ARC REQUIRED????

[missworld13]

IF SOME ONE HAS REFUSED REFUGEE CLAIMANT AND NOW APPLY FOR INLAND SPOUSAL SPONSORSHIP. DOES THE PERSON NEED ARC???? EVEN THOUGH PERSON IS STILL IN COUNTRY BUT OUT OF STATUS NOW...

 

[Cbn Cdn]

IF SOME ONE HAS REFUSED REFUGEE CLAIMANT AND NOW APPLY FOR INLAND SPOUSAL SPONSORSHIP. DOES THE PERSON NEED ARC???? EVEN THOUGH PERSON IS STILL IN COUNTRY BUT OUT OF STATUS NOW...

Hi missworld13,

I applied for ARC last October through outland process.

In your particular case, I think it's better to consult with an immigration lawyer (ARC expert).

Good luck

 

[Alurra71]

Isn't the ARC and authorization to return to canada? I am not an expert by a long shot, however, I think if you are in Canada even without a legal status, on an inland application you SHOULD be ok. Did you happen to include and OWP with your application? Can you now apply for a visitor visa?

I think the only time you would need an ARC is if you have been removed from Canada, which it sounds like does not fit your case.

 

[PMM]

Hi

Isn't the ARC and authorization to return to canada? I am not an expert by a long shot, however, I think if you are in Canada even without a legal status, on an inland application you SHOULD be ok. Did you happen to include and OWP with your application? Can you now apply for a visitor visa?

I think the only time you would need an ARC is if you have been removed from Canada, which it sounds like does not fit your case.

Except I bet the OP's departure notice has now turned into a deportation order. S/he maybe removal ready and CBSA may decide to remove even though there is a sponsorship in place.

 

[Alurra71]

Hi


Except I bet the OP's departure notice has now turned into a deportation order. S/he maybe removal ready and CBSA may decide to remove even though there is a sponsorship in place.

That might well be correct, however, based on what is included in the OP's above post, it says NOTHING about departure notice (which they would know about so they could voluntarily leave) or if already gone to deportation order, still not physically removed from the country, so again, why would an ARC be required?

 

[missworld13]

Thanks to all of your replies.. I didn't get any departation letter or depotation letter and I got married with Canadian citizen and We are going to apply for inland application. Somewhere on the same forum I read about ARC and I dont know what is ARC before that as I am still in Canada and didnt even apply for PRRA.

Just wanted to make sure if I need ARC.

Thanks

 

[Alurra71]

Rest assured if you need one they will let you know.

 

[scylla]

Thanks to all of your replies.. I didn't get any departation letter or depotation letter and I got married with Canadian citizen and We are going to apply for inland application.

Make sure you are keeping CIC up-to-date on any address changes. If you have moved since your refugee case was refused last year - hopefully you notified them of your address change immediately.

 

[b4roness]

Thanks to all of your replies.. I didn't get any departation letter or depotation letter and I got married with Canadian citizen and We are going to apply for inland application. Somewhere on the same forum I read about ARC and I dont know what is ARC before that as I am still in Canada and didnt even apply for PRRA.

Just wanted to make sure if I need ARC.

Thanks

Before you read the following, please remember that failed refugee cases can be difficult, depending on your specific case (yet some are easier to pass over when applying for spousal or any other visa after a failed refugee case), so please contact a lawyer for detailed help and instructions!

From what a few lawyers (4) told me (and they all said the same exact thing), is that if we had applied for spousal sponsorship and gotten the Spousal Approval BEFORE receiving the departure notice, i'd have been completely SAFE and would have been allowed to stay in Canada, work and all, for the entire duration of our Spousal Sponsorship application process (in other words, i wouldn't have needed an ARC, since ARCs are for people who have been removed, only!)
You left a lot of info missing in your question so I can't offer anymore advice, but if you have just recently lost the Refugee case, you may still have time to apply inland, but PLEASE consult a lawyer! It's not expensive, and some offer free advice.

Angie

 

[scylla]

You left a lot of info missing in your question so I can't offer anymore advice, but if you have just recently lost the Refugee case, you may still have time to apply inland, but PLEASE consult a lawyer! It's not expensive, and some offer free advice.

The refugee case loss isn't recent. In a June 17 post the OP wrote the following:

I need some information regarding sponsoring spouse. I was refugee and my case has been denied. I didn't apply for appeal or anything. After 8 months I got married to Canadian Citizen. Now he wants to sponsor me as a spouse.

The "after 8 months" bit makes me believe the OP got married 8 months after losing the refugee case. This would indicate that the refugee case was lost sometime back in November of 2012 (i.e. over a year ago). Although I may be misunderstanding the dates...

 

[b4roness]

Scylla,

Thanks for doing the research!!! =D
(i'm in bed about to TKO...)

If that's the case, then they may be pressed with time, or their time to apply inland is up. In no way have i heard (even from friends who are lawyers) that a failed refugee case has ever surpassed a year without some sort of notice, but it's not impossible and it HAS happened (a VO told me that little golden detail...) =D

I'd like to know if the OP has received the notice to report (the monthly phone-in reporting) and if so, when exactly?

If it's been a year, but no notice to depart was given, then they can still make it, correct? IF they apply ASAP.

I know it's supposedly a lot better to do an overseas app if you're a failed refugee case, but i don't know the OP's history or urgency to stay within Canada. It was easier for me to do an overseas app since i have no kids and a free place to stay while in Europe. Some are not as lucky. =(

Angie

 

[toutesweet]

Hi


Except I bet the OP's departure notice has now turned into a deportation order. S/he maybe removal ready and CBSA may decide to remove even though there is a sponsorship in place.

Absolutely. I have seen that happen to my friends mother's husband and it never did get resolved and he got deported and appeals were unsuccessful :-( contact a lawyer and try to get it sorted asap.

 

[Cbn Cdn]

When someone fails their refugee claimant, they can be deported from Canada. There are several ways someone can be deported from Canada, including failed a refugee claimant, committing a crime or overstaying a visa.

If someone files a claim for refugee protection and is issued a conditional departure order, the order is not in force until the claim has been decided. If the claim for protection is accepted, the conditional removal order is cancelled. Otherwise, unsuccessful refugee claimants must leave Canada within 30 days of the final determination of the claim or the order becomes enforceable.

By appealing a removal order may be the only way to prevent being deported from Canada. When someone is facing deportation from Canada, time is the enemy and you should contact an immigration lawyer specialized in these cases.

If someone is removed from Canada, you can apply for an Authorization to Return to Canada (ARC). If approved, will allow you to return to Canada despite your deportation order. ARCs are not easy to get and you need compelling reasons to get approved. They can take from few weeks to many months for processing.

 

[missworld13]

I read all ur comments...
OK my situation is I didn't change my address even after failed refugee claim, i got rejected last year and i didnt get any call, any letter for departation or deportation. i just received that your claim didnt accept and we will let you know about PRRA later if you are eligible. Since then I have nothing in my mail, phone or email. Also I got married after 8 months and we are applying soon for my inland spousal. We are thinking we should do inland as
1 out land will take more than 22 months and we dont wanna live apart at all.
2 It will be more hard to get here again even on spousal.

My lawyer said u r out of status only and can apply for inland spousal.