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Would withdrawal of refugee claim affect me in the future

zardoz

VIP Member
Feb 2, 2013
13,304
2,166
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
Does this affect me also if I decide to immigrate to canada legaly next year ?
This will not directly impact an immigration application.

The reason that it has such a negative impact on future visa applications is that for those, you need to show that you WILL leave Canada after they expire. Making an asylum claim demonstrates an intention NOT to leave.

An immigration application, on the other hand, demonstrates a clear intention to stay in Canada, which is what they are for.
 

mosor

Star Member
Jun 28, 2017
93
18
Depends where and how did you apply?
1. Did you cross illegally at Roxham rd and make a claim at the refugee centre or be sent to Montreal to make a claim?
2. Did cross legally and you make an appointment for refugee at the Montreal IRCC office and fill out a basis claim and submit fingerprints ?
3. Did you cross legally, told Montreal IRCC you intended to make your claim, but never showed up for your appointment and never submitted fingerprints ( thinking this is your case if you still had your passport)

If #3 is your situation, you technically never made a refugee claim, it won’t show up in any info sharing. There will be some GCMS info you tried to make a claim and it might be a little harder to get a Canadian visa.


If #1 or #2 applies then the UK or Australia can get that information from Canada since they are part of the “five eyes” program, but only if they think to make the request from Canada.

If 1 or 2 apply did you confirm your departure before leaving? If you did not and 30 days go by, you will be deemed deported and can never come back without an authorization to return. If you did confirm departure, you can come back at any time as long as you can satisfy an officer you will go home.

You’re not banned from US travel though. Just have to satisfy them that you won’t overstay.
 
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Kokarof

Full Member
Feb 5, 2019
46
0
No it won’t as long as you are upfront about all of your various applications. It will likely cause problems for family members looking to come to Canada on a temporary basis.
Even crossing through roxham road (illegaly) will not ban me for 5 years?
 

Kokarof

Full Member
Feb 5, 2019
46
0
This will not directly impact an immigration application.

The reason that it has such a negative impact on future visa applications is that for those, you need to show that you WILL leave Canada after they expire. Making an asylum claim demonstrates an intention NOT to leave.

An immigration application, on the other hand, demonstrates a clear intention to stay in Canada, which is what they are for.
Even crossing through roxham road (illegaly) will not ban me for 5 years?
 

Kokarof

Full Member
Feb 5, 2019
46
0
Depends where and how did you apply?
1. Did you cross illegally at Roxham rd and make a claim at the refugee centre or be sent to Montreal to make a claim?
2. Did cross legally and you make an appointment for refugee at the Montreal IRCC office and fill out a basis claim and submit fingerprints ?
3. Did you cross legally, told Montreal IRCC you intended to make your claim, but never showed up for your appointment and never submitted fingerprints ( thinking this is your case if you still had your passport)

If #3 is your situation, you technically never made a refugee claim, it won’t show up in any info sharing. There will be some GCMS info you tried to make a claim and it might be a little harder to get a Canadian visa.


If #1 or #2 applies then the UK or Australia can get that information from Canada since they are part of the “five eyes” program, but only if they think to make the request from Canada.

If 1 or 2 apply did you confirm your departure before leaving? If you did not and 30 days go by, you will be deemed deported and can never come back without an authorization to return. If you did confirm departure, you can come back at any time as long as you can satisfy an officer you will go home.

You’re not banned from US travel though. Just have to satisfy them that you won’t overstay.
Are you sure im not banned for 5 years for crossing illegal? Im stressed out because im afraid to start my ee application then find that im banned
How i can get sure
 

mosor

Star Member
Jun 28, 2017
93
18
Are you sure im not banned for 5 years for crossing illegal? Im stressed out because im afraid to start my ee application then find that im banned
How i can get sure
Where are you getting this information about a 5 year ban. The only time Canada issues a 5 year ban is if you misrepresented yourself on an immigration process. Canadian law says Refugees cannot be reportable for misrepresentation to get to Canada, so it’s impossible to get a five year ban if you just withdrew your claim.

There are only two scenarios for you. When you left Canada did you tell Border Services and have them witness you leaving? If not and 30 days went by, you will be deemed deported and can never come back unless you get an authorization to return. You may even have a warrant for your arrest because they don’t know you left Canada.

If you told the officers you are leaving, signed the confirmation of departure and they witnessed you leaving within 30 days of withdrawing your claim, you get what is called a departure order. It means you have to leave but you are welcome to come back anytime in the future.
 
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Kokarof

Full Member
Feb 5, 2019
46
0
Where are you getting this information about a 5 year ban. The only time Canada issues a 5 year ban is if you misrepresented yourself on an immigration process. Canadian law says Refugees cannot be reportable for misrepresentation to get to Canada, so it’s impossible to get a five year ban if you just withdrew your claim.

There are only two scenarios for you. When you left Canada did you tell Border Services and have them witness you leaving? If not and 30 days went by, you will be deemed deported and can never come back unless you get an authorization to return. You may even have a warrant for your arrest because they don’t know you left Canada.

If you told the officers you are leaving, signed the confirmation of departure and they witnessed you leaving within 30 days of withdrawing your claim, you get what is called a departure order. It means you have to leave but you are welcome to come back anytime in the future.
Yes of course the immigration knows that i left Canada actually I signed departure order just before getting into my plane

About the 5 years ban ive heard it from the refugee claimants in the shelter when i was there :/
 

mosor

Star Member
Jun 28, 2017
93
18
Yes of course the immigration knows that i left Canada actually I signed departure order just before getting into my plane

About the 5 years ban ive heard it from the refugee claimants in the shelter when i was there :/
Well there is no year ban. You are welcome to come back to Canada at any time as long as you can get a visa. Getting a visa might be a little harder because you have to convince the officer you are willing to leave. If you are looking to immigrate another way, then the previous refugee claim won’t affect you.
 

Kokarof

Full Member
Feb 5, 2019
46
0
Well there is no year ban. You are welcome to come back to Canada at any time as long as you can get a visa. Getting a visa might be a little harder because you have to convince the officer you are willing to leave. If you are looking to immigrate another way, then the previous refugee claim won’t affect you.
Thank you