Denied Entry

[Bentley]

My common-law partner was recently denied entry on suspicion of employment. She has a multiple-entry V-1 visitor visa. When is she allowed to re-enter Canada and is the visa still valid ?

 

[scylla]

The visa is valid as long as it wasn't canceled.

As for when she will be able to re-enter Canada - that's anyone's guess. There's no black and white answer. It will be up to the CBSA official she encounters at the border when she tries to re-enter again. Since she was refused entry on suspicion of working illegally and sent home - I would wait six months before attempting a return.

 

[Bentley]

Ok thanks. So we should submit a new permanent resident application as outbound then? If we do that, is she still able to come and stay here during that process on her current visa? What about the work visa that is also in process? Should we keep that going?

 

[scylla]

Ok thanks. So we should submit a new permanent resident application as outbound then? If we do that, is she still able to come and stay here during that process on her current visa? What about the work visa that is also in process? Should we keep that going?

No open work permit is available with the outland process.

Yes - she can try to visit Canada while the outland application is in progress. But again, whether she is actually allowed into Canada or not is up to the official she encounters at the border. She needs to ensure she has a return ticket.

 

[Quink]

Was she working? You worded your question very carefully... but was this entry denial a false suspicion? Or do they actually have their assumptions correct?

 

[Bentley]

She was helping my uncle do some timekeeping for his hockey beer league. We made an error in judgment obviously because they considered this a form of employment. She doesn't need to work I'm able to provide for her , nor were we were never actively searching any employment for her. I'm hoping she'll be able to come back after a month or so, and we can explain ourselves to the customs officer that we get. Is there a min period of time before someone who was inadmissible can try and enter Canada again?

 

[Ponga]

No, she can try again and again.

Do you understand that until you marry your girlfriend you can't submit a sponsorship application? I know you've been told in your other thread, but I'm just hoping you really do understand the process.

Good luck!

 

[scylla]

Is there a min period of time before someone who was inadmissible can try and enter Canada again?

There isn't a minimum period for her at this time. But be aware that CBSA can issue exclusion orders which ban a person from entering Canada for a year. If she ends up with an exclusion order - this will ban her from entering for a full year. Given the entry refusal and reasons for it, I think you would be wise to wait longer than a month before she tries entering again. But it's obviously up to you.