Applying for ARC (authorization to return tocanada) after Exclusion Order, Help!

[paublue]

I loved Vancouver so much that I couldn't go more than a couple months before returning. Eventually, I decided that I needed to pack up my life, and relocate there. After months of job searching I landed my dream job. I moved there approximately a month ago, even though my LMO was not processed and I could not work legally. Last week I went on vacation for a wedding, and upon returning to Canada, I was not allowed entry because I told the officer that I had been in the office getting to know the family/company that I was about to work for. I was then given an Exclusion Order which does not allow me to return to Canada for an entire year. This is devastating for me, since my job, car, apartment, and all my belongings are stuck in Vancouver. After contacting many attorneys, it has become clear that appealing the decision isn't an option, since this process can take up to a year anyways.

My LMO should arrive in the next couple weeks. It has been suggested to me that I should apply for an ARC (Authorization to Return to Canada) to gain entry prior to the 12 month mark. My questions are as follows.

1. Should I mail out my ARC now, or should I wait until my LMO arrives, and send it with my Work Permit application?
2. I am fully qualified for the Skilled Worker BC PNP (permanent residency) program, but my company is weary of this idea because the last person that they sponsored for permanent residency quit their company soon after getting accepted. Would it increase my chances of succes with the ARC if I mailed it in with the BC PNP Skilled Worker application, rather than the standard 3 year temporary work permit?
3. Are there any good online resources that offer ARC letter writing tips?

Thank you for your help! I've spoken to many people, and it is difficult to find any concrete information on the topic. And as you probably know, speaking with a real live Canadian from immigration is pretty much imposible.

Any and all information is helpful!

 

[PMM]

Hi

I loved Vancouver so much that I couldn't go more than a couple months before returning. Eventually, I decided that I needed to pack up my life, and relocate there. After months of job searching I landed my dream job. I moved there approximately a month ago, even though my LMO was not processed and I could not work legally. Last week I went on vacation for a wedding, and upon returning to Canada, I was not allowed entry because I told the officer that I had been in the office getting to know the family/company that I was about to work for. I was then given an Exclusion Order which does not allow me to return to Canada for an entire year. This is devastating for me, since my job, car, apartment, and all my belongings are stuck in Vancouver. After contacting many attorneys, it has become clear that appealing the decision isn't an option, since this process can take up to a year anyways.

My LMO should arrive in the next couple weeks. It has been suggested to me that I should apply for an ARC (Authorization to Return to Canada) to gain entry prior to the 12 month mark. My questions are as follows.

1. Should I mail out my ARC now, or should I wait until my LMO arrives, and send it with my Work Permit application?
2. I am fully qualified for the Skilled Worker BC PNP (permanent residency) program, but my company is weary of this idea because the last person that they sponsored for permanent residency quit their company soon after getting accepted. Would it increase my chances of succes with the ARC if I mailed it in with the BC PNP Skilled Worker application, rather than the standard 3 year temporary work permit?
3. Are there any good online resources that offer ARC letter writing tips?

Thank you for your help! I've spoken to many people, and it is difficult to find any concrete information on the topic. And as you probably know, speaking with a real live Canadian from immigration is pretty much imposible.

Any and all information is helpful!

1. Actually you have more than 1 problem.
2. If you apply for the ARC now, without the LMO then it is unlikely to be approved.
3. Secondly it appears that you got the exclusion order for working without permission. If that is so you are not eligible to APPLY for a work permit, until you have been outside Canada for 6 months.
4. Apply for PNP proves nothing unless you have been accepted by BC.

 

[paublue]

Thank you for your information!!!! Are you sure that I have to wait for 6 months? (This is terrible news. I haven't seen this 6 month wait period anywhere until now, but thanks again, you just saved me $400!)

3. Secondly it appears that you got the exclusion order for working without permission. If that is so you are not eligible to APPLY for a work permit, until you have been outside Canada for 6 months.

 

[scylla]

Thank you for your information!!!! Are you sure that I have to wait for 6 months? (This is terrible news. I haven't seen this 6 month wait period anywhere until now, but thanks again, you just saved me $400!)

3. Secondly it appears that you got the exclusion order for working without permission. If that is so you are not eligible to APPLY for a work permit, until you have been outside Canada for 6 months.

The six month rule applies if you received an exclusion order for working illegally.

If you just received an exclusion order (with no mention of working illegally), then the six month rule doesn't apply.

 

[paublue]

Do I need to wait 6 months? Here is what my report says:
_________________________________________________________

In accordance with Subsection 44 (1) of the immigration and refugee protection act, I hereby report that: John Doe

Is a person who is: A foreign National who has not been authorized to enter Canada.

And who, In my opinion, is inadmissible pursuant to:
Subsection 41 (a) in that, on balance of This report is based on the following:

That John Doe:
- Is seeking entry to work as a technician
- Is not in possesson of a valid and subsisting work permit or labour market opinion as prescribed by regulations.

I hereby make an exclusion order against you pursuant to the immigration and refugee protection act and regulations, 2001, Because I am satisfied that you are a person described in:

Paragraph 41(a) in that, on a balance of probabliities, there are grounds to believe is a foreign national who is inadmissible for failing to comply with this act through an act or ommission which contravenes, directly or indirectly, a provision of this act, specifically, The requirement of paragraph 20(1)(b) of the act that every foreign national, other than a foreign national referred to in section 19, who seeks to enter or remain in canada must establish, to become a temporary resident, that they should hold the visa or other document required undre the regulations. The requirement of SEction 8 of the regulations that a foreign national may not enter Canada to work without first obtaining a work permit.

