Authorization to return to Canada.

[kingtreek]

Hi to all supporters.
Hi iarblue,
Yes i had paid for my ticket i have complied to all the dates ,i am admissible to Canada(CAIPS notes),passed Background check +positive,from Canada all Police Cleariances are +positive
i have cooporated with Government Canada all the way,i lived in Canada for 7 years,
my case is processing for more than 2 years already,hole family in depresed situation,stuck,
just dont know how long it will still continue ,hard very hard
Guys you have scared me so much that i am in deep depression ,that i will never gonna see my Canada any more ?
Guys its not supose tobe a tough country,is not it Humanitarian ?(

 

[confusednscared]

Kingtreek,

Don't get too worked up by these comments. Do what you know is best and things will work out in the end for you. Not because people have been saying scary things about ARC mean you will fall under that bad category.
Each case is different and I think you have a good shot at getting it. It's just letting the VO do their work and run other checks they need to for you which can be a real pain in the rear end.

Don't get depressed at all... just take each day as a day closer to the end of your long run immigration process.

Good luck!

 

[kingtreek]

Thank you confusednscared,you are right totaly,but its just when it comes to my Toronto,i can`t it go just like that,its the city i live with,Canada became my hometown,just understand me guys,,,,,,
is there i can do something to fastern it ?

 

[confusednscared]

Toronto is my home too .. I will be needing ARC as well for my application. My VO just hasn't requested it and from what I understand, there isn't really much you can do expect to wait. However, you can try getting your local MPs involve in the case but they usually aren't that helpful.

Are you under a spousal sponsorship?

I love Canada more than anything else in this world. I would do anything to one day become a citizen of Canada. I have done a lot in the past for Canada while I was there and I am still willing to do more. I can't imagine my life without living in Canada.

My entire life has been put on hold because I want to get this whole CIC thing sorted out before I resume. My studies too is put on hold because I don't want a degree from no other university then a Canadian University.

Its tough to deal with man, I know that for sure.

 

[kingtreek]

Yes i am under spousal sponsorship.
well dear we have to wait ,,,,

but did you recieve Departure Order aswell ?

 

[confusednscared]

yea, I was a failed Refugee and PRRA applicant. Lived in Canada for almost 8 years. My departure ordered turned into deportation order. Stupid system I don't 100% agree with.

I think I somewhat established my life in Canad though. Plus I entered when I was 15 years old. I think there is a lot to take into consideration seeing that we listened to the advice from immigration consultants.

 

[kingtreek]

but can they reject the ARC even if all the procedures has been done (backgound check,police cleareance) the VISA is ready aswell

 

[confusednscared]

I guess it really depends on the IO looking over your case and the risks you possess to Cdn society in their opinion. Also, they take into consideration all your previous immigration history.

 

[kingtreek]

Thank you my man i wish to both of us positive reply.God bless us

 

[charloux]

ARC.... I just recently found out about this!
I am sponsoring my husband (as a Citizen) from Indonesia. His application has been processing in Singapore Since the beginning of February 2010. So far they have sent back our relationship photos, and recently they requested an RCMP clearance (fingerprints needed). That alone takes around 4 months :S

I moved to be with him in Jakarta last month, and I am planning on staying here at least till the end of October to be with him, and we were hoping he would get PR by then, and we can move back to Canada together. However, I just found news about the ARC. Last year, mid July 09, my husband was sent a letter and ordered to leave "immediately". There was no time limit, so it kind of freaked us out. We called CIC offices and they told us that it was a "grey" zone when we he should leave... (very helpful). He ended up leaving early October 09 (2 and 1/2 months later!). We know we were pushing it, and looking back on it now probably it wasn't the best thing to do. None the less, it was us that bought the ticket and left. When he left he never received a departure card (I don't understand the complications there). The reason he was ordered to leave is because it was his second time being rejected a working visa (first because of no LMO, second time because the company sponsoring him gave in the wrong form - for foreigners OUTSIDE of Canada).

We never received any other news regarding this, but I am worried that before CIC gives him his PR, we may have to battle it out for a ARC....

Any thoughts?

 

[confusednscared]

Charloux,

Has your husband requested for an RCMP check before he left Canada and submitted it with the application? Or is this his first ever RCMP check?

I don't understand why they asked him for an RCMP check.

I think because he was out of status and CIC found this out he may need to get ARC.

