Authorization to Return to Canada (ARC) |
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charlie
New Member Joined: 05 Feb 2010 Location: Kenya Status: Offline Points: 5 |
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Hi all,
I'm new to the forum. My mother and I were in Canada as refugee claimants in 2005. We had a hearing that did not go well. We appealed the decision...and applied for PR on Humanitarian and Compassionate grounds. When we applied as refugees, my mum was the principle applicant and since I was 23 at the time and a full time student, I was the dependent. We were deported in 2007, when our departure order became a deportation order, and since then I have made an application to go back as PR through the Nairobi office. Recently, the Nairobi office requested for a medical redo, police clearance and my passport. That was all in November 2009. All the documents were sent to them by December 1st 2009. No mention of ARC or any fees. We're in Feb and I haven't heard from the Nairobi office. Have recently ordered for CAIPS to find out what's going on. Will later contact MP through a family member. Would anybody know if I need and ARC? Why would they request for redos (medical and police clearance) and my passport and then take more than two months to issue a visa? Has anybody dealt with or heard about ARC through the Nairobi office? Thanks Charlie |
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elegant
New Member Joined: 08 Feb 2010 Status: Offline Points: 1 |
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Hi Everybody,
I am new to this forum. Is anybody here who aplied ARC with FSW (Federal skilled worker) category? Thanks, |
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charlie
New Member Joined: 05 Feb 2010 Location: Kenya Status: Offline Points: 5 |
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Hi,
This forum has been so quiet. I sent an email to the Nairobi office requesting for information regarding my file. The following was their response: "Dear XXXXXXX, Please note that since you were previously deported from Canada, you are required to pay an 'Authorization to Return to Canada' (ARC) fee to enable consideration for your return. Please consult www.cic.gc.ca for further details on the payment of this fee." Nothing else was requested. No application, no letter explaining why I want to return to Canada, no docs to show that I left Canada. Just a fee. Has anybody experienced this yet? Please help. Charlie |
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job_seeker
Senior Member Joined: 29 Nov 2009 Status: Offline Points: 627 |
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This is what I found re application ARC: Authority to return to Canada As per A52(1) of the Immigration and Refugee Protection Act, if a removal order has been enforced, the foreign national shall not return to Canada, unless authorized by an officer or in other prescribed circumstances. Please read the following instructions carefully before you submit your petition for an Authority to return to Canada. Your application is subject to a NON-REFUNDABLE processing fee. If your application is refused, the fee will not be refunded. The Visa Section offers services in both of Canada's official languages, English and French. Documents in languages other than English, French must be accompanied by a certified translation Important Information An incomplete or illegible request will be returned without being processed. We cannot guarantee that an Authority to return to Canada will be issued. If a personal interview is required, you will be notified in writing of the date and time of the interview. Documents required A written submission in English or French explaining, in detail, the reasons you should be granted this authority to return to Canada. If your departure order became a deportation order as a result of your failure to depart Canada within 30 days of the departure order becoming enforceable, your written submission should include an explanation of the reasons you did not depart Canada within the 30 days of your departure order becoming enforceable. The letter must be written in block letters in black ink or typed. * Visa application form (PDF 216 KB), fully completed in black ink. * Two passport size photographs taken within the last six months. * Copy of passport; do not send original passports. (When you present yourself for an interview you should bring your passport). * Processing Fee: In addition, you may be required to re-pay any costs related to your removal from Canada. How to apply * You may apply by mail. * Any additional documents required will be requested by mail. * You will be notified if an interview is required. * You will be notified by mail of the final decision in your case. * You may apply in person. http://www.canadainternational.gc.ca/mexico-mexique/visas/authcan-autcan.aspx?lang=eng Probably Nairobi has a similar process for ARC. Edited by job_seeker - 15 Feb 2010 at 2:25pm |
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faith
Junior Member Joined: 09 Dec 2009 Status: Offline Points: 20 |
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Stablous, How are things going? any news yet?Charlie,
What is the other application you have filed? Has someone filed for you?
