ARC (Authorization to Return to Canada) HELP!

[raquelsantana09]

I am Raquel, Brazilian. I am planning to go back to Vancouver in one of this two ways:

#1 - Working Holiday Visa - In this case, I would apply to work permit visa, which would allow me to work full-time for one year.
#2 - UBC Student - In this case, I would apply to student permit visa, which is valid for the period of the program and at the end it would allow me to apply to PGWP.

However, I am wondering, because I have received an Exclusion order for having lived over than 6 months as a visitor
In which of these both cases do you believe I will have more chances to get the ARC approved? What do I need to prove for obtaining more success in this process?

Thanks for reading it, hope you can help me
Raquel

 

[scylla]

I am Raquel, Brazilian. I am planning to go back to Vancouver in one of this two ways:

#1 - Working Holiday Visa - In this case, I would apply to work permit visa, which would allow me to work full-time for one year.
#2 - UBC Student - In this case, I would apply to student permit visa, which is valid for the period of the program and at the end it would allow me to apply to PGWP.

However, I am wondering, because I have received an Exclusion order for having lived over than 6 months as a visitor
In which of these both cases do you believe I will have more chances to get the ARC approved? What do I need to prove for obtaining more success in this process?

Thanks for reading it, hope you can help me
Raquel

Brazilians don't qualify for Working Holiday Visas. So #1 is not an option.

When does your exclusion order end? They are usually issued for 1 year. Your best option is to wait until the exclusion order expires and then apply for a study permit to Canada. CIC will take their time processing the ARC. Generally speaking, when someone has an exclusion order, it takes the same amount of time to process the ARC as it does to just wait out the 1 year exclusion order. So you are better off just waiting out the 1 year exclusion order in your home country. Make sure you develop strong ties to your home country while you are there (job, etc.). To be approved for a study permit, you must demonstrate you have strong ties to your home country and have no plans on remaining in Canada long term. It will be more difficult for you to prove this given your past history in Canada. My advice would actually be to wait 2 years before applying to return to Canada again.

 

[raquelsantana09]

As you may know, Canada and Brazil do not have an official partnership for the Working Holiday, but there is Recognized Organization has been selected by Immigration Canada to bring Brazilians under a small quota each year under the Working Holiday program, which allow you to work in Canada, up to 1 year.
So lets keep the first option...

The officer told me while I wait for 1 year I can apply for ARC just proving I will not stay over period again.

 

[canuck_in_uk]

As you may know, Canada and Brazil do not have an official partnership for the Working Holiday, but there is Recognized Organization has been selected by Immigration Canada to bring Brazilians under a small quota each year under the Working Holiday program, which allow you to work in Canada, up to 1 year.
So lets keep the first option...

The officer told me while I wait for 1 year I can apply for ARC just proving I will not stay over period again.

There is no point in applying for an ARC before your Exclusion Order is finished. As scylla said, you need to just wait, develop strong ties to your country again and then apply.

 

[raquelsantana09]

Guys, please... The information below I extracted from CIC website, take a look at it

2. Exclusion Order (form number IMM 1214B)

a) If you were issued an Exclusion Order and 12 months have passed since you left Canada and you have a Certificate of Departure (IMM 0056B) showing the date you left Canada you do not need an ARC. You may return to Canada subject to normal examination at the port of entry.

b) If you wish to return to Canada less than 12 months after the Exclusion Order was issued, or do not have a Certificate of Departure, you need to apply for an ARC.

According to this information, I can apply for ARC anytime, I'm just wondering in which way it will have fewer chances to be denied.

 

[scylla]

You're misunderstanding what we are saying regarding the ARC.

Yes - you can apply for the ARC now. Nothing is stopping you from doing that.

However based on the experiences we have seen on this forum, you should expect the processing of the ARC to take as long as your exclusion order is still valid. In other words, if your exclusion order is still valid for 10 months, it will probably take 10 months for CIC to process the ARC. They won't rush the process. This is why we are saying that typically there is no point in applying for an ARC when you have an exclusion order. It makes more sense just to wait out the exclusion order. But ultimately your choice.

Whether the ARC is approved or not depends on a number of things including the length of your overstay in Canada, the reason why you want to return to Canada and the evidence you provide regarding why the ARC should be granted (i.e. how you satisfy CIC that you won't abuse visa privileges again and what ties to your home country can you demonstrate).