I fully understand the above decision, I also fully understand that I must not come into Canada without the written consent of the Minister of Citizenship and Immigration at any time during the one-year period immediately following the day on which I am removed or otherwise leave Canada.

 

[paublue]

I received the Exclusion Order for being in the office of my company, but I was never paid, nor does this report say that I was working.

Thank you for your help...The attorneys that I contacted want way more money than I can afford, and told me that chances of success would not be worth it for me.

I now have to figure out if I can send out my work permit and ARC once the LMO arrives, or if I should wait the 6 months. I've still having trouble finding any information on this 6 months you are discussing.

 

[NRetha]

I received the Exclusion Order for being in the office of my company, but I was never paid, nor does this report say that I was working.

Thank you for your help...The attorneys that I contacted want way more money than I can afford, and told me that chances of success would not be worth it for me.

I now have to figure out if I can send out my work permit and ARC once the LMO arrives, or if I should wait the 6 months. I've still having trouble finding any information on this 6 months you are discussing.

Paublue,

According to Canada Border Service Canada Website :

Types of removal orders

If either a CBSA officer or a member of the IRB's Immigration Division determines that a person has breached the Immigration and Refugee Protection Act, he or she may issue one of the following removal orders:

Departure order: A departure order requires that the person leave Canada within 30 days after the order becomes enforceable.

Exclusion order: A person who has been removed as a result of an exclusion order cannot return to Canada for one year unless the written permission of the CBSA is obtained. However, people who are issued exclusion orders for misrepresentation cannot return for two years without written authorization from the CBSA.

Deportation order: A person who has been removed as a result of a deportation order is permanently barred from returning to Canada. Such people may never return unless they receive written permission from the CBSA.

All three removal orders require the person concerned to confirm his or her departure from Canada with the CBSA.

A departure order automatically becomes a deportation order when someone who has been issued a departure order does not leave Canada as required or leaves Canada without confirming his or her departure with the CBSA.

Departure and exclusion orders are usually issued for less serious violations.

If a person is issued a removal order and files a claim for refugee protection, the removal order does not come into force until the claim has been decided. If the claim for protection is accepted, the removal order is cancelled. Unsuccessful claimants who had conditional departure orders issued against them must leave Canada within 30 days of the date of the final determination of the claim or the order becomes enforceable.

In all cases, the individuals and their authorized representatives are informed of the reasons for the removal and are given a copy of the removal order. Family members in Canada who are dependants of the person subject to a removal order may be included in the removal order provided they are not Canadian citizens or permanent residents 19 years of age or over.



I am in simillar situation as you. I was deported from Canada in September 2012 due to negative refugee application. I was informed by CBSA officer that there is a chance for me to return to Canada if I can get LMO from my employer and apply to ARC. According to CBSA officer, the Canada embassy will see both applications at the same time, which means I have to pay $150 for work visa and $400 for the ARC I guess. But I will still ask the embassy officer whether I have to apply both application at the same or not.

My positive LMO has arrived 2 days ago, and I will go to Canada Embassy in the next few days. I will keep you updated

Best Of luck!

 

[SenoritaBella]

"Paragraph 41(a) in that, on a balance of probabliities, there are grounds to believe is a foreign national who is inadmissible for failing to comply with this act through an act or ommission which contravenes, directly or indirectly, a provision of this act, specifically, The requirement of paragraph 20(1)(b) of the act that every foreign national, other than a foreign national referred to in section 19, who seeks to enter or remain in canada must establish, to become a temporary resident, that they should hold the visa or other document required undre the regulations. The requirement of SEction 8 of the regulations that a foreign national may not enter Canada to work without first obtaining a work permit."

Read the above again especially the part in red...

The definition of "work" in Canada is very broad... going to the employer's location probably created the impression you were working(even if you were not paid). If that was the case, it competes directly with the activities of canadian citizens and permanent residents in the labor market because the work would normally be paid. This is probably the reason you were issued an exclusion order.

You may find this helpful: http://www.cic.gc.ca/english/study/institutions/work-volunteer.asp

I received the Exclusion Order for being in the office of my company, but I was never paid, nor does this report say that I was working.

Thank you for your help...The attorneys that I contacted want way more money than I can afford, and told me that chances of success would not be worth it for me.

I now have to figure out if I can send out my work permit and ARC once the LMO arrives, or if I should wait the 6 months. I've still having trouble finding any information on this 6 months you are discussing.

 

[Henuk]

I received the Exclusion Order for being in the office of my company, but I was never paid, nor does this report say that I was working.

Thank you for your help...The attorneys that I contacted want way more money than I can afford, and told me that chances of success would not be worth it for me.

I now have to figure out if I can send out my work permit and ARC once the LMO arrives, or if I should wait the 6 months. I've still having trouble finding any information on this 6 months you are discussing.

So what is the situation now? How much time it take and what measures you did? Please tell.

 

[Henuk]

Can anyone let me know, do ihave to apply for an ARC to visa application center or to consulate general of Canada in new York. as I am in new York