Denied Work Permit and Red Flag

[Sunset0505]

Some people just like to blame others for their own made problems. I had a red flag ehichnonly got taken off 2 years after I became citizen. When I was 12 a deportation order was made against me due to a failed refugee status of my parents. So even we left on time etc and came back to canada 7 years later as PR on economic grounds i still had that red flag. Even with Canadian passport I always had to go to secondary lol so the 3rd time I asked the agen why I always have to go to immigration when I enter the country and she told me there is a flag and since I've been citizen for a while she will take photocopy of my passport and send a request to Ottawa to have it removed. I didn't apply to have it removed in assuming the agent did what she said she would because the next time I came back to canada I wasn't asked to go into secondary. Anyways going into secondary is not a big deal so not sure why the OP is making it out to be such a big deal.

Because we have jumped through all the hoops CIC asked as to and spent thousands of dollars doing it and have been going through all this since 2004.....I am not blaming anyone...I started a thread because I find so many rainbows being blow up people butts here so I was sharing my experience...then people doubted there was a Red Flag on my husbands file...I do not like going to secondary each and every time because they "changed" the rules when we were playing the waiting game, you see my hubby had a TRP and when you had a TRP you used to be able to get an open work permit, the changed the rules and denied it, which is fine, but now a Red Flag and 8 to 10 years?...and your situation is completely different you were deported ( you were a child and had no control)...My hubby has done nothing and he's got a red flag...if you don't want to see what the out come of my experience then don't friggin read the thread...gawd people...

 

[o6ocpaka]

My husband has an PR and we are now living in Canada...the last time he drove into Canada from the USA he was told that there is a Red Flag on his file and the flag was for a denied work permit from 2014. He was also advised that this Red Flag would be on his file for 8 to 10 year and could only be removed by "Ottawa". He will become a Canadian citizen before its lifted...With that info we have now contacted our MP...The MP's office contact us within 24 hours. If there is no response within say 3 months we will go to the Immigration Minister. We have no problem going into secondary inspection, we just have a problem with the denied work permit that is now a red flag...We will see what happens...

There is no way on earth you would get a red flag for a denied work permit. You would get a red flag for working without a permit. Something is not right with that story, I sense there was a criminal record or something..

 

[dominokitty]

I understand you're frustrated, the situation sucks, but there's no need to get so defensive. We can only go off of the information you've given and what the CIC website says. Hopefully your MP will be able to help more.

 

[CDNPR2014]

Anyways going into secondary is not a big deal

yeah, after about a year of going into secondary, the cbsa agents started having a sense of humour about it... them: "you're no stranger to immigration, huh?", me: "nope. no i'm not". We had a good laugh, they ask their questions, i showed my proof and away i went. while it may suck, they start to ease up on people who seem to understand and are respectful of the rules. it's not a fun experience when they assume you're doing something wrong or think you are giving attitude. i guess i wrongly assumed they didn't bother people who have the legal right to enter (PR and citizens), though i guess technically they have the right to question ANYONE who crosses the border.

 

[Lons]

We can all only provide our own, unique experiences with CBSA and CIC. They're different from other people's experiences because, as we all know, CBSA and CIC can be a bit inconsistent at times. There's no need for anyone to get so hostile and defensive, nobody is saying that anyone else is LYING or anything of the sort. So everyone relax.

CBSA largely operates "by discretion." So some people with an overstay or a failed work permit or something else that's irrelevant to PR might still be flagged in the system, but waved through at primary. That kind of stuff happens. Other people, perhaps with a criminality situation, might have a different experience. Anything that happens with CBSA prior to becoming a PR (overstays, failed work permits, denied entries, etc) SHOULD be irrelevant to border crossings made after you receive PR. That's how it SHOULD work because well, that's what makes sense. Does CIC and CBSA always do things that make sense? NO.

Hopefully an MP can help sort the failed work permit > secondary inspection situation, but PR status gives OP's husband a right to be in Canada regardless. So yeah, perhaps it's a bit inconvenient to have to go to secondary every single time, and it's certainly a waste of everyone's time, but in the end it's not a big deal and it wouldn't amount to anything substantial. PRs have a right to enter Canada, period.

 

[Sunset0505]

There is no way on earth you would get a red flag for a denied work permit. You would get a red flag for working without a permit. Something is not right with that story, I sense there was a criminal record or something..

No kidding...what do you think the rehab was for?..He was rehabbed, last offence was completed 10 plus years ago...interview in LA etc..PR approved, landed etc...The agent specifically stated that the Red flag is for the denied work permit in 2014...which is considered an immigration issue, so yes it can be red flagged...

 

[Sunset0505]

yeah, after about a year of going into secondary, the cbsa agents started having a sense of humour about it... them: "you're no stranger to immigration, huh?", me: "nope. no i'm not". We had a good laugh, they ask their questions, i showed my proof and away i went. while it may suck, they start to ease up on people who seem to understand and are respectful of the rules. it's not a fun experience when they assume you're doing something wrong or think you are giving attitude. i guess i wrongly assumed they didn't bother people who have the legal right to enter (PR and citizens), though i guess technically they have the right to question ANYONE who crosses the border.

