Canada ETA application after denied USA entry

[jonsul14]

Just over a year ago, I flew to the states from the UK and was denied entry into the country at JFK airport. The border agents there googled me and discovered I had a freelance based occupation that I hadn't previously disclosed, which they decided meant that I apparently planned to work illegally in the states. I was then sent back over the Atlantic, after about 12 hours of being treated like an actual criminal.

Now I need to go to Canada to visit an old friend. However, one of the questions on the ETA application is - 'have you ever been denied entry to Canada or any other country'.

How likely am I to have my ETA approved, after disclosing what happened with my USA visit?

And is it true that the Canadian authorities will know what happened anyway, because they automatically share information with the USA?

Thanks in advance

 

[scylla]

Just over a year ago, I flew to the states from the UK and was denied entry into the country at JFK airport. The border agents there googled me and discovered I had a freelance based occupation that I hadn't previously disclosed, which they decided meant that I apparently planned to work illegally in the states. I was then sent back over the Atlantic, after about 12 hours of being treated like an actual criminal.

Now I need to go to Canada to visit an old friend. However, one of the questions on the ETA application is - 'have you ever been denied entry to Canada or any other country'.

How likely am I to have my ETA approved, after disclosing what happened with my USA visit?

And is it true that the Canadian authorities will know what happened anyway, because they automatically share information with the USA?

Thanks in advance

You have no choice but to disclose the US refusal. Yes, Canada and the US share information and Canada will find out anyway if you try to hide it. If you try to hide it, you will also be risking a 5 year misrepresentation ban from Canada.

The Canadian eTA can certainly still be approved, even with the US refusal. However be prepared for longer processing times since your application may go to secondary review. This could end up taking several months vs. the almost instant approval you would get otherwise. Don't book any tickets to fly here until you have the approved eTA in hand.

 

[jonsul14]

You have no choice but to disclose the US refusal. Yes, Canada and the US share information and Canada will find out anyway if you try to hide it. If you try to hide it, you will also be risking a 5 year misrepresentation ban from Canada.

The Canadian eTA can certainly still be approved, even with the US refusal. However be prepared for longer processing times since your application may go to secondary review. This could end up taking several months vs. the almost instant approval you would get otherwise. Don't book any tickets to fly here until you have the approved eTA in hand.

Thanks for the info, do you know what I can expect from a secondary review? Will they ask for documents etc?

 

[scylla]

Thanks for the info, do you know what I can expect from a secondary review? Will they ask for documents etc?

I don't know for sure. My guess is that they probably won't. I guess they might ask you for the details on why you were refused entry. If they do, I would keep it super factual, relatively short, and stay away from commenting on whether this treatment was or was not appropriate. e.g. I failed to declare self-employment in my application for entry into the USA and this was discovered at the port of entry when I was coming to the USA as a tourist on vacation. I was refused entry due to concerns that I would seek employment in the USA. (Or something like that.)

 

[Copingwithlife]

Thanks for the info, do you know what I can expect from a secondary review? Will they ask for documents etc?

As mentioned , if they ask for information , just the facts . Nothing more, nothing less . No emotional tirades on how you felt you were treated as a “ criminal.” They look at the facts only , not the emotional aspect

 

[jonsul14]

I don't know for sure. My guess is that they probably won't. I guess they might ask you for the details on why you were refused entry. If they do, I would keep it super factual, relatively short, and stay away from commenting on whether this treatment was or was not appropriate. e.g. I failed to declare self-employment in my application for entry into the USA and this was discovered at the port of entry when I was coming to the USA as a tourist on vacation. I was refused entry due to concerns that I would seek employment in the USA. (Or something like that.)

Yes there's a section on the ETA form in which I can write down what happened. I had thought about including the fact that it was really harsh (I ended up being frisked and everything), but as you say it's probably best to keep it factual, even though it was a terrible experience. I guess it's then a case of hoping the outcome is reasonable

 

[jonsul14]

As mentioned , if they ask for information , just the facts . Nothing more, nothing less . No emotional tirades on how you felt you were treated as a “ criminal.” They look at the facts only , not the emotional aspect

Yes I understand, although it is tempting to convey how unfair it was, it's probably best not to

 

[scylla]

Yes there's a section on the ETA form in which I can write down what happened. I had thought about including the fact that it was really harsh (I ended up being frisked and everything), but as you say it's probably best to keep it factual, even though it was a terrible experience. I guess it's then a case of hoping the outcome is reasonable

Yes, explain it there. Definitely keep the emotion out - that generally doesn't roll well with IRCC and may work against you. State facts. Take responsbility for failing to declare the self-employment in your application.

 

[jonsul14]

It's been approved! And within about 6hrs of submitting it. I'm happy but also quite surprised, given that I declared what happened. I'd imagine I shouldn't have too much trouble upon arrival at the airport now?

 

[scylla]

It's been approved! And within about 6hrs of submitting it. I'm happy but also quite surprised, given that I declared what happened. I'd imagine I shouldn't have too much trouble upon arrival at the airport now?

Great news! You should anticipate no issues at the border when you enter Canada.

 

[Copingwithlife]

Yes I understand, although it is tempting to convey how unfair it was, it's probably best not to

I understand. I used to work at EI and if claimants benefits were denied I would take a report from the individual and send it off to the adjudicator, to make a decision on reversing the denial . As I’d tell the person , I just need the facts , no embellishment , no emotion , just the facts . It’s akin to a court hearing . Just the facts sir/ma’am, just the facts
Good it worked out for you

 

[Kiva667]

It's a known fact that when arriving in any country you don't speak unless spoken to, you don't volunteer information that isn't requested, and in general say nothing about anything that doesn't pertain to the questions asked.

For example, when my wife arrived in Canada the first time with her PR, the Immigration officer asked her only two questions:

1) you baby? Pointing to her abdomen. My wife said, "no."

2) you money? My wife said,"yes."

And we walked out of the secondary inspection room.

I was told not to translate the questions lol