Can I enter Canada after 1 year, did a refugee claim and it was declined?

[sms316]

Me and my husband applied for a Refugee Claim in October 2011. It was not approved in August 2012. And so we had to leave Canada before the 30 days, before the deportation order was placed. We got our passports from the immigration and we made sure we left before the 30 days so that we wouldnt be deported according to what the immigration told us. And so that is what we did, we left Canada on August 29th 2012 . We have been in our home country in Portugal ever since and we are now in April 2013.
We have applied for a work permit with our immigration lawyer, the LMO in currently in its process, and so forth.

Basically I wanted to ask if anyone has gone through the same situation, because our main question is could we enter Canada after 1 year? Me and my husband wanted to come to Canada for a visit while our application is in process after August this year( which is after one year we left). And our lawyer has told us we do NOT need an ARC(authorization to return to Canada) because we left Canada before the 30 days and we confirmed our departure with the immigration border services at the airport the day we departed.

Let me know what you think, I think it is perfectly fine to re-enter Canada after one year but again I dont want to do anything incorrectly.
I also read on cic website and it made me more sure i could enter Canada after one year according to our departure order that was given to us at the airport. Which was departure order (IMM 5238)


Thank you,

 

[amikety]

It's highly unlikely you'll be admitted into Canada again. You've already proven your intent to remain in Canada permanently with your Refugee claim.

 

[scylla]

It's highly unlikely you'll be admitted into Canada again. You've already proven your intent to remain in Canada permanently with your Refugee claim.

I agree. There's a very high chance your work visa is going to be refused because of your history.

 

[sms316]

I understand that. But my lawyer has told me he has done these types of applications for numerous clients and they are back in Canada today.

Let me remind you i applied for a refugee claim, it was not approved and I left Canada within the 30 days which isnt considered a deportation and therefore just as the cic website says it isnt bad to re enter Canada again.

I dont know, we will see, but thanks

 

[NBaker]

If you did confirm your departure as required within 30 days (actually it works out often to 52 days) by appearing before an officer and you have a confirmation of departure showing the type of removal order was a departure order and not a deportation order or exclusion order then you are not barred from return to Canada where all other requirements are met.

Provided you satisfy the officer deciding your case that you will meet requirements of the class you are applying under then you should be granted a visa. Then on entry to Canada if the officer at the port of entry is satisfied with the case and documentation a work permit may be placed in your passport.

If for some reason you are refused ask for the reasons why and working with a lawyer, a consultant may not do this, you could as the Federal Court to review decisions made in your case.

It does not often happen in similar cases that there is success in return to Canada, but it does happen.

 

[sms316]

Yes we left before the 30 days, we also did confirm our departure at the immigration at the airport we were not escorted and we did not return to immigration we just showed up there to confirm our departure and we received our passports and left.

Our departure order was IMM 5238 and from what I read on the CIC website under the types of removal orders the IMM 5238 that we received does not say we cannot return to Canada. My lawyer has also said we do not need an ARC(authorization to return to Canada) and therefore the situation cant be that bad. We were just thinking to visit our family after one year of being out of the country and I was wondering if anyone had gone through the same situation.

Thanks for your response.

 

[scylla]

I think there's a decent chance you may be successful in visiting Canada since you're visa exempt. However there is always a chance you could be turned away at the border.

What I don't think will be successful is the work permit. I think there's a high chance the work permit will be refused.

 

[NBaker]

In fact work permits have been issued where there was a deportation order in place after ARC was obtained.

Each case must be looked at on an individual basis and be assessed.

As previously indicated it is rare, but can happen.

 

[chickie72]

My husband was here on refugee status also, got denied and told to return home within 30 days....we paid his ticket, he confirmed with the immigration at the airport, we did everything by the book. I am currently applying for family sponsorship to bring him back to Canada but he does need an ARC to return. Your lawyer is not right in telling you this.....everyone I have come across in the family sponsorship forum that was denied refugee ALWAYS needs an ARC to return to Canada.

 

[NBaker]

It is not correct that every failed refugee requires ARC to return.

The problem often is that the form is either incorrectly completed by the enforcement officer or the individual believes they are departing prior to the removal order becoming a deportation order when in fact it actually has become one or they were issued a deportation order when they made a refugee claim owing to a determination made at a hearing for an inadmissibility.

The calculation is made in this way:
Where the individual is found not to be a refugee they will be sent a notice. It is deemed to be received seven days after it is received. The order comes into force 15 days after notice of the decision and where no other appeal right exists (RAD or an inland claim that allowed federal court review). After coming into force the person must be allowed 30 days to depart Canada otherwise the departure order becomes a deportation order and ARC will be required.

So in straightforward cases where a person genuinely is leaving on a departure order they must leave within 52 days 7 + 15 + 30 and may then seek to return without applying for ARC. In cases where there is a stay then the clock stops for the time of the stay (could be some months). When the stay ends then the clock proceeds from the count where it stopped.