That is what I am saying...just because you have a PR, or a Canadian passport or even a NEXUS pass does not mean your going to breeze through...you can have all the rights in the world but is the CBSA agent feels they are not satisfied they will refer you, detain you whatever it is they need to do..For us this is another bump in the road and drives me crazy but I am not frustrated with CSBA or CIC I am frustrated with people doubting me on here...All I wanted to do was share my experience for the next person..

 

[Rob_TO]

That is what I am saying...just because you have a PR, or a Canadian passport or even a NEXUS pass does not mean your going to breeze through...you can have all the rights in the world but is the CBSA agent feels they are not satisfied they will refer you, detain you whatever it is they need to do..For us this is another bump in the road and drives me crazy but I am not frustrated with CSBA or CIC I am frustrated with people doubting me on here...All I wanted to do was share my experience for the next person..

Nobody has ever said people just breeze though. What is being stated, is that citizens and PRs have rights to enter Canada. So no matter how long CBSA decides to detain someone in secondary, as long as they are a PR or citizen they will eventually be allowed into Canada.

You might want to order his CBSA notes to find out exactly what's in his file. What any random CBSA officer tells you, may not be entirely accurate.
https://www.thestar.com/news/privacy-blog/2015/03/what-your-canada-border-services-agency-file-looks-like.html
https://atip-aiprp.apps.gc.ca/atip/welcome.do

 

[Sous02]

You can be assured that everything that ever happens to you at the border stays on your file in one form or another. Even a criminal offense that is pardoned will still be there just with the addition of the word "pardoned" other countries do not have to respect that pardon and in many cases you still need a special letter from a consulate.

 

[Sunset0505]

You can be assured that everything that ever happens to you at the border stays on your file in one form or another. Even a criminal offense that is pardoned will still be there just with the addition of the word "pardoned" other countries do not have to respect that pardon and in many cases you still need a special letter from a consulate.

I have read a lot of cases on here that have been a breeze...In our case other then landing it has been horrible...I just wanted to share our experience....I know others are having a tough time too...once we hear from the MP I will report what is going on...and like I said if we don't get answers from he MP I will go to Minister of Immigration....( he was the one that got things done for us when we found out no one had touched our file for 9 months)

 

[Aquakitty]

That is what I am saying...just because you have a PR, or a Canadian passport or even a NEXUS pass does not mean your going to breeze through...you can have all the rights in the world but is the CBSA agent feels they are not satisfied they will refer you, detain you whatever it is they need to do..For us this is another bump in the road and drives me crazy but I am not frustrated with CSBA or CIC I am frustrated with people doubting me on here...All I wanted to do was share my experience for the next person..

I found out an interesting tidbit of information about the flag that sends people to secondary every time. It seems the only time an "enforcement flag" as it's called, is automatically removed, is when the person obtains citizenship.

An officer can request to have the flag turned off, but it involves forwarding the request to their manager, who then forwards it to Director of Immigration Ports and Border Management Directorate. That's the only person who can actually turn it off. It's on your permanent record forever.

 

[keesio]

Hmmm...I was merely sharing what some of the threads in the RO forum have said regarding this issue.

*shrug*

indeed. I always assumed the same thing too.

 

[Rob_TO]

indeed. I always assumed the same thing too.

PRs are still allowed into Canada even if a CBSA officer deems them inadmissible (like for not meeting RO), since all PRs have the right to appeal the decision.

 

[Sunset0505]

As the Red Flag saga continues...So MP has been contacted but its summer time...the MP asked for my husbands info and I am pretty sure we will not hear anything until Sept, which is fine...Last Saturday we went to the USA driving to pick up our mail...we ended up turning left instead of right and went through a different border crossing...the First agent we talk to was in the booth...we handed him everything and he mentioned the red flag...we explained EVERYTHING and he was angry...He told us that the other agents could have done something about the red flag..He said I am so sorry I am going to send you into secondary, tell them about the flag for the work permit denial and if they have any issues they needed to contact him and he would come in...The agents inside took our ID...all the paper work and did had their typical "tough" guy attitude and asked us to sit down..The called my husband up and started to talk to him...I went up without being asked...hubby still does not understand MP/sitting...blah blah blah...I explained what I had done and they said they were going to request a lift of the red flag for a denied work permit because it was a waste of their time out time and taxpayers time to have us come in each and every time..The request has gone in but they said it was likely to take a while....when we asked what a while was they said a year...we laughed and said thats not a while!!!!...So at least we know we will be going to 2ndry for the next year...

 

[Sunset0505]

An update!!!...On Saturday my hubby and I headed down to Washington State just to pick up a few groceries ( actually coffee creamer pumpkin spice cause they don't have it up here)....For the first time since 2004 we did not have to go into secondary!!!!!...We think that the Red Flag for the work permit may have been lifted and everything is clear!...we didn't ask and they were not giving out free info!!!!...its funny cause we both kinda looked in the rear view mirrors cause we thought they we going to follow us!!!!!...So to all I say keep fighting...keep doing as CIC tells you...there is a light at the end of the immigration tunnel!!!