ARC

[waleedh646]

Hi
I am new to this forum and I have a question regarding ARC, I lived in canada for over 12 years as a convintion refugee,I went to CBSA back in 2007 and I told them I did misrepresentation and I want to fix my mistake, I already got my ticket to leave canada and left a week after on my own, I never got deportation papers since the officer asked me if I want to stay to finalize this issue with IRB. I told him I want to leave to start my sponser application under family class and left canada, I have been married for over 10 years, my wife is canadian,
I did an interview back on 2008 and I got refused because the officer think my marriage is not genuine, we went for appeal and won.
now do I need ARC to go back to canada because I heard for misrepresentation you can not go back for two years and it is over two since I left?
I would realy thank you all for any response.

 

[rjessome]

What response do you need? You must apply for ARC to the embassy processing your visa. Yes, the two years have passed so you are eligible to apply.

 

[waleedh646]

My question is do they count the two years from the time I left canada in 2007 or from the time IRB made there ruling in my case that I am not refugee in 2009?

 

[ImmEnforce]

Confused....

To many questions to ask before a suggestion can be offered....

Deported? Excluded? Were you offered PRRA? Did you confirm your departure? Were you a failed refugee? Positive claimant then misrep'd? Did you purchase your own ticket?

 

[waleedh646]

Hi ImmEnforce

I did not get deported or excluded, when I went to CBSA to tell them the truth I had my ticket already on hand and I showd it to CBSA officer and since I did not know about removal orders I did not ask the officer about them, all I asked him if there is going to be aproblem for me to come back to canada? He said I do not see why not.

I dont know what is PRRA.
I did not confirm my departure,I was not asked to do.
I became convention refugee positive claime by misrepresentation of my ID.

 

[rjessome]

You are supposed to let CBSA know when you are leaving Canada by reporting to them at the airport. But too late for that now. When you returned to your country, was there any stamp placed in your passport to indicate the date? This is part of the reason that they want you to report to CBSA when you leave, so that if you want to come back there is a record indicating when you left.

You can apply for ARC now that it has been 2 years but you are going to have to find a way to prove that you left Canada on the date you did. A stamp in your passport entering your country would be great. When you surrendered yourself to CBSA, did they give you any documentation? If you have a copy of that, it could help as wel. So could a copy of the ticket you used if you still have it. Now much of this might be a non-issue as you had a family class application ongoing that indicated you were living outside of the country so a letter stating the date you left Canada may be enough. Just better to be prepared for everything.

PRRA is Pre-Removal Risk Assessment but has nothing to do with your issues. Don't even know why it was asked when your original post states all the relevant information.

 

[waleedh646]

Hi rjessome

yes there was stamp placed in my passport indicating the date i returned to my country.
When I surrendered myself to CBSA they did not give me any documentation.

I just recieved an e-mail from the embassy to go for interview and what day do I want the interviw, so I answered them back and asked thim since I dont know what this interview is about if there is any documentation they need me to bring with me, they e-mail me back with the date of the interview and to bring my original passport.

I know my second medical expired and I believe they started my background check around march this year, I do have clean record but of course my misrepresentation wich is black mark, so I am wondering what this interview for.

 

[ImmEnforce]

All of the questions are relevent.........

Refugee claimants are issued a conditional departure order when making a claim. When they recieve a negative decision, they are given a certain amount of time to effect there departure. Removal order = Departure Order, if this is when he left then No ARC is required to return. If he was issued PRRA then the departure order has become a Deemed Deportation order. Removal order = Deportation, requires ARC.

Misrep after two years no ARC is required.

So the question is what has happend with the removal order for the misrep. If you have failed to confirm your departure it has probably gone to warrant.

 

[waleedh646]

Hi ImmEnforce
At first when I had my refugee claim I recieved a posetive decision over 12 years ago, they only knew about my misrepresentation in 2007 that is when I went to CBSA and told them the truth, but the decision to vacate my refugee status took place this year with IRB and in there ruling there is nothing writen about removal orders, it could be that CBSA officer did not issue removal order because I left canada already, I did send thim a fax from my home country stating that I consent to vacate my refugee status or it could be that CBSA officer do not issue removal order until all court procedures have taken place, and since I did an interview at the canadian embassy they know I left canada.

Correction: in my original post I said I had Interview with the canadian embassy in 2008, the interview was in 2007, my appeal was in 2008.

you wrote: Misrep after two years no ARC is required, that brings me back to my question do they count the two years from the time I left canada back in 2007 or from the time IRB made there ruling in 2009.

Hi rjessome
I have read lots of your posts and your advice in this forum and other forum, you have been great help to a lot of people bliss you and congratulation to you and your hasband.

 

[ImmEnforce]

Thats a good one....Don't think I have ever run into that....

Generally speaking, the time is from when your departure is confirmed. (after an order is issued) In your case (by the sounds of it) you were not in Canada at the time an order could have/would have been issued. You will have to ask the consulate what the actual state of your status is Canada is. You will find out quick enough if you have made an application to return.

 

[rjessome]

Sorry ImmEnforce, didn't mean to be snippy. Just didn't understand why you were asking about whether PRRA was offered. Did you mean to signify that a removal order had been issued?

This is one is strange. Why would CBSA issue a removal order for someone who is not here? However, I could see the value in it if they don't want to allow someone back into Canada without ARC or where decisions are made after the fact like in this case. Sorry, I'm just thinking as I write. I think you should follow ImmEnforce's advice about contacting the embassy to find out your status and what you may or may not need to do in regard to returning to Canada.

 

[waleedh646]

Hi thank you rjessome and ImmEnforce for your reply.
As I said earlier I do have an interview coming up next month and I will know then what the interview is for, I just want to get my self ready since this is my second interview and they only asked me to bring my original passport with me.

 

[ImmEnforce]

A remove order must be enforced in order for someone to require ARC. Section 52 of the Act

If he didn't confirm his departure then CBSA cannot assume that he is not in Canada. If he has made an application at a Consulate (in person) then they can request CBSA confirm his departure. But, this is only required when a removal order has been issued.

It's very hard to answer without seeing all of the details. It's best to see what they say.

 

[Nuflava]

Quick question please, for application that require ARC, is the ARC part of the application process first or after the sponsorship part of the application?
PLEASE share your input.

 

[sassy75]

Hello everyone,

I am dealing with Jamaica. There are 4 of us on that thread that require an ARC. 2 are for criminal/deportations and 2 are for overstay/exclusions. (i believe)

None of us have been able to discuss this process with anyone who has encountered and lived thru it!!! lol

If anyone on this thread has any information thay could share, I am sure that we would all benefit from it. (ie. time frames, success rates, process ect)

Thank you in advance for your shared information.