 days and
   • verified your departure with a Canadian immigration officer at the port of exit
   you do not need an ARC. You may return to Canada subject to normal examination at the port of entry.

 

[mosor]

But as I understand the ARC thing is for people who want to come to canada for visitor or temporary visa
This is what written in the site right?

No it applies to someone who is deported or under exclusion (1 year or 5) to come to Canada for any reason including immigration. Typically they would apply for an authorization to return (ARC), get it then apply for express entry.

Listen if you want to feel better, look at your confirmation of departure form. If the officer clicked the box departure order, you absolutely do not need an ARC. If the officer clicked the box departure order that becomes a deportation order, you do need an ARC. If the officer clicked exclusion order than you need to wait a year and you won’t need an ARC anymore.



From what you told me, I see no reason for the officer to click any box other than departure order.

 

[Kokarof]

No it applies to someone who is deported or under exclusion (1 year or 5) to come to Canada for any reason including immigration. Typically they would apply for an authorization to return (ARC), get it then apply for express entry.

Listen if you want to feel better, look at your confirmation of departure form. If the officer clicked the box departure order, you absolutely do not need an ARC. If the officer clicked the box departure order that becomes a deportation order, you do need an ARC. If the officer clicked exclusion order than you need to wait a year and you won’t need an ARC anymore.



From what you told me, I see no reason for the officer to click any box other than departure order.

i emailed the immigration officer who was responsible for my form and she emailed me this
’’For any information that you require, you would have to ask at the Canadian Embassy in your country. You will not need an Authorization to return because you left Canada before the removal order took effect. For any information on coming to Canada (work or study authorization, etc) you would have to enquire at the Canadian Embassy. ‘’


What do you think

 

[mosor]

i emailed the immigration officer who was responsible for my form and she emailed me this
’’For any information that you require, you would have to ask at the Canadian Embassy in your country. You will not need an Authorization to return because you left Canada before the removal order took effect. For any information on coming to Canada (work or study authorization, etc) you would have to enquire at the Canadian Embassy. ‘’


What do you think

The officer is saying what I have been telling you. You left on a departure order and left within 30 days and therefore you don’t need an authorization to return.

You’re free to apply for any immigration process you like. If you’re applying to visit, work or study you will have to provide stronger evidence you are willing to return to your home country though. If you are applying for express entry then it shouldn’t matter since your stated purpose is to live here.

 

[fattlordclub]

With a Departure Order, you must leave Canada within 30 days after the order takes effect.

• You must also confirm your departure with the CBSA at your port of exit. If you leave Canada and follow these procedures, you may return to Canada in the future provided you meet the entry requirements at that time.
• If you leave Canada after 30 days or do not confirm your departure with the CBSA, your Departure Order will automatically become a Deportation Order. In order to return to Canada in the future, you must obtain an Authorization to Return to Canada (ARC).

 

[fattlordclub]

Key words...................................If you leave Canada and follow these procedures, you may return to Canada in the future provided you meet the entry requirements at that time.

 

[mosor]

He stated he left within 3 says

Key words...................................If you leave Canada and follow these procedures, you may return to Canada in the future provided you meet the entry requirements at that time.

He stated he withdrew his claim and 3 days after her made it and left after confirming departure. He’s within his 30.