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charlie
New Member Joined: 05 Feb 2010 Location: Kenya Status: Offline Points: 5 |
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Hi-
Faith-I am being sponsored by my wife. Thank you so much Job_seeker. I find the information you posted very helpful. So far, I've been requested to redo my medicals, my police clearance and even submit my passport-which could mean that CIC were probably ready to issue visa. A friend of mine has suggested that I submit the fee, a letter of explanation and my certificate of departure. There's no application form IMM1203B posted on the Nairobi website. I will continue to communicate with the Nairobi office to get more information. Thank-you so much for your support. Will keep you posted on what more info I receive. |
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job_seeker
Senior Member Joined: 29 Nov 2009 Status: Offline Points: 627 |
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You can either go to CIC-Nairobi or write them a letter requesting for one. |
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charlie
New Member Joined: 05 Feb 2010 Location: Kenya Status: Offline Points: 5 |
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Hi all,
It's been pretty quiet here. I found this link http://www.canada.org.tw/ There is a part that states: "If you are making another immigration application, such as a work, student or permanent residence application, you should not submit a separate application for an ARC. If your immigration application is approved, the authorization to return to Canada will be dealt with in the context of that application. You will simply be asked to submit the fee for the ARC." Since I'm being sponsored as a permanent resident, I will not need to do a separate ARC application. I will be submitting the fee. The only additional document I will submit is my Certificate of Departure-then hope and pray for the best. |
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ralph dzegniuk
New Member Joined: 05 Dec 2009 Location: Toronto Status: Offline Points: 60 |
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Few things to keep in mind for folks who apply for ARC on their own:
1) The fact that your underlying PR application (whether Family Class, Skilled Worker, whatever) has been approved is NOT a "sure sign" that the ARC request will also be accepted. I have seen many cases where the underlying Family Class Sponsorship was very strong (family separation, best interests of the child, etc.) as well as Skilled Workers who were scoring way above 67, but whose ARC was ultimately rejected;
2) OP1, Chapter 6 is your ultimate "guide" to drafting of the legal submissions that should accompany the ARC form (don't even think of filing the form on its own);
3) The nature of your previous non-compliance with Canadian laws/regulations (that makes obtaining of the ARC necessary) is absolutely key. For instance, if you knowingly filed a fake refugee claim (for strategic reasons) and/or if you avoided removal for a prolonged period of time (or at all), securing the ARC might be difficult. IF, on the other hand, your non-compliance stems simply from having filed a GENUINE refugee claim, which was ultimately refused, and you did comply with all subsequent communication from CIC/GTEC/CBSA then your chances are pretty good.
Should you have any additional questions/concerns, pls contact me directly at the below address.
Ralph Dzegniuk, Barrister & Solicitor (B.A., L.L.B.) Migration Law Chambers 82 Richmond Street East, Suite 305 Toronto, ON. M5C 1P1 Phone: (416) 548 9072 Fax: (416) 548 9092 www.migrate-2-canada.com [email protected] |
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sputnikx
Junior Member Joined: 30 Nov 2009 Status: Offline Points: 86 |
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Hi Charlie,
some CIC missions ask for an ARC application with a written submission explaining your situation and why Canada should allow you to reenter (London, Mexico, Hong Kong) others will just ask for payment and decide within the regular application (Cairo, Rome, Guatemala). I don't know how the Nairobi office works but I would say it is more important to send your explanations and the payment, then to fill in the ARC application (since the form seems to be more for temporary returns to Canada, in case of illness or funerals). The mission in Mexico City is as far as I know the only one which has a form for the ARC on their website. We had a member from Albania who was sponsered and only the payment of the ARC fee was requested (no form nor letter) by the embassy in Rome (ARC was granted 3 month later) as well as someone from Cairo. I would suggest to pay the ARC fee and send a letter with it where you ask for the ARC to be granted and give your reason why you should be granted the ARC. good luck!! |
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