Re entering Canada on IEC after PR application refused

[BritInWoodbridge]

Hi All,

My application for PR through Express Entry was refused yesterday (but that's a separate story), although I am on an IEC Visa that doesn't expire until December 2020. I am due to go back to UK on two separate occasions, one in March 2020 and again in May 2020, I'm just wondering am I likely to run into any issues getting back into Canada both times if I have a refused PR application, and is there anything extra I would need to do?

Thanks.

 

[bellaluna]

Depends on the reason for refusal. If you were refused for a missing document and it's not misrepresentation, probably not. If you were refused for criminality, then yes.

 

[BritInWoodbridge]

It was basically for not giving (as far as they were concerned) enough informaation on my previous experience, but definitely not criminality. And to be more specific regarding IEC, it would not be revoked or anything, and I could go straight back to work?

 

[scylla]

It was basically for not giving (as far as they were concerned) enough informaation on my previous experience, but definitely not criminality. And to be more specific regarding IEC, it would not be revoked or anything, and I could go straight back to work?

You should have no issues returning to Canada and going back to work provided your IEC is still valid.

 

[canuck_in_uk]

It was basically for not giving (as far as they were concerned) enough informaation on my previous experience, but definitely not criminality. And to be more specific regarding IEC, it would not be revoked or anything, and I could go straight back to work?

It is not revoked and you can work.

 

[vensak]

It was basically for not giving (as far as they were concerned) enough informaation on my previous experience, but definitely not criminality. And to be more specific regarding IEC, it would not be revoked or anything, and I could go straight back to work?

ok did you get procedural fairness letter? What exactly was the rejection reason there. Attention if ever you got a misinterpretation (and that can happen even when it comes to your work experience), that would be bad.
Secondly despite that you have a valid IEC permit, that does not mean that you have automatic right to enter Canada. Meaning that you have certain chance to be rejected on borders.
Additionally after PR try it would be much more difficult for you to get any temporary work permit approved (you already gave away your true intentions).

 

[BritInWoodbridge]

ok did you get procedural fairness letter? What exactly was the rejection reason there. Attention if ever you got a misinterpretation (and that can happen even when it comes to your work experience), that would be bad.
Secondly despite that you have a valid IEC permit, that does not mean that you have automatic right to enter Canada. Meaning that you have certain chance to be rejected on borders.
Additionally after PR try it would be much more difficult for you to get any temporary work permit approved (you already gave away your true intentions).

No I haven't received such a letter, however I only found out about the refusal on Saturday - the exact reason was they weren't satisfied by the evidence i gave based on my work experience in England. From my understanding that's not seen as misrepresentation? I am fully aware that there is always a chance I could be rejected on border but my IEC is good until December and I still meet all the criteria as far as I understand.

When I land at the airport and go through immigration does anything flag up anywhere saying I have a PR application refused?

 

[vensak]

ok it would be prudent for you to order GCMS notes, to see what exactly went wrong there.
As they could either say:
1. that your NOC is not OK (you have chosen wrong NOC than what your paperwork suggest)
2. you have claimed more time than you have actually worked for (you have claimed for example 2 years but you only worked for 1 year 11 months), this would mean points reduction.
3. They do not believe that you have worked for that employer at all. Attention, this one can be serious.
4. They think you did not have correct credentials (I guess this one would be rather rare).
5. Your employment was not paid (but should have been).

The dangerous one can be in case they do not believe that your documents are genuine. (fake documents or documents they believe are fake is a misinterpretation).

 

[canuck_in_uk]

No I haven't received such a letter, however I only found out about the refusal on Saturday - the exact reason was they weren't satisfied by the evidence i gave based on my work experience in England. From my understanding that's not seen as misrepresentation? I am fully aware that there is always a chance I could be rejected on border but my IEC is good until December and I still meet all the criteria as far as I understand.

When I land at the airport and go through immigration does anything flag up anywhere saying I have a PR application refused?

No, it is not misrepresentation. If it was, you would have received a Procedural Fairness letter first in order to address the concerns of IRCC. If IRCC still concluded it was misrepresentation, that would have been clear in the refusal and you would have received a ban.

You should be perfectly fine at the border. You have a valid work permit and even if CBSA can see the PR refusal, it is not a reason to refuse you entry.

 

[vensak]

No, it is not misrepresentation. If it was, you would have received a Procedural Fairness letter first in order to address the concerns of IRCC. If IRCC still concluded it was misrepresentation, that would have been clear in the refusal and you would have received a ban.

You should be perfectly fine at the border. You have a valid work permit and even if CBSA can see the PR refusal, it is not a reason to refuse you entry.

Attention, you are only assuming according to the given information, while there is no clear indication what is the case.

1. in the first stages PR application can be cancelled / rejected based on missing essential documents (Medical document, certificates of a good character, diplomas (ECA number is present).
2. In later stages there is almost always procedural fairness letter. At the moment such letter is issued, no ban is yet active. As it cannot be, because within that letter an applicant is given certain period to explain their documents (especially when they were not satisfied about work experience evidence).
3. The ban can only be issued if the explanation is not satisfactory or if no explanation is given. Of course not all PFL do end up turning into ban.

From what he / she has written so far, there seems to be a procedural fairness letter already (or GCMS notes). Otherwise he / she would not know the details. It might be that these days it has a form of a simple looking email.

That was the reason why I was asking about details. This situation might be easy or difficult depending on those details.

 

[BritInWoodbridge]

I have not received a procedural fairness letter, all I have is a refusal letter detailing why it has been refused. I was not given a chance to explain my documents beforehand.

The letter does however go onto to state, "if you still wish to come to Canada" and gives details on how to improve my application.

 

[canuck_in_uk]

Attention, you are only assuming according to the given information, while there is no clear indication what is the case.

1. in the first stages PR application can be cancelled / rejected based on missing essential documents (Medical document, certificates of a good character, diplomas (ECA number is present).
2. In later stages there is almost always procedural fairness letter. At the moment such letter is issued, no ban is yet active. As it cannot be, because within that letter an applicant is given certain period to explain their documents (especially when they were not satisfied about work experience evidence).
3. The ban can only be issued if the explanation is not satisfactory or if no explanation is given. Of course not all PFL do end up turning into ban.

From what he / she has written so far, there seems to be a procedural fairness letter already (or GCMS notes). Otherwise he / she would not know the details. It might be that these days it has a form of a simple looking email.

That was the reason why I was asking about details. This situation might be easy or difficult depending on those details.

You are making assumptions and unnecessarily worrying OP. I'm not sure why you seem to think OP received a PFL. Nothing that OP has said indicates a PFL was issued, including their very clear statement that they did not receive a PFL. They received a refusal letter with no misrepresentation and no ban.