It is very rare that an individual actually departs on a departure order since they miss the importance of the timeline. The other problem is enforcement officers fail to calculate the date correctly and incorrectly indicate the order has become a deportation order or just fill forms so routinely they do not pay attention to the fact they need to review the timeline. Additionally lawyers, consultants often misunderstand this and may mistakenly believe all require ARC.

It is very difficult to have these errors corrected after the fact so the individual needs to keep notes and compare that to the documents at the airport or with the individual enforcement officer to be sure all is correctly done since there is cost for ARC and the process is longer when it must be approved.

 

[sms316]

To NBaker-
Thank you for your answers, you seem to know what you are talking about. Do you work for immigration?

I believe we do not need an ARC and that my lawyer is correct about it because like you explained we left before the departure order became a deportation order. And our form was IMM 5238 and it explains very clearly on CIC website that:

1. Departure Order (form number IMM 5238)

a) If you received a Departure Order and

left Canada within the required 30 days and
verified your departure with a Canadian immigration officer at the port of exit

you do not need an ARC. You may return to Canada subject to normal examination at the port of entry.

b) If you left the country without verifying your departure, or more than 30 days after the Departure Order was issued, the Departure Order automatically becomes a Deportation Order and you need to apply for an ARC (see point 3 below).


So that is what we received at the airport a Departure Order form 5238 and the CIC website specifies that and so I have no reason to believe that I need an ARC when it specifies that I dont according to the form we received.

My lawyer also said he has done work permits for refugee claimants that were not approved and they are now in Canada. I believe he is telling the truth, why else would he lie?

 

[chickie72]

I am sorry I should have explained that different. When you first apply for refugee status, you are made to sign a departure order, this departure order is put on hold until your refugee claim is resolved either by a positve or negative decision, if it is a negative decision, then you are given a paper that states you can apply for the PRRA within 15days (which is what my husband did) at this time since you did not leave on the original departure order, your departure order becomes a deportation order, hence the reason for needing an ARC to return to Canada. If she did not apply for the PRRA and left within the 30 days then no she does not need an ARC. When we had the meeting with immigration and my hubby was told he had to leave Canada in 30days, the immigration officer even warned us then that he would need an ARC to return.

 

[AAL1984]

I understand that. But my lawyer has told me he has done these types of applications for numerous clients and they are back in Canada today.

Let me remind you i applied for a refugee claim, it was not approved and I left Canada within the 30 days which isnt considered a deportation and therefore just as the cic website says it isnt bad to re enter Canada again.

I dont know, we will see, but thanks

Sorry but you shouldn't believe everything an immigration lawyer says. They could care less and just want your money, be careful.


What other posters have said is true, sure anything is possible but sounds highly unlikely.


Why would they approve temporay work visa after a person has applied for refugee status and been asked to leave? That makes no sense.


Purpose of temp visa is to satisfy officer that you will work temporarily then leave. There is no way any officer will think you are temporarily staying, past actions have shown that to be not true.

If you show up at any Canadian airport, they will send you back.The decision to allow you entry rests entirely with the CBSA officer at port of entry. Past actions are a huge factor in terms of what they decide.

They won't let you in as a visitor because previously when you came as a visitor (from an EU country) you filed a refugee claim, that proves you aren't a genuine tourist. Now anything is possible, but unless CBSA officer us completely asleep on the job they will send you right back.

 

[sms316]

AAL1984 thanks for your response.

Now i understand what you are explaining then how come, our form at the airport was an IMM 5238 and that fully says we are authorized to enter Canada with regular examination. Im only going by what the website is saying because they have very accurate information there. My lawyer is only going by what the form says as well. That it was a departure order, so of course that is why I believe what he says because I myself have researched.

But we will see. I pray to god this all works out. My life has no meaning this far from my loved ones.

 

[AAL1984]

Hi, please note keyword is "with regular examination" that means officer at poe will decide. When they see past history it is highly likely they would refuse entry as tourist.

You have to understand that anyone is authorized to present him or herself for entry but that does not mean "right" of entry. Anyone is authorized to apply for a visa at any embassy. Only difference for EU nationals is you don't have to apply for visa at an embassy it's granted or refused right at the border port of entry.

Even if an officer merely "feels" a person will violate the terms of his/her visa, they can refuse entry.


That's why I think it wasn't right to file a refugee case, because the refusal is permanently on your file and will make the granting of any temp visa very difficult.


It's not just Canada who does this, EU is the same. If a refused asylum seeker shows up at Heathrow they will be put on a plane back home 90% of the time.


A refused asylum seeker must have really strong proof to show they will return, that is basically what your form says. It means airline won't be in trouble for bringing you over and that if you have some really good evidence showing that you will go back, then officer can allow entry. Difficult part is showing them you will go back to Portugal. So you'd need to show a job, money back home, property etc... because they will be very suspicious of you.