Canada immigration question

darko · Post by **darko** » Sun Apr 10, 2005 2:23 am

Hey,

I am Russian citizen. I got my Bachelors in Computer Science in the USA and I am working in the US currently on H1B visa. About 5 years ago I was refused student visa to Canada ( I wanted to go to university there ). So I applied for a US student visa and got it.

So here I am now..Thinking about immigration to Canada. Is student visa denial 5 years ago gonna affect my chances of immigration to Canada?

Another question: if I apply for immigration and got turned down will that mean I will never be able to visit Canada (because they might think I wanna stay there illegally?).

Darko

Kayalami · Post by **Kayalami** » Sun Apr 10, 2005 9:04 pm

The answer to both questions is - "it depends on the grounds of refusal". If its due to inadmissibility e.g medical or security with a lack of waivers (rehabilitation etc) a subsequent concern vis a vis the relevant Immigration Act (IA for student, IRPA for skilled worker assuming such application considered during the respective Act's lifetime) then yes entry (now and in the future) into Canada will be an issue.

darko · Post by **darko** » Mon Apr 11, 2005 7:18 pm

Sorry. The reason was that I haven't demonstrated sufficient ties with my country.

Darko

darko · Post by **darko** » Tue Apr 12, 2005 2:23 pm

Anyone has an idea:/?

Kayalami · Post by **Kayalami** » Tue Apr 12, 2005 10:20 pm

Subject to your previous refusal being on the grounds that you had no compeling ties to your country then it should not be an issue for the immigrant visa. A refusal of the immigrant visa were such to be other than on the grounds of inadmissibility would likewise not be an issue for future immigrant visa applications - it would however impact on temporary stay visa applications.

It is somewhat pre-mature to speculate on aspects of the IV prior to an application and subsequent decision...it may be there is a new Immigration Act when you apply.

I hope that helps.

darko · Post by **darko** » Sun Apr 17, 2005 4:58 pm

" A refusal of the immigrant visa were such to be other than on the grounds of inadmissibility would likewise not be an issue for future immigrant visa applications - it would however impact on temporary stay visa applications."

What does this mean? If I'm refused immigrant visa on the grounds of inadmissibility then it wouldn't be an issiue for future immigrant visa applications?

From what you said, it looks like my refusal 5 years ago isn't such a big of deal for an immigrant visa application. But you're saying if I'm refused an immigrant visa then I'll have problems getting visas for temporary stay? But only if the reason for refusal is other than on the grounds of inadmissibility? I am confused...

Kayalami · Post by **Kayalami** » Thu Apr 21, 2005 4:03 pm

I fail to see where the confusion is but here goes:

1. You apply for an immigrant visa (e.g skilled class) and it is refused due to a ground of inadmissibility. As a consequence of being inadmissible any future visa applications either temporary (e.g. visitor) or again as an immigrant (e.g. skilled class) will be refused unless the grounds of inadmissibility are overcome...some can never be.

2. You apply for an immigrant visa (e.g. skilled class) and it is refused because you did not meet the relevant points - no grounds of inadmissibility. A future application for an immigrant visa (e.g. skilled class) will be succesful if you overcome the reasons for refusal e.g you have more work experience. However a future application for a temporary visa (e.g. visitor) will be more scrutinised as you have demonstrated an intent to immigrate to Canada. Unless you have strong/ compelling ties to your country of nationality/ third country then your application for a temporary visa (e.g. visitor) will get refused.

3. You apply for a temporary visa (e.g. visitor) - refused on grounds of inadmissibility. Same scenario as 1 for either temporary or immigrant visa applications in the future.

4. You apply for a visitors visa - refused on grounds other than inadmissibility. Future applications for a temporary visa (e.g. visitor) or immigrant visa (e.g. skilled class) where you meet the requirements will be successful.

This is an overview - relevant details can be considered on the date you intend to submit your application. I presume you would be submitting at Buffalo - there is a 24 month backlog..it will only get worse...the Supreme Court of Canada has asked the Federal government to re-instate/ reconsider circa 100,000 applicants who were caught out (ruled by the courts to be illegal) by transational arrangements when the new Immigration and Refugee Protection Act was implemented in June 2002. Likewise I anticipate more delays if there is a general election in Canada expected sometime this summer due to a current crisis with the ruling party. Processing lines in the US are further increased due to record applications from third country nationals (primarily on H1B) vis a vis amendments to the US immigration system (read it takes forever and costs a fortune to get a greencard).

darko · Post by **darko** » Thu Apr 21, 2005 7:39 pm

Kayalami,

I kinda understand. Why do you keep saying "grounds of inadmissibility". I already told you that that time when I was refused visa 5 years ago was because of the fact that I haven't demonstrated ties with my home country. That was the only reason.

Thanks for your help though:P.

Also you said: "I presume you would be submitting at Buffalo - there is a 24 month backlog..it will only get worse...the Supreme Court of Canada has asked the Federal government to re-instate/ reconsider circa 100,000 applicants who were caught out (ruled by the courts to be illegal) by transational arrangements when the new Immigration and Refugee Protection Act was implemented in June 2002."

2 questions about that:
I am not really sure what you meant by reconsidering those 100k applications. Would that affect me somehow?

You said there is 24 months backlog at Buffalo. Does that mean I will have to wait for 24 months before my application will be considered or is that just average time it takes to process the application?

Thanks.

Kayalami · Post by **Kayalami** » Mon Apr 25, 2005 4:15 pm

Darko wrote:I kinda understand. Why do you keep saying "grounds of inadmissibility".

You asked a generic question with some specifics of your situation...I replied accordingly to cover all applicable eventualities as may be on the date of a relevant immigration application. Eliminate those responses with the clause "grounds of inadmissibility" and you have an answer relevant to your current situation.

Darko wrote:I am not really sure what you meant by reconsidering those 100k applications. Would that affect me somehow?

Canada has a quota for immigrants each year - it ranges from 200 - 300K. Adding 100K applicants as per the court ruling means the quota will be potentially met from a larger pool of applicants. Pursuant to this is that if the quota is met prior to your file being considered your application is held in a pool for following years.

Darko wrote:You said there is 24 months backlog at Buffalo. Does that mean I will have to wait for 24 months before my application will be considered or is that just average time it takes to process the application?

It means that you may have to wait approximatley 24 months for an initial decison to be made i.e. pass with interview waiver, pass with interview required or fail. In my experience I am yet to see any skilled worker class applicant via Buffalo go through before 18 months...I am sure there are exceptions. The requirement for interview typically adds 6-8 months to the processing times.

darko · Post by **darko** » Tue Apr 26, 2005 2:15 am

Thanks for your help Kayalami:) Wouldn't say you gave me encouraging news but at least I know:)

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