not clear on backround question "refused admission to Canada?"
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November 28, 2014, 05:48:54 pm
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Author Topic: not clear on backround question "refused admission to Canada?"  (Read 12341 times)
Boncuk
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« Reply #15 on: July 04, 2009, 05:00:33 pm »

To make sure you answer truthfully.. and yes it is for visa applications as well as I said way up Smiley It's still being denied entry even from your own country. I answered YES
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MARLENA
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« Reply #16 on: July 05, 2009, 08:32:53 am »

Boncuk have the right answer, I had called CIC-M when I completed my application and wanted to make sure since my husband was granted a visa, if I put yes or no to that specific question do they need an explanation.
They had confirmed if he was refused for a visa that I can give some explanation at the bottom.
So yes if you had refused for a visa visitor it's the same refused entering Canada.
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rjessome
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« Reply #17 on: July 05, 2009, 09:28:46 am »

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?

Boncuk, Marlena and I are just trying to help and prevent anyone from making mistakes when they fill out the forms.  WE didn't write the law nor did the consultants or lawyers.  The government did that.

You asked about these questions:

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?
This question asks if you have ever APPLIED for any type of immigration status for Canada, NOT whether or  not you received it.

- been refused refugee status in, or an immigrant or permanent resident visa or visitor or temporary resident visa to, Canada....?
This question asks if you have ever been refused any application for immigration status to Canada.

- been refused admission to, or ordered to leave, Canada or any other country?
This question does repeat what the previous question asks BUT it also asks about removal FROM Canada and ANY OTHER COUNTRY.

This form is the same for both visa-exempt and non-visa exempt countries.  They are being repetitive but they are trying to cover all scenarios from both types of countries.
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thedude
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« Reply #18 on: July 05, 2009, 06:57:16 pm »

Thanks for the help Smiley Hope this can help other people as well
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moondust
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« Reply #19 on: July 12, 2010, 12:32:05 pm »

please help

I have a question, if someone had illegally stayed in the US and is barred for 10years and went home in his own country, are we still gonna say yes to that question in the application, even he didn't went back to the US and not really refused on admission? hope someone will reply. Thank you!
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whoopi83
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« Reply #20 on: July 12, 2010, 04:02:13 pm »

Personally I think this is because we look so far into this process that we miss the general. 

If you need a visitor visa to enter any country your application for the visitor visa is basically asking this question: "I would like to enter X country to visit, is that ok?".  If you are denied a visitor visa it is the representative answering you thus: "No, I'm afraid you cannot visit".

If you are from a visa waived country then the only opportunity you have is to ask this question at a POE, you do this when you give your passport to the CBP officer.  At this point only then does the opportunity arise for the officer to say no you cannot visit.

To the OP: as rjessome and ariell have said, just accompany your Yes response with an explanation.

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canadianwoman
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« Reply #21 on: July 12, 2010, 04:12:55 pm »

please help

I have a question, if someone had illegally stayed in the US and is barred for 10years and went home in his own country, are we still gonna say yes to that question in the application, even he didn't went back to the US and not really refused on admission? hope someone will reply. Thank you!
He was ordered to leave the USA, so should put 'yes' for the question "been refused admission to, or ordered to leave, Canada, or any other country." Answering 'yes' does not mean his PR application will be refused. It just means the visa officer will check into the situation a bit more. Lying, and then being found out, will get you banned for misrepresentation.
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canadianwoman
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« Reply #22 on: July 12, 2010, 04:19:48 pm »


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?
I took this to mean that if the applicant has applied for a visa to Canada before, but was denied, he should write 'yes' to the first 2, and 'no' to the third. To me, the third question means you are denied entry at the border. This is how my husband answered these three - yes, yes, no. He had applied for a TRV and been refused, but had never actually shown up at the Canadian border and been refused entry. The visa officer, government lawyer at the appeal, and the judge at the appeal had no problem with this section of his application.

Keep in mind that if you answer yes to any of these questions, you have to explain, so if you fully explain what happened the visa officer will see that you are not ticking the 'no' box in an effort to mislead them. Therefore no danger of being found guilty of misrepresentation. In the same vein, though, if you do tick 'yes' for the third, even if the answer should have been 'no', they are also going to see your explanation and will not think you are trying to lie.
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iarblue
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« Reply #23 on: July 12, 2010, 10:48:09 pm »

  Wow i didnt think it was that confusing,its pretty self stating but thats just me.......wether it was a visa or at the POE if you didnt get the visa you were refused entry.If you were deported or asked to leave another country then you were ordered to leave,

 the first one asks if you applied for any sort of status.
 the second asked if you were refused any sort of status applied for
 the third asks if you were asked to leave or deported from Canada or any other country or were not addmissable  which means you applied and were found inaddmissable.

