not clear on backround question "refused admission to Canada?"

[thedude]

Hi. On the backround/delcaration form it asks have you 'been refused admission to, or ordered t leave Canada, or any country?'   Is failing to get a tourist visa considered as being refused admission?

[RIP_MJ]

No. Failure to get visa does not constitute as "refused admission to Canada". Refused admission to Canada" means you are at the border and then refused entry due to a criminal record or an instance where the visa oficer is not satisfied you will go back or soemthing like that...

[thedude]

Gotcha. Thanks :)

[rjessome]

Umm. no, I don't agree.  In my opinion it means a refused visa application as well.

[thedude]

do either of you have experience with this or is there any number/email that I can contact to find a definate answer? I would  not like to have my application refused because I misunderstood a question.

[ariell]

Umm. no, I don't agree.  In my opinion it means a refused visa application as well.

I agree with rjessome. You were refused a visa to Canada which is the same as being refused entry to Canada.

The contact number for CIC call centre is in the application package.

[Boncuk]

It's for anything you tried to get into Canada.. that would be refusing entry... not just being at a border.. :) Tourist visas, transit visas, work permits etc.  We answered yes to ours as my husband was refused a tourist visa.  You can call CIC to verify and never should rely solely on a forum for advice.  :)

[Suin]

refuse entry is refuse at the border - some people do not need visa to enter Canada, so they can be turned away back at the border - that is what CIC says

refuse visa - at the visa office

[Suin]

It's for anything you tried to get into Canada.. that would be refusing entry... not just being at a border.. :) Tourist visas, transit visas, work permits etc.  We answered yes to ours as my husband was refused a tourist visa.  You can call CIC to verify and never should rely solely on a forum for advice.  :)

Boncuk, how many of them you ticked at the Schedule 1 Background/Declaration form? two or three? we were refused visitor's visa too.

[thedude]

hmm well I think that the safest way  is to answer 'yes' and then explain it because they have a box to explain why you think you were refused entry. I am just afraid that answering 'yes' may delay the application if the correct answer is 'no'... is the call centre automated or is there a person to answer questions?

[Hopeful Canadian]

Hi all
Well. Technicaly speaking the travel to Canada having a Temporary / Visitor Status has 2 Parts.

1. Temporary Resident Visa (TRV) or Visitor's Visa
2. Entry INTO Canada at any Border Post (Air/Sea/Land)

TRV is intended for pre-entry sreening at the Border and is considered separate from the entry. So Refusal of issuance of visa does not constitute any attempt/entry INTO Canada.

On the contrary the Entry INTO Canada - if refused at Border - is a refusal of admission to Canada; whatever the reason may be.

That is what I know and understand.

If any Senior has any doubt - Please correct it.

Always Hopeful

Hopeful Canadian

 

[thedude]

For anyone that is confused by this question, remember that you can attach an additional piece of paper explaining your answer since there will be a person looking at your papers and not a machine.

[rjessome]

Ok, I am actually studying immigration law and asked my instructors this question during class today.  My instructors are Immigration Lawyers and Certified Immigration Consultants, a few of whom are former Visa Officers.

Here is their answer:

A refusal of an application for any type of visa to Canada DOES constitute a denial of entry to Canada.  A refusal of entry at a Port of Entry to Canada ALSO constitutes a denial of entry to Canada.  So if you have been denied a visa application (any type) or been denied entry at the border, you answer YES to this question on the Background Declaration form.

WARNING:  If you answer NO to this question because you have been denied a visa application but have never been denied at the Port of Entry (because you COULDN'T get there in the first place), the Visa Officer reviewing your new application for PR (or any type), will see through the CAIPS or FOSS notes that you had in fact applied before, been refused, gave a FALSE answer on the Background Declaration, and are therefore guilty of misrepresentation and you will be automatically barred from Canada for two years.

[Suin]

so why they put three separate questions then? why not to mention everything in a one?

on the question 9 Schedule 1 Background Declaration they say:

Have you, or,  if you are the principal applicant, any of your family members listed in your application for permanent residence in Canada, ever:

-  previously sought refugee status in Canada or applied for a Canadian immigrant or permanent residence visa or visitor or temporary resident visa?

- been refused refugee status in, or an immigrant or permanent resident visa or visitor or temporary resident visa to, Canada....?

- been refused admission to, or ordered to leave, Canada or any other country?

how can your consultants explain that?

[Suin]

they themselves make it complicated to the applicants.


why to have these questions separated once they think that they mean the same?

can anyone explain that?