My boyfriend was denied re entry what should we do!?

[Deyonce]

hey! Hopefully someone could help me!

So my american boyfriend was denied re entry into Canada. He has been going back and forth from here and the states for the lat 1.5 years every 6 months.

Last weekend he was denied entry into the country because the immigration officer found out he was “working”. He wasn’t technically working because it was him doing odd jobs for a family member every now and then and they would pay him small amounts of money nothing over a hundred dollars. The immigration officer went through his phone (she had no grounds because he told her that he was hear staying and looking after his sick Aunt while still working on getting s work permit in the country. Which is completely legal because I checked. And then she asked to see his phone)

They sent him back to the USA saying he can return to Canada to work once he has a work permit. But she didn’t say if his visitation rights were revoked. He wants to become a permanent resident but through doing a work permit in the country.

So multiple questions:

Did the immigration officer have the right to do what she did even though there was no suspicious behaviour on his part? He has a clean record and this has never happened before.

Is he allowed to return to the country on his visitation?( he has a stamp in his passport from the first time he ever came to Canada which says December 2018 on it and we googled it and it said that it’s a stamp telling you when you must leave the country by but he has never applied for a visa to the country)

We were advised by a friend to call Canada Border Service Agency to inquire about the status of his passport. The immigration officer told him this wasn’t going on his record. But they handcuffed and detained him over night. (Again he has NO criminal record and they said to him his situation was no big deal and that it was standard procedure because they couldn’t find a flight until the next morning) is it wise to call the CBSA to inquire about his status in the country? Do you think his passport is flagged.

Someone please help. He’s really only here to make a better life for himself and to help take care of his elderly Aunt.

 

[Bs65]

Well although others I am sure will comment as well he was doing odd jobs and getting paid which is working. People have even been told they are working when just baby sitting on a visitor visa but getting paid even just one dollar pushes him over the edge.

Expect you have seen the definition of work and likely the mention of payment was the main issue

https://www.canada.ca/en/immigratio...y-residents/foreign-workers/what-is-work.html

As for searching CBSA same as US CBP have rights to search just about anything in a travellers possession and even to confiscate if someone decides not to volunteer access.

https://www.cbsa-asfc.gc.ca/travel-voyage/ssi-sis-eng.html

I am no expert but sounds as though he had some sort of administrative refusal of entry as opposed to some sort of ban but others will nee comment on that. I expect US CBP would use the handcuffs as well if holding someone overnight, at least from the entry point to a holding room.

 

[Buletruck]

Just about any work he would do as a visitor in Canada is illegal, and that includes “helping” family and friends, particularly for payment (not just cash). So technically, he was working illegally. The fact it seems he spends more time in Canada than the US is also going to be an issue. Now that he’s been refused entry, you can expect that he has been flagged in the system. Working illegally will likely have repercussions on a work permit application as well, making more difficult for him to acquire one.

As far as CBSA going through his phone and detaining him, they certainly do have the right to do so, with or without cause. CBSA has extremely broad powers to use at their discretion. And as a foreign national, his rights are pretty much limited to comply with their request or face seizure and exclusion from Canada for an extended period. Remember, he’s a visitor to Canada! And CBSA has the right and authority to let him enter or not. Handcuffs would be standard procedure for someone being detained, high risk or not.

If he returns, he needs to completely abstain from working. Until he obtains a work permit or permenent residence, working in Canada is illegal, best intentions or not. To continue to do so will likely result in being banned if caught for an extended period of time. If that happens, even after the ban, entry will likely be difficult.

 

[russ6970]

Unfortunately, I agree. Doing odd jobs might not technically seem like working, but in their eyes it is. Getting paid for it is worse. Hopefully it won't be a ban. Every time from now on he will expect a grilling from the officer as his passport will probably now be flagged for this indiscretion.

 

[scylla]

He was working illegally. This is as very serious violation of his visitor privileges. He's very lucky he wasn't issued and exclusion order and banned from re-entering Canada for a year.

I would recommend he not attempt re-entering Canada as a visitor for a while (at least a few months). If he's able to obtain a work permit from outside of Canada, then he can re-enter earlier.

Yes - his passport has absolutely been flagged.

 

[Deyonce]

Thanks for reply!

My main question is would he just be allowed to visit? He has to do a medical exam for his open work permit from a panel physician provided by the government of Canada where he lives in the US. only the exam is very costly (520 USD). If he is allowed to visit it would make sense if he would be able to come do it here because I’m sure it would be a lot cheaper. He doesn’t have insurance but wouldn’t mind paying a cheap round trip ticket to do it here.

The woman told him its not going on his record but I knew it was probably a lie because there’s no way they would detain him and not keep a file of it on his passport.

He was working illegally. This is as very serious violation of his visitor privileges. He's very lucky he wasn't issued and exclusion order and banned from re-entering Canada for a year.

I would recommend he not attempt re-entering Canada as a visitor for a while (at least a few months). If he's able to obtain a work permit from outside of Canada, then he can re-enter earlier.

Yes - his passport has absolutely been flagged.

 

[Deyonce]

It was only twice he helped his family do something and they just gave him a little money for it. I think that’s pretty stupid. But I guess you’re right.

Dionne

He was working illegally. This is as very serious violation of his visitor privileges. He's very lucky he wasn't issued and exclusion order and banned from re-entering Canada for a year.

I would recommend he not attempt re-entering Canada as a visitor for a while (at least a few months). If he's able to obtain a work permit from outside of Canada, then he can re-enter earlier.

Yes - his passport has absolutely been flagged.

