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bcd
New Member

Canada
17 Posts

Posted - May 14 2008 :  12:09:24  Show Profile
Hello

My husband and I attended his interview at Canadian HC in New Delhi on March 31st. The interview was v easy… the officer was satisfied and took his passport. Since my husband was deported from Canada for a failed refugee claim the officer told us it will take a “bit longer” to finalize the ARC paperwork… if we had not heard anything in 6 weeks then we were to contact him.
I spoke with the immigration officer yesterday who advised that Canada has approved his ARC and now they are doing security clearance. If we have not rec’d anything then he asked us to call him in 4 weeks. My husband’s medicals is expiring June 28, the officer said they will try to finalize things before that day, if not, then he will have to redo mecidal. The Desi officer was most courteous and helpful.

Just wondering…. is any one else in a similar situation? any idea how long New Delhi is taking to finalize ARC and security clearance for people with deportation history?

Thanks for your time.
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Rocky_ca
Junior Member

55 Posts

Posted - May 15 2008 :  02:20:03  Show Profile
did you get in writing anything yet or everything is happening on the phone?But i think you are lucky in this as usually they forward (deportation)these kind of cases to canada after refusal.The officer looks like cool.

They refused my ARC and then i got appeal allowed through IAD and waiting for delhi to contact me.I have to redo medical as they are expired and they can ask for criminal checks again from both countries.
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sputnikx
Advanced Member

Canada
567 Posts

Posted - May 15 2008 :  07:39:31  Show Profile
hello bcd,
Did you have to make a demand for the ARC or did the officer just ask you for the reasons why your removal order became a deportation order?

I would think the security clearance should actually be faster, since you already got your background/security check and fingerprints taken when you applied for refugee protection. So they only need to check the time from then. But then you never know with the CSIS.

Please let us know how it continues, there are not a lot of posts about the ARC.

Edited by - sputnikx on May 15 2008 07:39:58
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bcd
New Member

Canada
17 Posts

Posted - May 15 2008 :  17:32:49  Show Profile
We are working with a lawyer and so the lawyer sent the ARC paperwork to Delhi before the interview and was there already when we went for the interview Mar 31.

On May 9 when I last spoke with the officer he said that Canada has given the clearance and so now only the security clearance has to be done.

We did not get anything in writing yet… perhaps the next time when I call I will ask him around June 10.

Thanks.

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Rocky_ca
Junior Member

55 Posts

Posted - May 16 2008 :  02:11:57  Show Profile
hi bcd
did you have a separate interview for ARC? or it was only 1 interview at delhi office.Also could you post your timeline it can help us.
thanks
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bcd
New Member

Canada
17 Posts

Posted - May 16 2008 :  13:53:19  Show Profile
Hello Rocky_Ca

We only had 1 interview in New Delhi. Timelines as follows:

June 2006- inland spousal sponsorship submitted
Mar 2007 – file transferred to Etobicoke office for further review – they were concerned why no dowry and why no photos of us after the marriage….
April 2007 - PRRA (Pre removal risk assessment) frefugee claim denied/ deportation order issued
July 2007 – He left Canada paying for his own ticket
Aug 2007 – withdrew inland sponsorship application and submitted overseas application
Jan 14, 08 – rec’d letter from Delhi advising of interview on Mar 31
Feb 10, 08 – our lawyer filed ARC application with Delhi office
Mar 31, 08 – we both attended spousal interview interview in Delhi… we were approved verbally… they took his passport and was told that since ARC paperwork had to be done, it will take a bit longer.
May 9. 08 – spoke with the immigration officer in Delhi who advised that Canada has given the clearance and now background check is being done. If we have not heard anything, then for us to call back in a month’s time.

What are your time lines?