 SO for the third if you applied for a visit visa and were refused the visa you were found inaddmissable.
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queen latifah
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« Reply #24 on: July 13, 2010, 01:26:43 am »

what if you were refused a visa from another country, let's say like USA and if we do tick yes (we have to be truthful anyways, cos even if we put no on the forms, they'll still know cos of the stamp in the backpage of the passport that would say "US EMBASSY, Application received DATe:"...would they investigate that as well???
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jeans22
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« Reply #25 on: July 13, 2010, 07:03:39 am »

what if you were refused a visa from another country, let's say like USA and if we do tick yes (we have to be truthful anyways, cos even if we put no on the forms, they'll still know cos of the stamp in the backpage of the passport that would say "US EMBASSY, Application received DATe:"...would they investigate that as well???

I think yes just to know the reason why you were refused a visa.
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canadianwoman
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« Reply #26 on: July 13, 2010, 03:53:54 pm »

I think if you are not sure, put 'yes'. So I would answer 'yes' for the third one if I was refused a US visa. Then explain. If it is not relevant, having explained won't hurt you. But putting 'no' for the third question when the visa officer thinks having been refused a US visa means you should have ticked 'yes', may hurt you.
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moondust
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« Reply #27 on: July 20, 2010, 02:16:17 pm »

He was ordered to leave the USA, so should put 'yes' for the question "been refused admission to, or ordered to leave, Canada, or any other country." Answering 'yes' does not mean his PR application will be refused. It just means the visa officer will check into the situation a bit more. Lying, and then being found out, will get you banned for misrepresentation.

Thank you very much for your reply. his situation is he went home voluntarily because of some family issues back home but he was not ordered to leave the USA, will he still say "yes" to it? thanxs again!
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jaggs
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« Reply #28 on: November 08, 2011, 04:43:53 am »

hi everyone i really need some information about this ( refused addmission) in the form

actually i been to uk in 2009 n return back in 2010 within my visa nn later on after 1 year i again apply for studunt visa to uk bt thy refused my visa at interview bcz at interview thy asked me who i was accessed by college i told them th truth i.e ( my ielts score n academics documents n skype interview) but later on i got refusal letter from thm which states u lied at interview bcz in ur college letter thy said u got addmission by ielts score n academics only thy have not stated skype interview so u lied at th interview n thy refused e on 320 7a which means i cnt apply uk student or visitor visa for 10 years i can only apply for visa if i ll get married to british citizen .. so my point is my refusal stamp n my uk visa was on my old passport now i get new passport n i also have uk police clearance certificate bcz m getting married soon n my husbnd is canadian citizen so if i ll apply for spouse visa will my uk rejection affect my application n what to write on this point refused addmission to canada or any other country because i had not refused addmission i got my visa refused at my home country only .

can anyone plzz replyy i will b thankfull to u Smiley
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jaggs
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« Reply #29 on: November 08, 2011, 05:04:06 am »

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.


hi everyone i really need some information about this ( refused addmission) in the form

actually i been to uk in 2009 n return back in 2010 within my visa nn later on after 1 year i again apply for studunt visa to uk bt thy refused my visa at interview bcz at interview thy asked me how i was accessed by college i told them th truth i.e ( my ielts score n academics documents n skype interview) but later on i got refusal letter from thm which states u lied at interview bcz in ur college letter thy said u got addmission by ielts score n academics only thy have not stated skype interview so u lied at th interview n thy refused on 320 7a which means i cnt apply uk student or visitor visa for 10 years thy said  i can only apply for uk  visa if i ll get married or engaged to british citizen .. so my point is my refusal stamp n my uk visa was on my old passport now i get new passport n i also have uk police clearance certificate bcz m getting married soon n my husbnd is canadian citizen so if i ll apply for spouse visa will my uk rejection affect my application n what to write on this point refused addmission to canada or any other country because i had not refused addmission i got my visa refused at my home country only .

can anyone plzz replyy i will b thankfull to u
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