Denied temporary resident visa in other country or denied admission? Imm5669

[Lalala90]

My husband was denied UK student visa 6 years ago and I forgot to
Mention it in the schedule a background form which is why I'm re-doing the form and sending it to the visa office. I am confused as to wether to put yes in question 6e which asks for denied admission in other countries or should I check yes in question 6d which asks for wether he was denied a temporary resident visa in other country/ies. Please, can anyone clarify this?! Thank you so much in advance

 

[SenoritaBella]

6d = yes (because he was denied a UK student visa, which a type of temporary resident visa)

6e = no (this applies if you arrive at the border and they deny you entry, or you are given a departure order or deportation order). If this has never happened to him, then it's 'No'.

 

[ib]

that's not a big deal tho, I know someone that her husband was denied visa twice before the get married but he just got visa after with no problem thru family sponsor by his wife. so just put the right info

 

[sashali78]

6d = yes (because he was denied a UK student visa, which a type of temporary resident visa)

6e = no (this applies if you arrive at the border and they deny you entry, or you are given a departure order or deportation order). If this has never happened to him, then it's 'No'.

Actually its incorrect. Denied visa is equal to being denied admission to the country, whether it was denied at the border or before during the application itself.
There used to be a whole legal discussion about this sometime ago:
http://www.canadavisa.com/canada-immigration-discussion-board/not-clear-on-backround-question-refused-admission-to-canada-t21276.0.html

So, OP, although I don't think it can result in misrepresentation as you answered YES to previous question and provided the details of visa refusal, ideally it should be fixed

 

[SenoritaBella]

Wrong. If being denied a visa was the same as being denied admission for all applicants, there would be no reason to separate 6d and 6e.

Some applicants don`t need to apply for visas to enter Canada (e.g. UK, US citizens). They just come to the border and seek entry. If they are turned away at the border, 6d would be `no`and 6e would be `yes`for them.
If they arrived the border and decided to apply for a `work permit upon entry` (which visa-exempt applicants can do) and it was denied, then 6d = yes (work permit which is a type of temporary resident status was denied) and 6e = yes (if they were not allowed to enter as a visitor afterall i.e. denied admission) on subsequent applications.

For applicants that have to apply for visas first, if their application is denied, 6d = yes and 6e = no. Now, if a foreign student or worker or visitor already in Canada is denied an extension of their visitor visa or work permit or study permit, then they answer same i.e. 6d = yes and 6e = no on subsequent applications.
If on the other hand, their extension is denied AND they are asked to leave Canada within 30 days, then 6d = yes and 6e = yes on subsequent applications (because they have received a departure order too).

I was once denied a student visa to Canada. I have always answered 6d as `yes` and 6e as `no` and had no problems.

Hope this helps clarify things.

Actually its incorrect. Denied visa is equal to being denied admission to the country, whether it was denied at the border or before during the application itself.
There used to be a whole legal discussion about this sometime ago:
http://www.canadavisa.com/canada-immigration-discussion-board/not-clear-on-backround-question-refused-admission-to-canada-t21276.0.html

So, OP, although I don't think it can result in misrepresentation as you answered YES to previous question and provided the details of visa refusal, ideally it should be fixed

 

[sashali78]

Wrong. If being denied a visa was the same as being denied admission for all applicants, there would be no reason to separate 6d and 6e.

Some applicants don`t need to apply for visas to enter Canada (e.g. UK, US citizens). They just come to the border and seek entry. If they are turned away at the border, 6d would be `no`and 6e would be `yes`for them.
If they arrived the border and decided to apply for a `work permit upon entry` (which visa-exempt applicants can do) and it was denied, then 6d = yes (work permit which is a type of temporary resident status was denied) and 6e = yes (if they were not allowed to enter as a visitor afterall i.e. denied admission) on subsequent applications.

For applicants that have to apply for visas first, if their application is denied, 6d = yes and 6e = no. Now, if a foreign student or worker or visitor already in Canada is denied an extension of their visitor visa or work permit or study permit, then they answer same i.e. 6d = yes and 6e = no on subsequent applications.
If on the other hand, their extension is denied AND they are asked to leave Canada within 30 days, then 6d = yes and 6e = yes on subsequent applications (because they have received a departure order too).

I was once denied a student visa to Canada. I have always answered 6d as `yes` and 6e as `no` and had no problems.

Hope this helps clarify things.

Did you read the thread i was pointing you to?
Your examples and interpretation are logical but are not the legal interpretation of the issue. Refusal of visa is considered also a refusal of admission to the country, even if that doesn't happen at the border, as stated in that thread by a poster who studies immigration law. It is also the interpretation by my former lawyer.

The fact that you stated it incorrectly and was not denied doesn't mean it is the correct answer.

 

[SenoritaBella]

FYI... I`ve had 3 immigration applications done by the same lawyer, who by the way was once the Chair of the Immigration Law section of the Bar Association in my province. The forms were completed as I described above and we had no problems. So I don`t believe she is wrong and the many immigration officers who reviewed the file had no issues either.
The applications were not denied because we disclosed the refusal. Period.

Did you read the thread i was pointing you to?
Your examples and interpretation are logical but are not the legal interpretation of the issue. Refusal of visa is considered also a refusal of admission to the country, even if that doesn't happen at the border, as stated in that thread by a poster who studies immigration law. It is also the interpretation by my former lawyer.

The fact that you stated it incorrectly and was not denied doesn't mean it is the correct answer.

 

[Lalala90]

6d = yes (because he was denied a UK student visa, which a type of temporary resident visa)

6e = no (this applies if you arrive at the border and they deny you entry, or you are given a departure order or deportation order). If this has never happened to him, then it's 'No'.

Thank you, I have sent the form today. Can you also please tell me what does any of your family members listed in your application of permanent residence mean?

 

[SenoritaBella]

According to the guide for outland sponsorship, here's CIC's definition of "family member": http://www.cic.gc.ca/english/information/applications/guides/3999Etoc.asp

Family members
Your family members include your spouse or common-law partner, your dependent children and any children that are their dependent children.

Thank you, I have sent the form today. Can you also please tell me what does any of your family members listed in your application of permanent residence mean?

 

[jag21]

I have the same problem. Please let me know if the VO accept your new form. Thanks

 

[sashali78]

I have the same problem. Please let me know if the VO accept your new form. Thanks

Read this thread again and also the thread starting from this message and on: http://www.canadavisa.com/canada-immigration-discussion-board/not-clear-on-backround-question-refused-admission-to-canada-t21276.0.html;msg108913#msg108913
Then you can decide for yourself which path you would like to take for your application, the "legally safe" or "possibly sorry for 5 years" one.