The following are some excerpts from the May 2010 RIMbits.  RIMbits are messages sent from National Headquarters to missions overseas.  The May 2010 RIMbits on admissibility consisted of seven questions and answers.  I have reproduced three of them for free below.

Please note that the questions and answers below should not be viewed as legal advice.  Rather, they are simply reproductions of how CIC senior management answered specific questions from visa offices in May 2010.

Seized Travel Document

Q) We were notified by the authorities that a permanent resident travelling on a Canadian travel document has been charged with: (1) ______ (2) _____ and (3) _____. According to local authorities, the permanent resident has been released on bail with the condition that she surrender her travel document and that “Stop Orders” are placed with the Immigration exit controls at airports.  We have been formally requested not to issue a new travel document to this permanent resident “until the matters have been disposed.”  

As the charged person is not a Canadian, the Consular Section has referred this case to us.  Although she has not done so at this point, it is possible that in the near future, this permanent resident may request from the visa office a Permanent Resident Travel Document or other documents to facilitate her return to Canada.  Would you have any advice on what we may and may not consider if the permanent resident applies for a PRTD before the judicial proceedings have come to a conclusion? 

(A) The permanent resident’s Canadian travel document has been seized by local authorities in connection with a legal matter.  It is not lost or stolen, and she will get it back when the legal process is completed.  

 » Read more about: RIMbits Revealed (May 2010)  »

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One of the more common questions that I am asked is when people who have been told  by the Government of Canada to leave Canada need to submit an Application for Authorization to Return to Canada (“ARC”) before they return.

I have obtained a copy of internal Citizenship and Immigration Canada material which addresses some of these questions, and which I have adapted and produced below.  Please note that the material below has been adapted from a document dated 2009-10.  It is from an official work by the Government of Canada which was obtained through Access to Information and Privacy Act Request.  I have reviewed it and believe that it is correct and current. However, the scenarios below should only be used for informational purposes.  It is NOT legal advice. As well, the reproduction of the training materials has not occurred with the affiliation of the Government of Canada, nor with the endorsement of the Government of Canada.

Scenario 1

Tiger Johnson, a citizen of the USA,was issued a Departure Order on August 4, 2008.  When he left Canada, he did not confirm his departure with the Canada Border Services Agency (“CBSA”).   In 2012, he shows up at the Canadian Consulate in Los Angeles and tells an officer that he now wants to confirm his departure from Canada since he forgot to do it when he left in 2008.

Can the Officer now enforce the removal order?

No. Regulation 240(2) of the Immigration and Refugee Protection Regulations provides that Mr. Johnson must apply for a visa or for an authorization to return to Canada in order for an officer outside Canada to enforce a removal order.

Scenario 1(b)

A week later,

 » Read more about: Enforcing Removal Orders and Authorization to Return to Canada: Scenarios, Questions, and Answers  »

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Restructuring of the North American Processing Network (Continued)

Restructuring of North American Processing Network (Continued)

In a previous post, I wrote about how on May 29, 2012, Citizenship and Immigration Canada (“CIC”) restructured its North American Processing Network.  The restructuring included the closure of immigration section of the Canadian consualte in Buffalo, as well as the realigninment of Work Permit and Study Permit functions of the Canadian consulates in New York, Los Angeles, Washington D.C., Detroit, and Seattle.  For information on those changes, I encourage you to read that post.

On June 11, 2012, CIC released a further Operational Bulletin detailing additional changes to which consulates which process Temporary Resident Permit applications, Rehab applications, and Authorization to Return to Canada applications. .

Re-Configuring the U.S. Network (TRPs, Rehab, and ARC)

Effectively June 18, the Seattle, Detroit, and New York consulates will no longer be processing new TRP, Rehab, and ARC applications.  Only the Los Angeles and Washington DC consulates will process new applications in these categories.  Furthermore, applicants residing in the United States will not be able to choose which consulate to submit their application to.  Applicants living in the United States east of the Mississippi River (including in Puerto Rico, Bermuda, and St. Pierre et Miqueldon) must apply to the Washington DC Consulate.  Applicants residing in the United States living west of the Mississippi River must apply to the Los Angeles consulate.


The following table more clearly shows the breakdown of the new immigration duties of the US Consulates.

New York
Los Angeles
Washington D.C.
Detroit
Seattle

Visitor Visa

Verification of Entry

Returning Resident
Visitor Visa

Verification of Entry

Returning Resident

Visitor Visa

Verification of Entry

Returning Resident
Visitor Visa

Verification of Entry

Returning Resident

Study Permit (U.S.

 » Read more about: Restructuring of the North American Processing Network (Continued)  »

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Section 52(1) of Canada’s Immigration and Refugee Protection Act provides that a person who has been removed from Canada cannot return to Canada unless the person first receives specific authorization from immigration authorities.  This authorization is known as “authorization to return to Canada” (an “ARC“).  Whether an ARC is needed will depend on what type of removal order the person received.

Types of Removal Orders

There are three types of removal orders in Canada.  These are the “Departure Order,” the “Exclusion Order,” and the “Deportation Order”.

A Departure Order requires that a person leave Canada within 30 days after the order becomes enforceable.  Failure to do so causes the Departure Order to become a Deportation Order.

An Exclusion Order provides that the removed person cannot return to Canada for one year unless the person obtains ARC. For Exclusion Orders resulting from misrepresentation the bar is five years.

A Deportation Order results in a person being permanently barred from returning to Canada. Such a person may not return unless he/she receives ARC.

Authorizations to Return to Canada

An ARC is not routinely granted. Individuals applying for an ARC must demonstrate that there are compelling reasons to consider an ARC when weighed against the circumstances that necessitated the issuance of the removal order. Applicants must also show that they post minimal risk to Canadians and to Canadian society.

The factors that an immigration officer should consider include:

  • The severity of the immigration violation that led to the removal.

 » Read more about: Authorizations to Return to Canada  »

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