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Rocky_ca
Junior Member

55 Posts

Posted - May 17 2008 :  04:13:21  Show Profile
Oh i think you should not have done inland but it is ok now it is going to be over for you as you will get ARC.My timelines are as under
November 2006 Application submitted at overseas canadian high commission
December 2006 File transfer to respected visa office.
June 2007 Interview and also executed the deportation.They approve our relationship and told us to apply for ARC.
june 2007 Applied for ARC.
September2007 Interview for ARC.
November 2007 Refused my ARC.
December 2007 Appeal submitted in canada.
April 2008 Appeal allowed.
And now waiting for the visa office to start processing once ther recieve file from CBSA.
One thing i want to ask that did your lawyer filled the application for ARC before your interview?

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sputnikx
Advanced Member

Canada
567 Posts

Posted - May 17 2008 :  23:49:45  Show Profile
hello bcd,

Do you know what your lawyer wrote in your ARC demand, seeing Rocky ca's got refused and yours granted?
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bcd
New Member

Canada
17 Posts

Posted - May 21 2008 :  17:11:27  Show Profile
Hello
Rocky – Our lawyer filled the ARC application before the interview… actually he wanted it to be in our file when we went for the interview.. He said this would speed up the process.

Sputnik – The ARC app also included a cover letter which included some back ground info about both of us…employment info …. and basically how this separation is affecting our lives and marriage … and appealing for a speedy process. It was a standard letter that any lawyer would (should) write along with any application (specially since they charge us lots of $$$.

Keep the faith!

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sputnikx
Advanced Member

Canada
567 Posts

Posted - May 22 2008 :  11:24:43  Show Profile
Thank you for the info bcd,
but I was wondering what the argumentation points of the lawyer were for why you should be granted ARC. Just to get you both reunited as a couple or anything else?

We are having an interview in 2 weeks and will have to make our ARC demand right after.

I am also confused since some CIC sites say 'not to apply' for ARC before the CIC tells you since it will be decided in the overall immigration demand, and on the other hand your lawyer send a demand before - maybe it depends on each CIC office.
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Rocky_ca
Junior Member

55 Posts

Posted - May 23 2008 :  06:08:27  Show Profile
In my case after i had interview in which I.O told us that your relationship is genuine and know how you can go to canada.As my lawyer told me i said i want to apply for A.R.C and the letter for ARC is attached with our application like bcd.Then after 4 month i had a interview and they refused it.
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Rocky_ca
Junior Member

55 Posts

Posted - May 23 2008 :  06:10:50  Show Profile
[quote]Originally posted by sputnikx

Thank you for the info bcd,
but I was wondering what the argumentation points of the lawyer were for why you should be granted ARC. Just to get you both reunited as a couple or anything else?

What was given in my arc was education, relatinship, future planning, What can happen if we are not together,criminality and good record everywhere i have lived, any effect on children.

This was a simple letter signed by me with $400 fees.

Good luck

Edited by - Rocky_ca on May 23 2008 06:17:02
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sputnikx
Advanced Member

Canada
567 Posts

Posted - May 23 2008 :  11:12:42  Show Profile
Sorry to hear that Rocky,

can you go into appeal for the ARC?
may I ask what the reason for the refusal was? And did you have a departure order become deportation order due to overstay? I thought if you are married you will get the ARC unless you got deported for criminal offenses.
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sputnikx
Advanced Member

Canada
567 Posts

Posted - May 23 2008 :  11:15:34  Show Profile
sorry, I have more questions:

is the ARC decided by the CIC at the outland embassy or the CBSA in Canada?
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Rocky_ca
Junior Member

55 Posts

Posted - May 24 2008 :  05:03:36  Show Profile
I already won my appeal and waiting for cic to process my application again.

ARc is going to decide by Immigration officer and programme manager of the visa office and if they refused it then you have to file appeal in canada.
Yes in my case the departure order becomes deportation order.
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sputnikx
Advanced Member

Canada
567 Posts

Posted - May 26 2008 :  01:07:50  Show Profile
What was the reason for their refusal though? Since I thought they allow all ARCs for married people on H&C grounds?
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