 

[rhukil]

Hi @scylla @Bryanna,

Could someone tell me the revert times or average processing times for ARC applications. I applied for my mother's TRV in November 2017 and the IRCC came back saying we need to submit an ARC plus the removal fee. We did so in December and haven't heard back from them since. It has been 2 months and we're not sure what is happening. Do you any information re: this? Please help!!

 

[canuck_in_uk]

Hi @scylla @Bryanna,

Could someone tell me the revert times or average processing times for ARC applications. I applied for my mother's TRV in November 2017 and the IRCC came back saying we need to submit an ARC plus the removal fee. We did so in December and haven't heard back from them since. It has been 2 months and we're not sure what is happening. Do you any information re: this? Please help!!

It can take weeks, months or longer. It all depends on the individual situation.

2 months is really nothing. You need to just keep waiting.

 

[scylla]

Hi @scylla @Bryanna,

Could someone tell me the revert times or average processing times for ARC applications. I applied for my mother's TRV in November 2017 and the IRCC came back saying we need to submit an ARC plus the removal fee. We did so in December and haven't heard back from them since. It has been 2 months and we're not sure what is happening. Do you any information re: this? Please help!!

What are you overcoming with the ARC? Is it a 1 year exclusion order? Deportation due to a failed refugee claim? Something else?

 

[canuck_in_uk]

What are you overcoming with the ARC? Is it a 1 year exclusion order? Deportation due to a failed refugee claim? Something else?

Failed refugee claim in 1995.

 

[scylla]

Failed refugee claim in 1995.

Ah - thanks. Yeah - hard to say how long that will take.

 

[rhukil]

Failed refugee claim in 1995.

I wonder how you know that, @canuck_in_uk?

Also, it was not a failed refugee claim. We surely left in 1995 but the case was ongoing when my parent got fed up and decided to return even before the verdict. So no deportation or exclusion order was ever issued. Again, do you know why it takes so long?

 

[canuck_in_uk]

I wonder how you know that, @canuck_in_uk?

Also, it was not a failed refugee claim. We surely left in 1995 but the case was ongoing when my parent got fed up and decided to return even before the verdict. So no deportation or exclusion order was ever issued. Again, do you know why it takes so long?

https://www.canadavisa.com/canada-immigration-discussion-board/threads/authorization-to-return-to-canada.40612/page-45#post-6512136

It's quite simple to look through your previous posts.

When a person makes a refugee claim, they are issued a Departure Order. If the refugee claim is refused/withdrawn and they don't leave within the required amount of time, it automatically becomes a Deportation Order.

Interesting how they were able to just return to their country after being "fed up" with the processing time. Not the typical behavior of genuine refugees...

 

[rhukil]

https://www.canadavisa.com/canada-immigration-discussion-board/threads/authorization-to-return-to-canada.40612/page-45#post-6512136

It's quite simple to look through your previous posts.

When a person makes a refugee claim, they are issued a Departure Order. If the refugee claim is refused/withdrawn and they don't leave within the required amount of time, it automatically becomes a Deportation Order.

Interesting how they were able to just return to their country after being "fed up" with the processing time. Not the typical behavior of genuine refugees...

Well yes, there were a few factors to this. One, the premise of the claim was communal tensions in our home country and within the course of 4-5 years that had very much so settled. So they did not see a point in extending their stay any further. And two, as highly qualified professionals, they were extremely dissatisfied with the nature of jobs they were pursuing. It was challenge for them to build careers in their predesignated fields as obviously the refugee status had a lot to do with that, so they became increasingly flustered.

Anyways, so you're saying we should just wait for the IRCC to revert? You wouldn't have an approximation or average times based out of experience from previous clients, will you?

 

[canuck_in_uk]

Well yes, there were a few factors to this. One, the premise of the claim was communal tensions in our home country and within the course of 4-5 years that had very much so settled. So they did not see a point in extending their stay any further. And two, as highly qualified professionals, they were extremely dissatisfied with the nature of jobs they were pursuing. It was challenge for them to build careers in their predesignated fields as obviously the refugee status had a lot to do with that, so they became increasingly flustered.

Anyways, so you're saying we should just wait for the IRCC to revert? You wouldn't have an approximation or average times based out of experience from previous clients, will you?

As already stated, it depends on the individual situation.