Urgent help! Appeal and court date

[soheilhs]

I would like to know if I will need to apply for the ARC - authorization to return to Canada - or if we will receive it automatically as part of the application?
Thank you again!

What application do you mean? if thats the TRP, No you do not need to apply seperately for ARC. ARC will be dealt within the context of that application (TRP)

if you mean sponsorship application, I believe you still have to apply for trp until a decision on your sponsorship application is made. Anywat check it with your lawyer.

 

[david_savard]

What application do you mean? if thats the TRP, No you do not need to apply seperately for ARC. ARC will be dealt within the context of that application (TRP)

if you mean sponsorship application, I believe you still have to apply for trp until a decision on your sponsorship application is made. Anywat check it with your lawyer.

Perhaps my understanding is not great.

Since we won the appeal, we are no longer planning on applying for the TRP, instead we will wait for the decision which should be made in the next year.

My question is, in the regular process of continuing our application, if it is approved, will they provide her an ARC or will that be n longer be needed?

Thanks

 

[soheilhs]

My question is, in the regular process of continuing our application, if it is approved, will they provide her an ARC or will that be n longer be needed?

Thanks

when sponsorship application is approved, she wont be inadmissible anymore. No ARC is required.

 

[canuck_in_uk]

when sponsorship application is approved, she wont be inadmissible anymore. No ARC is required.

She was deported. An ARC is required regardless.

 

[soheilhs]

She was deported. An ARC is required regardless.

Maybe I am wrong, but h&c application processed to overcome inadmissibility. having said that she was not a PR, at the time she was deported. ( She was visiting Canada ) . So, if she wants to come back now, once the PR application is under process, she has to obtain ARC ( along with TRP )

But once her PR visa is approved, that means she is admissible. That's why I beleive no ARC is required if she is landing as a new immigrant with PR Visa.

 

[Buletruck]

Maybe I am wrong, but h&c application processed to overcome inadmissibility. having said that she was not a PR, at the time she was deported. ( She was visiting Canada ) . So, if she wants to come back now, once the PR application is under process, she has to obtain ARC ( along with TRP )

But once her PR visa is approved, that means she is admissible. That's why I beleive no ARC is required if she is landing as a new immigrant with PR Visa.

The issue is that once you are deported, you are inadmissible to Canada, regardless of the type of application. That's why you need an ARC. Spousal sponsorship doesn't overcome inadmissibility.

 

[canuck_in_uk]

Maybe I am wrong, but h&c application processed to overcome inadmissibility. having said that she was not a PR, at the time she was deported. ( She was visiting Canada ) . So, if she wants to come back now, once the PR application is under process, she has to obtain ARC ( along with TRP )

But once her PR visa is approved, that means she is admissible. That's why I beleive no ARC is required if she is landing as a new immigrant with PR Visa.

Again, she was deported, so an ARC is required regardless.

 

[soheilhs]

The issue is that once you are deported, you are inadmissible to Canada, regardless of the type of application. That's why you need an ARC. Spousal sponsorship doesn't overcome inadmissibility.

Again, she was deported, so an ARC is required regardless.

Thank you both. So you guys are sure that once an officer issue the PR visa based on the h&c factor to overcome inadmissibility, it won't come along with ARC by default and the Applicant must apply for one regardless of having the PR visa on hand. Logically this does not make sense but I am looking into the operational instructions to see if I find any section related to this matter.

 

[canuck_in_uk]

Thank you both. So you guys are sure that once an officer issue the PR visa based on the h&c factor to overcome inadmissibility, it won't come along with ARC by default and the Applicant must apply for one regardless of having the PR visa on hand. Logically this does not make sense but I am looking into the operational instructions to see if I find any section related to this matter.

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

If you are applying to come to Canada for any reason, (visiting, studying, working or immigrating), you should not submit a separate application for an ARC. If your application is approved, the ARCwill be dealt within the context of that application. You will simply be asked to submit the fee.

 

[david_savard]

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

If you are applying to come to Canada for any reason, (visiting, studying, working or immigrating), you should not submit a separate application for an ARC. If your application is approved, the ARCwill be dealt within the context of that application. You will simply be asked to submit the fee.

I have to say you went beyond what I was expecting. That was also my understanding and this confirms my assumption.

The H&C does take care of the inadmissibility therefore the ARC should no longer be required.

 

[k.h.p.]

Help please......Good morning.

I live in the US. My husband lives in Canada. Filed sponsorship since last June still waiting. Can I apply for a SIN with my application for sponsorship still in process?

1. No.
2. Please don't hijack threads. Start your own.

 

[JBucky]

I’m sorry if I did something wrong I just came across this and asked a question. Thank you for answering and please do have yourself a wonderful day.

1. No.
2. Please don't hijack threads. Start your own.

 

[soheilhs]

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/inadmissibility/reasons/authorization-return-canada.html
If your application is approved, the ARCwill be dealt within the context of that application. You will simply be asked to submit the fee.

exactly this was my point. So No ARC if her PR application is approved.

Once her PR visa is approved, that means she is admissible. That's why I beleive no ARC is required if she is landing as a new immigrant with PR Visa.

 

[canuck_in_uk]

I have to say you went beyond what I was expecting. That was also my understanding and this confirms my assumption.

The H&C does take care of the inadmissibility therefore the ARC should no longer be required.

exactly this was my point. So No ARC if her PR application is approved.

??

Did either of you read what I posted? It clearly states that the ARC will be dealt with in the context of the app and the fee will be requested. This very clearly indicates an ARC is still required.

 

[soheilhs]

??

ARC is still required.

ARC WILL AUTOMATICALLY BE PART OF THE PR APPLICATION. No separate application is required. Fee however may be requested by IRCC at some point.