It

 

[scylla]

Thanks for reply!

My main question is would he just be allowed to visit? He has to do a medical exam for his open work permit from a panel physician provided by the government of Canada where he lives in the US. only the exam is very costly (520 USD). If he is allowed to visit it would make sense if he would be able to come do it here because I’m sure it would be a lot cheaper. He doesn’t have insurance but wouldn’t mind paying a cheap round trip ticket to do it here.

The woman told him its not going on his record but I knew it was probably a lie because there’s no way they would detain him and not keep a file of it on his passport.

I would not recommend he visit again soon. He should remain outside of Canada for several months before attempting to re-enter (I would wait at least three months - maybe more). The refusal is absolutely on his record and he can expect close inspection each time he re-enters in the future. During the three months he remains outside of Canada, he should work to build ties to the US (e.g. employment).

When he does re-enter, he should make sure it's for a short visit (week or less).

 

[Rob_TO]

Thanks for reply!

My main question is would he just be allowed to visit? He has to do a medical exam for his open work permit from a panel physician provided by the government of Canada where he lives in the US. only the exam is very costly (520 USD). If he is allowed to visit it would make sense if he would be able to come do it here because I’m sure it would be a lot cheaper. He doesn’t have insurance but wouldn’t mind paying a cheap round trip ticket to do it here..

Under what basis is he applying for an open work permit??

US citizens can only qualify for work permits in Canada under very specific situations:
- are married/common-law with a Canadian, are currently inside Canada, and have submitted an INLAND app for PR family class sponsorship
- qualify for working holiday/SWAP program (for recent US graduates)
- have an offer of employment AND the employer has successfully gone through long and costly LMIA process (closed work permit)
- has a job offer plus education/work experience that qualifies under specific NAFTA professions (closed work permit)

If he doesn't fall under any of these categories, any open work permit he applies for will simply be rejected since he doesn't qualify for one, meaning the costly medical exam plus work permit application fees would be a waste of time to do. Make sure he qualifies before starting anything

 

[scylla]

It was only twice he helped his family do something and they just gave him a little money for it. I think that’s pretty stupid. But I guess you’re right.

He was paid - it's very clearly working which he's not allowed to do while here as a visitor. It's not stupid - it honestly should have been obvious to him that he was working if he was being paid. It doesn't matter who he worked for.

Even if he wasn't paid by his aunt but lived at her home rent free - that would still be classified as working since he's receiving a benefit in exchange for work.

He needs to be very careful and understand the rules to avoid future violations. As a visitor - he is permitted to visit as a tourist. That's it. He shouldn't be helping anyone or doing anything around the house or elsewhere to assist anyone. He needs a work permit to do that.

 

[Deyonce]

Okay thank you!

We did the questionnaire through the Canadians government site which basically asks you questions to determine what type of application you are eligible for. And the open work permit was the one we were given because he doesn’t have a job offer but with that permit to my knowledge you don’t need an offer to be accepted into the country.

Under what basis is he applying for an open work permit??

US citizens can only qualify for work permits in Canada under very specific situations:
- are married/common-law with a Canadian, are currently inside Canada, and have submitted an INLAND app for PR family class sponsorship
- qualify for working holiday/SWAP program (for recent US graduates)
- have an offer of employment AND the employer has successfully gone through long and costly LMIA process (closed work permit)
- has a job offer plus education/work experience that qualifies under specific NAFTA professions (closed work permit)

If he doesn't fall under any of these categories, any open work permit he applies for will simply be rejected since he doesn't qualify for one, meaning the costly medical exam plus work permit application fees would be a waste of time to do. Make sure he qualifies before starting anything

 

[Deyonce]

Okay I guess.

He was paid - it's very clearly working which he's not allowed to do while here as a visitor. It's not stupid - it honestly should have been obvious to him that he was working if he was being paid. It doesn't matter who he worked for.

Even if he wasn't paid by his aunt but lived at her home rent free - that would still be classified as working since he's receiving a benefit in exchange for work.

He needs to be very careful and understand the rules to avoid future violations. As a visitor - he is permitted to visit as a tourist. That's it. He shouldn't be helping anyone or doing anything around the house or elsewhere to assist anyone. He needs a work permit to do that.

Ye

 

[Deyonce]

He has two uncles here who work full time. The original plan was to get them to sponsor him to be in the country. Anybody have an insights on that?

 

[scylla]

He has two uncles here who work full time. The original plan was to get them to sponsor him to be in the country. Anybody have an insights on that?

There's no option that allows him to get an open work permit through his uncles. As Rob_TO explained, open work permits are only granted under very specific circumstances. Based on the information you've provided so far, he doesn't meet any of these requirements.

Assuming he doesn't qualify for an OWP, then he would need to apply for a closed work permit. To get a closed work permit, he either needs to have a job that qualifies under NAFTA (only very specific occupations qualify) - or he needs a job offer and approved LMIA from his employer. LMIAs are expensive and difficult to get - it also takes a long time (plan on 4-6 months with no guarantee of approval). The first step is for the employer to advertise the job in at least thee locations that meet the LMIA requirements for a month to prove no Canadian could be hire for the role. Next the employer has to pay a $1,000 fee and submit a bunch of paperwork - then wait a number of months for the LMIA to be processed.

What occupation does your boyfriend hold?

 

[Buletruck]

That’s unlikely to work for him. Assuming that between the aunt and uncles, some of them are related, the chance of sponsorship is zero. Depending on the province the uncles live in, he might (not sure) be able to claim points for a provincial nomination. He would have to do his research first.