Denied Work Permit and Red Flag

[Sunset0505]

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...

 

[Lons]

I also have a "red flag" in my passport because I was refused entry to Canada some years ago. I was trying to visit my husband and the officer did not feel I had sufficient ties to my home country. Any time I would go through the border again, I was automatically referred to secondary. I haven't yet crossed back and forth as a PR (still waiting on landing), but I hope it won't be too big of a deal then.

Are you guys referred to secondary inspection every time you enter Canada, even though he's now a PR? I can't see how his denied work permit would be relevant now, since they would only really care about that if he was coming as a visitor? I hope I won't be referred to secondary every time I enter Canada because of a "lack of ties" some years ago. My lack of ties back then is entirely irrelevant once I'll be traveling as a PR!

 

[dominokitty]

I highly doubt that this red flag will affect your husband at all at this point, since he has already been granted permanent residency. A failed work permit in the past will not keep him out of Canada - he is a legal resident now and as long as he doesn't commit any serious crimes and follows the residency requirements to keep his PR, he can't be refused re-entry.

Basically, the red flag was to remind border services to look a bit more closely at your husband's intentions when entering Canada, because he already showed he intended to work here but was refused. Now that he has PR, this won't be an issue.

By all means, contact your MP to learn more, but I really don't think you need to worry about having it removed.

 

[Ponga]

I highly doubt that this red flag will affect your husband at all at this point, since he has already been granted permanent residency. A failed work permit in the past will not keep him out of Canada - he is a legal resident now and as long as he doesn't commit any serious crimes and follows the residency requirements to keep his PR, he can't be refused re-entry.

Even a PR who has not met the RO still has the right to enter Canada. The CBSA officer can report him/her for non-compliance, but they cannot refuse re-entry.

 

[dominokitty]

Even a PR who has not met the RO still has the right to enter Canada. The CBSA officer can report him/her for non-compliance, but they cannot refuse re-entry.

Are you sure? I was just going off of the information found here:

http://www.cic.gc.ca/english/information/inadmissibility/who.asp

They say that failue to comply with any provision of the IRPA is grounds for inadmissability, and include a footnote (number 4) that lists "permanent residents who have not lived in Canada for the required amount of time" as an example of failure to comply, so I wasn't sure. I included it just to be safe.

 

[Ponga]

Are you sure? I was just going off of the information found here:

http://www.cic.gc.ca/english/information/inadmissibility/who.asp

They say that failue to comply with any provision of the IRPA is grounds for inadmissability, and include a footnote (number 4) that lists "permanent residents who have not lived in Canada for the required amount of time" as an example of failure to comply, so I wasn't sure. I included it just to be safe.

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

*shrug*

 

[Aquakitty]

What I've gleaned from reading appeals cases is there is a special visa some people can get just for waiting out the time of the appeal. I don't know by what standards they determine this. They must be able to deny people outright, because many violators apply for a travel document but are found out and denied, and have to do a phone or teleconference appeal.

But, that's just in cases of failed to meet residency reqs. and criminality issues. They can't keep you out for an old work visa issue (unless maybe you misrepresented it).

Edit: I found the rules about this: The appellant may be outside Canada. If the appellant was in Canada at any time over the past 365 days, CIC must provide a travel document so that the person can travel to Canada. In other cases, the person may apply to the IAD for a travel document. If the IAD decides that the appellant must be at the hearing in person, it may issue an order. CIC will then issue a travel document to allow travel to Canada for the hearing. Otherwise, the hearing may be held by telephone.

 

[CDNPR2014]

as someone who was denied entry, red flagged in the system and was required to visit secondary for 1.5 years before being approved as a pr, I can confirm that once you become a PR, none of that matters, and previous issues never comes up in crossing. i zip through primary now, no questions asked about my past, only about my recent trip and what i'm bringing back - the usual stuff. my dealings with CBSA changed dramatically after becoming PR. They don't hassle PRs like they hassle visitors who are dating or are married to canadians. please trust me on that.

the whole point of the PR is to receive permission to be in canada permanently. the pr approval outweights a refused work permit. i don't think this would affect citizenship in the future either... i'm sure there are many people who've been approved for citizenship and had previous issues with immigration. i would 99.9% guarantee that. i'm certainly not concerned about it, and i have a worse record than a refused work permit.