Does his Certificate of Departure state one of the following:
- Deportation Order
- Exclusion Order

I know for Deportation orders you need an ARC. Exclusion orders only ban an individual from Canada for a year and then they can reapply to enter.

Best of luck to you!

Let us know how things go

 

[charloux]

Hello again, thanks for the speedy reply!

When we originally submitted the application we never submitted an RCMP check because it stated in the PR application forms that CIC conducts their own background check for Canada, and only later (if they needed one) would request for a background check from Canada. And that is why we had to submit fingerprints to the RCMP just now (which the RCMP would then forward the results to CIC). My husband has no criminal record, so is not in the system (and that is why I think they needed them).

He also never received a Certificate of Departure. He just went to the airport, and then left. How was he supposed to get one?? We were never notified that he should....
(the departure card thing confuses me!)

Thanks

 

[twinsmama]

Hello,

Here is some more information that might help. It is available on CIC website:

Section 52 of IRPA is intended to send a strong message to individuals to comply with enforceable departure orders. A permanent bar on returning to Canada is a serious consequence of non-compliance. Consequently, an Authorization to Return to Canada (ARC) should not be used as a routine way to overcome this bar, but rather in cases where an officer considers the issuance to be justifiable based on the facts of the case.
Individuals applying for an ARC must demonstrate that there are compelling reasons to consider an Authorization to Return to Canada when weighed against the circumstances that necessitated the issuance of a removal order. Applicants must also demonstrate that they pose a minimal risk to Canadians and to Canadian society. Merely meeting eligibility requirements for the issuance of a visa is not sufficient to grant an ARC. The decision to grant an ARC should be consistent with the objectives of the legislation as defined in 3(1)(h) of IRPA.

Factors to consider when assessing an ARC application
• The severity of the IRPA violation that led to the removal. • The applicant's history of cooperation with CIC:
Are there any previous immigration warrants?
Did the applicant fail to appear for any hearing or removal?
Did the applicant comply with the terms and conditions of the document issued by CIC?
Did the applicant pay for the removal costs?
Was the applicant removed under escort?

Bona fide marriages, attendance at the funeral of a family member or acceptance under a provincial nominee program are examples of factors that would normally constitute a “compelling reason” for returning to Canada. However, no one factor alone should automatically serve to override concerns related to the safety of Canadians and the security of Canadian society.

This is interesting as for me
Factors to consider when assessing an ARC application
• The severity of the IRPA violation that led to the removal. • The applicant's history of cooperation with CIC:
Are there any previous immigration warrants? :::NO
Did the applicant fail to appear for any hearing or removal? :::NO
Did the applicant comply with the terms and conditions of the document issued by CIC?:::YES
Did the applicant pay for the removal costs? :::YES
Was the applicant removed under escort? :::NO

IT WAS A FAILED REFUGEE,HUMANITARIAN AND PRRA CLAIM THAT LEAD TO ME BEING ASK TO LEAVE CANADA!
hhhmmmmmmmmmmm DO I STAND A CHANCE???????
I BELIEVE YES!!!!

 

[Suin]

so guys you saying that if my officer has told me that the VISA is ready,
and i think it means that the Permanent Landed papiers are in Canada at the Aeroport ready aswell,well i mean that i am Landed Canadian already,
and the ARC is gonna be impossible to get ?
and how long it usully takes guys ? Thank you

no, you cannot be considered a landed immigrant (PR) until you make landing. when you receive visa in your passport it will have expiry period within that you need to arrive in Canada to activate your PR status. are you in Canada now or in your country of residence?

 

[Suin]

Hi to all supporters.
Hi iarblue,
Yes i had paid for my ticket i have complied to all the dates ,i am admissible to Canada(CAIPS notes),passed Background check +positive,from Canada all Police Cleariances are +positive
i have cooporated with Government Canada all the way,i lived in Canada for 7 years,
my case is processing for more than 2 years already,hole family in depresed situation,stuck,
just dont know how long it will still continue ,hard very hard
Guys you have scared me so much that i am in deep depression ,that i will never gonna see my Canada any more ?
Guys its not supose tobe a tough country,is not it Humanitarian ?(

you shouldn't worry so much. if something was wrong or not lear they would have never issued visa to you. it means that it's there for you, you just need to be patient. and everything will be just fine.