Denied entry?

[athraa.abb]

Hi everyone.

I'm currently sponsoring my spouse from Iraq, but I am thinking of applying for temporary resident visa for him but I am afraid do that he will be refused. And I dont mean refused the visa, but refused entry. So if he gets the visa and comes to Canada and is denied entry at the Port of entry...

Has this ever happened to anyone before and does it happen a lot? As for my hhusband it will be hard for them to believe he will leave at the end of his visa becausehe has a wife and child here but doesn't have much back home. My husband isnnot planning to overstay his visa and he will leave once it expires but it will be very difficult to convince the officers of this because he does not have much in Iraq.

Any opinions?

 

[Rossei]

I don't think one can be denied entry to Canada upon having valid PP & Visa on the ground s/he doesn't have enough "home ties". The Visa Officer will look into that when you apply for TRV. At POE, if your husband is found to have any sort of criminal record; then he can be deported or something.

For now, you should only think about how to apply for TRV.

 

[athraa.abb]

I don't think one can be denied entry to Canada upon having valid PP & Visa on the ground s/he doesn't have enough "home ties". The Visa Officer will look into that when you apply for TRV. At POE, if your husband is found to have any sort of criminal record; then he can be deported or something.

For now, you should only think about how to apply for TRV.

It's pretty easy to apply, I just read on the website that an office at POE may not grant him entry if he is not convinced he will leave at the end of his visa expiry date... That had me a little worried.

 

[Rossei]

It's pretty easy to apply, I just read on the website that an office at POE may not grant him entry if he is not convinced he will leave at the end of his visa expiry date... That had me a little worried.

It's perhaps easy to apply but harder to get especially when your spouse lives in Canada.

 

[athraa.abb]

It's perhaps easy to apply but harder to get especially when your spouse lives in Canada.

Yes I know but it's worth a try. My husband is not in Canada right now.

 

[Jalex23]

It's pretty easy to apply, I just read on the website that an office at POE may not grant him entry if he is not convinced he will leave at the end of his visa expiry date... That had me a little worried.

The officer might not be convinced if he is bringing with him 4 large suitcases and say he is only staying for the weekend.

or

He says "I came here to live with my wife".

or

He says "I came here to work".


Ties were considered to be acceptable by CIC, it is not up to the CBSA officer to refuse entry on those grounds.

 

[athraa.abb]

The officer might not be convinced if he is bringing with him 4 large suitcases and say he is only staying for the weekend.

or

He says "I came here to live with my wife".

or

He says "I came here to work".


Ties were considered to be acceptable by CIC, it is not up to the CBSA officer to refuse entry on those grounds.

Then why does it say so on the website?

 

[athraa.abb]

When you arrive in Canada, the officer at the Port of entry will determine whether you may enter Canada and how long you may stay. You must leave Canada on or before the date set by the officer or have your status extended by an officer in Canada. The stamp placed in your passport by a Canadian official is valid for six months unless otherwise amended by an officer. valid Temporary Resident Visa is not a guarantee of entry into Canada. An officer at the Port of entry will decide if you still meet the requirements for admission when you arrive.

 

[dukhi]

When you arrive in Canada, the officer at the Port of entry will determine whether you may enter Canada and how long you may stay. You must leave Canada on or before the date set by the officer or have your status extended by an officer in Canada. The stamp placed in your passport by a Canadian official is valid for six months unless otherwise amended by an officer. valid Temporary Resident Visa is not a guarantee of entry into Canada. An officer at the Port of entry will decide if you still meet the requirements for admission when you arrive.

if my wife gets an owp she can live beyond six months right?

 

[scylla]

if my wife gets an owp she can live beyond six months right?

Depends on the duration of the OWP.

 

[dukhi]

true but the date CBSA wrote when she entered as a visitor will no longer apply right? once she gets an OWP?

 

[Jalex23]

Then why does it say so on the website?

It doesn't say so:

When you arrive in Canada, the officer at the Port of entry will determine whether you may enter Canada and how long you may stay. You must leave Canada on or before the date set by the officer or have your status extended by an officer in Canada. The stamp placed in your passport by a Canadian official is valid for six months unless otherwise amended by an officer. valid Temporary Resident Visa is not a guarantee of entry into Canada. An officer at the Port of entry will decide if you still meet the requirements for admission when you arrive.

There is not a single word that specifies that "ties" will be considered. Ties are not that simple to evaluate, that is why you have to provide documentation and build up a case when applying for a TRV. The CBSA officer doesn't have the means/time to do this, so this is not considered. What is considered is your purpose of visit, that you are being honest and that you are not abusing the law.

Don't look for hidden meanings. Stick to the wording of what is written.

 

[athraa.abb]

Is my entry into Canada guaranteed now that I have a visa?

A valid temporary resident visa does not guarantee automatic entry into Canada. You will not be allowed into Canada if you give false or incomplete information, or if you do not satisfy the officer that you are eligible for entry into Canada. You will also have to satisfy the officer that you will leave Canada at the end of your authorized stay in Canada.

If there has been a change in circumstances between the date of your application and your arrival in Canada or if subsequent information is given which was not originally available to the visa office, you may be refused entry by the immigration officer at the port of entry.

 

[athraa.abb]

It doesn't say so:

When you arrive in Canada, the officer at the Port of entry will determine whether you may enter Canada and how long you may stay. You must leave Canada on or before the date set by the officer or have your status extended by an officer in Canada. The stamp placed in your passport by a Canadian official is valid for six months unless otherwise amended by an officer. valid Temporary Resident Visa is not a guarantee of entry into Canada. An officer at the Port of entry will decide if you still meet the requirements for admission when you arrive.

There is not a single word that specifies that "ties" will be considered. Ties are not that simple to evaluate, that is why you have to provide documentation and build up a case when applying for a TRV. The CBSA officer doesn't have the means/time to do this, so this is not considered. What is considered is your purpose of visit, that you are being honest and that you are not abusing the law.

Don't look for hidden meanings. Stick to the wording of what is written.

I am not looking for hidden meanings. See my previous post. It says that if an officer is not satisfied that the visitor will leave at the end of his authorized stay they could refuse him entry.

With that being said, my husband will appear as though he will not leave because his wife and child are here and he does not have much back home to take him back. I am not saying my husband is planning to stay, I am just saying that it will be hard to convince them of that.