Need advice - Re entry to Canada after refugee claim

[carolbb23]

Agreed. TRV was no longer valid and had been cancelled. Only option at this point is to reapply for a new TRV.

does he need an arc

 

[scylla]

No - he shouldn't need an ARC provided he left before the stipulated departure date.

 

[carolbb23]

No - he shouldn't need an ARC provided he left before the stipulated departure date.

just needs a new visa which coat money

 

[shaheersinn]

So the reason for claiming refugee status has not gone away at all. Therefore it is incredibly likely (according to IRCC/CBSA) that you will just claim refugee status again next time you enter Canada.

`

No. I totally understand that I cannot apply for refugee status again. This has been outlined in IRCC rules and I was totally made aware of this fact before I withdrew. So this thought that I might apply for refugee status again makes no sense. Its is illegal and I cant.

I believe my TRV was cancelled. To apply for a new TRV, it will take around 6 months (minimum processing time). And even then, I'm not sure if I will be given one. Instead, I will stay here in my own country and file a formal complaint against CBSA officer. My studies and research has been affected already.

 

[carolbb23]

`

No. I totally understand that I cannot apply for refugee status again. This has been outlined in IRCC rules and I was totally made aware of this fact before I withdrew. So this thought that I might apply for refugee status again makes no sense. Its is illegal and I cant.

I believe my TRV was cancelled. To apply for a new TRV, it will take around 6 months (minimum processing time). And even then, I'm not sure if I will be given one. Instead, I will stay here in my own country and file a formal complaint against CBSA officer. My studies and research has been affected already.

the officer never made you aware that you can make a new travel visa, I am wondering if you make a compliant about this officer they will do something about it and I think it is hard to beat cbsa I could be wrong because they can lawyer up and use stiplatons

 

[scylla]

the officer never made you aware that you can make a new travel visa, I am wondering if you make a compliant about this officer they will do something about it and I think it is hard to beat cbsa I could be wrong because they can lawyer up and use stiplatons

Registering a complaint against the CBSA officer won't get the OP's visitor visa back or change the OP's situation.

The only thing that can do that is reapplying for a TRV.

 

[Rob_TO]

`

No. I totally understand that I cannot apply for refugee status again. This has been outlined in IRCC rules and I was totally made aware of this fact before I withdrew. So this thought that I might apply for refugee status again makes no sense. Its is illegal and I cant.

Are you sure about this?
http://www.cic.gc.ca/english/resources/tools/refugees/canada/processing/withdrawal.asp
At any point prior to the referral of a claim to the Refugee Protection Division (RPD), or the determination that the claim is not eligible for referral, the client may indicate that they no longer wish to pursue the claim. Such a discontinuation is not considered a withdrawal for the purposes of paragraph A101(1)(c) of IRPA. This means that if the person concerned makes a refugee claim at a later date, it cannot be determined ineligible under A101(1)(c).

I'm not too familiar with refugee claims process so may not be interpreting this correctly, but since you withdrew your claim early on in the process you may still be eligible to submit a new claim later on?

Regardless of this fact, CBSA/IRCC is also looking at your situation and if you are a risk to overstay your TRV/study permit after they expire. Since you've already shown a strong indication to stay in Canada permanently, and the reason for that has not gone away, you are an incredibly high (on paper) overstay risk.

 

[carolbb23]

Registering a complaint against the CBSA officer won't get the OP's visitor visa back or change the OP's situation.

The only thing that can do that is reapplying for a TRV.

i understand bit it's difficult to take on cbsa and you know they always win

 

[carolbb23]

Registering a complaint against the CBSA officer won't get the OP's visitor visa back or change the OP's situation.

The only thing that can do that is reapplying for a TRV.

he's wasting time and money

 

[carolbb23]

Are you sure about this?
http://www.cic.gc.ca/english/resources/tools/refugees/canada/processing/withdrawal.asp
At any point prior to the referral of a claim to the Refugee Protection Division (RPD), or the determination that the claim is not eligible for referral, the client may indicate that they no longer wish to pursue the claim. Such a discontinuation is not considered a withdrawal for the purposes of paragraph A101(1)(c) of IRPA. This means that if the person concerned makes a refugee claim at a later date, it cannot be determined ineligible under A101(1)(c).

I'm not too familiar with refugee claims process so may not be interpreting this correctly, but since you withdrew your claim early on in the process you may still be eligible to submit a new claim later on?

Regardless of this fact, CBSA/IRCC is also looking at your situation and if you are a risk to overstay your TRV/study permit after they expire. Since you've already shown a strong indication to stay in Canada permanently, and the reason for that has not gone away, you are an incredibly high (on paper) overstay risk.

he will always be a risk or flagged no matter what

 

[assen89]

Try and come through express entry. It will be hard for you to get your TRV to continue with your studies.

 

[canadian90]

`
I will stay here in my own country and file a formal complaint against CBSA officer. My studies and research has been affected already.

Do you know who the officer is? If so, do you have an evidence that proves your claim that she did lie to you?

Nobody recommends complaining against CBSA, this will even affect any attempt to re-enter Canada, including the express entry.

The matter of the fact is, you should have consulted a lawyer before departing Canada. CBSA is not a consultant service to ask.

 

[shaheersinn]

Do you know who the officer is? If so, do you have an evidence that proves your claim that she did lie to you?

Nobody recommends complaining against CBSA, this will even affect any attempt to re-enter Canada, including the express entry.

The matter of the fact is, you should have consulted a lawyer before departing Canada. CBSA is not a consultant service to ask.

I have every information of CBSA officer. But yes I agree. I should have consulted a lawyer. Regretfully I did not

 

[socrates]

I have every information of CBSA officer. But yes I agree. I should have consulted a lawyer. Regretfully I did not

Sorry for you man. you really lost your chance this time. You could have just studied and worked like just anyone else and secured a permanent residency. It was different if you had applied for visitor visa and then claimed refugee status. Since you have a history now its better you try to immigrate to another country like NZ or AUS. It would be super hard for you to pursue a life in Canada in future. Good luck man.

 

[scylla]

Sorry for you man. you really lost your chance this time. You could have just studied and worked like just anyone else and secured a permanent residency. It was different if you had applied for visitor visa and then claimed refugee status. Since you have a history now its better you try to immigrate to another country like NZ or AUS. It would be super hard for you to pursue a life in Canada in future. Good luck man.

OP can still apply to immigrate through a program like Express Entry.

However getting any sort of temporary visa approved (e.g. visitor visa, work permit, study permit) is probably out of the question now.