Best way to re-enter Canada after denied refugee claim

[newgame]

Hi, I'm here to ask what is the best way to re-enter Canada after a refugee claim has been denied.

We applied for refugee status in 2004, lived in Canada for 8 years and were told that our claim was denied in 2012. Left within the 30 days.

My dad later applied for Ontario PNP and that was approved but when we applied for our work permits, they told us that they didn't think we would leave once the work permits expire, thus refusing the work permits.

So what would be the best way for me (a 18 year old student) to re-enter Canada and finish my studies(highschool)

 

[zardoz]

In all honesty, I think you are going to find it extremely difficult. As you have seen, CIC already consider your family an overstay risk, given your previous history. Obviously, it's worth applying for a study permit and TRV on your own but unless things have drastically changed in your personal ties to whichever country you are now residing in, I think the chances are slim to none. The only other alternative is to apply via a stream that would give permanent resident status, but your age/lack of skilled work experience/academic level would make me think that only Family Class sponsorship as a spouse/common-law partner would be available, if in fact you had a partner in Canada...

Sorry, it's not looking good.. Others may have alternatives you could try..

 

[scylla]

It's not clear if you were included in your father's PNP application or not. If you were included, then you will have to wait until your PR applications are approved and your PR visas are issued before you will be able to return to Canada. There is absolutely zero chance you will be approved before that for a study permit, work permit or visitor visa due to the failed refugee claim.

 

[newgame]

In all honesty, I think you are going to find it extremely difficult. As you have seen, CIC already consider your family an overstay risk, given your previous history. Obviously, it's worth applying for a study permit and TRV on your own but unless things have drastically changed in your personal ties to whichever country you are now residing in, I think the chances are slim to none. The only other alternative is to apply via a stream that would give permanent resident status, but your age/lack of skilled work experience/academic level would make me think that only Family Class sponsorship as a spouse/common-law partner would be available, if in fact you had a partner in Canada...

Sorry, it's not looking good.. Others may have alternatives you could try..

Thanks for the reply. I have a question now, since I was included in my father's PNP application and our PR application is being processed(I believe it has 3 months now), would I leave some type of negative impact by applying for a study permit or TRV? I don't want to do anything that would harm the process.

Thanks

 

[scylla]

Thanks for the reply. I have a question now, since I was included in my father's PNP application and our PR application is being processed(I believe it has 3 months now), would I leave some type of negative impact by applying for a study permit or TRV? I don't want to do anything that would harm the process.

Thanks

You can certainly apply (no negative impact on the PNP application). I think it's a complete waste of your money - but again, you can certainly try. I assume you're aware that you will have to pay foreign student fees until you become a PR. You should budget $12K to $14K per year for the tuition. You'll also need to demonstrate that you have $10K to cover living expenses for a year and also sufficient funds to pay for travel. So all said, to have any chance of the study visa being approved, you'll need to show a bank balance of around $30K.

 

[newgame]

Yeah I'm aware of the fees and expenses. Is it the same case if I apply for a TRV?

 

[scylla]

Yeah I'm aware of the fees and expenses. Is it the same case if I apply for a TRV?

A TRV will allow you to visit Canada as a tourist - you won't be able to attend school.

You should still show proof of funds if you want to come to Canada as a tourist, but you certainly don't need to show as much as you would if you're coming as a student.

 

[zardoz]

Yeah I'm aware of the fees and expenses. Is it the same case if I apply for a TRV?

You may be confused between a "permit" and a "visa". Basically a TRV is what allows you to enter the country. A permit defines what you are allowed to do there. The default status of a TRV is as a "visitor". No work, no study.

 

[newgame]

You may be confused between a "permit" and a "visa". Basically a TRV is what allows you to enter the country. A permit defines what you are allowed to do there. The default status of a TRV is as a "visitor". No work, no study.

Yeah I was clear on that, was just wondering if I had to show as much money as if I applied for a study permit.

 

[newgame]

I know the chance of getting either are very slim, but which of the two application would you guys suggest for me?

Also, I know I can't attend a school without a study permit but couldn't I go to some kind of institutions that offer courses or something similar?

Thanks for all the replies.

 

[zardoz]

You can do courses of, I think, less than 6 months duration as a visitor. What would be the purpose?

 

[scylla]

I know the chance of getting either are very slim, but which of the two application would you guys suggest for me?

The chances aren't slim - they're non-existent. I would recommend you forget about applying for either and focus on either studying or working in the country you're in now until your father's PR visa is approved.

 

[newgame]

The chances aren't slim - they're non-existent. I would recommend you forget about applying for either and focus on either studying or working in the country you're in now until your father's PR visa is approved.

Ok, but my question now is why would Canada prefer to approve my dad's PR visa over work permits or even study permit? I'm not saying I don't believe our lawyer but he says we have 99% chance of getting our PR visa approved. It just doesn't make sense to me.

 

[PMM]

Hi

Ok, but my question now is why would Canada prefer to approve my dad's PR visa over work permits or even study permit? I'm not saying I don't believe our lawyer but he says we have 99% chance of getting our PR visa approved. It just doesn't make sense to me.

Because Study/Work permits are temporary status where you are expected to leave Canada after the work/study. A refugee claims indicates you would have little or no intention of leaving if admitted as a student/worker.

 

[newgame]

Hi


Because Study/Work permits are temporary status where you are expected to leave Canada after the work/study. A refugee claims indicates you would have little or no intention of leaving if admitted as a student/worker.

Yeah I understand that, I just thought Canada would prefer approving permits and have us spend money on our necessaties like studies and health care, etc..

Are the chances that my dad's PR visa get approved really that high? I mean after all the things that they have denied us.. All we really have is an approved provincial nominee application.