 

[Sunset0505]

I am getting so sick of people telling me they doubt the info I am typing....why the hell would I make crap up?...My husband landed 29th April, we had NO NONE NADA issues when we landed, in fact it was really kind of fun...it was not very busy and we had a bunch of agents chatting with us...there was one agent out side by our car because we had our 90 lb dog and two cars in the 4 runner, he even asked about the animals when we went out to check on them...we drove down to get our mail because we can not sell our house in Virginia because like the 3.2 million other people the house is under water, but we are still responsible adults...Then we returned three weeks ago the agent at the booth did not not believe my husband was rehabbed and even asked us if we were in any kind of a hurry and because we ALWAYS have issues we plan an entire day to cross back into Canada....We went into secondary inspection..they took BOTH of our passports, PR stapled inside hubby...about 15 min later they called us to the counter and advised that there was a red flag on my husbands file for a work permit that was denied in 2014 and that flag would be there for the next 8 to 10 years and Ottawa was the only ones that could remove it...I am not making up this crap and I am so sick of people saying other wise...the Agent said that maybe if he applied for a NEXUS pass it would speed up the flag removal...we did that and IN FACT the NEXUS pass has been denied ALREADY and an appeal has been started because as per CIC at the Consulate in LA with his Rehab and there should be no more negative situations...HENCE the reason we have contacted our MP...our only link to Ottawa..

 

[CDNPR2014]

I am getting so sick of people telling me they doubt the info I am typing....why the hell would I make crap up?...My husband landed 29th April, we had NO NONE NADA issues when we landed, in fact it was really kind of fun...it was not very busy and we had a bunch of agents chatting with us...there was one agent out side by our car because we had our 90 lb dog and two cars in the 4 runner, he even asked about the animals when we went out to check on them...we drove down to get our mail because we can not sell our house in Virginia because like the 3.2 million other people the house is under water, but we are still responsible adults...Then we returned three weeks ago the agent at the booth did not not believe my husband was rehabbed and even asked us if we were in any kind of a hurry and because we ALWAYS have issues we plan an entire day to cross back into Canada....We went into secondary inspection..they took BOTH of our passports, PR stapled inside hubby...about 15 min later they called us to the counter and advised that there was a red flag on my husbands file for a work permit that was denied in 2014 and that flag would be there for the next 8 to 10 years and Ottawa was the only ones that could remove it...I am not making up this crap and I am so sick of people saying other wise...the Agent said that maybe if he applied for a NEXUS pass it would speed up the flag removal...we did that and IN FACT the NEXUS pass has been denied ALREADY and an appeal has been started because as per CIC at the Consulate in LA with his Rehab and there should be no more negative situations...HENCE the reason we have contacted our MP...our only link to Ottawa..

um wow ok, who was saying they doubt what you're typing? i'm not seeing where anyone suggested your experience was not real? did my post specifically offend you? i certainly didn't doubt the fact you had issue at the border. certainly wasn't doubting the experience and i'm confused now because you now are referencing a "rehab" which is different than a denied work permit. to me, a"rehab" suggests something more, unless i'm missing something?

the way i read it was that your husband hadn't had pr yet, and was advised the denied work permit would be on his record for 8-10 years. my response was about how a denied work permit in the past doesn't matter in the long run, sharing my experience as someone who has had issues with immigration. i was responding to concerns of a previously denied work permit, and nothing else really.

if my response offended you, i apologize about that. it was not my intention. my response was not meant to offend you, it was meant to alleviate concerns that a rejected work permit in the past wasn't going to affect his right to be in canada as a pr and future citizenship. that is all. i'm really not sure what your response is referencing.

 

[Sunset0505]

I highly doubt that this red flag will affect your husband at all at this point, since he has already been granted permanent residency. A failed work permit in the past will not keep him out of Canada - he is a legal resident now and as long as he doesn't commit any serious crimes and follows the residency requirements to keep his PR, he can't be refused re-entry.

Basically, the red flag was to remind border services to look a bit more closely at your husband's intentions when entering Canada, because he already showed he intended to work here but was refused. Now that he has PR, this won't be an issue.

By all means, contact your MP to learn more, but I really don't think you need to worry about having it removed.

Its is an issue he is red flagged and he has landed, he's working, and it will be there for 8 to 10 years...it means we will have to go to secondary until the flag is removed...

 

[CDNPR2014]

Its is an issue he is red flagged and he has landed, he's working, and it will be there for 8 to 10 years...it means we will have to go to secondary until the flag is removed...

may i ask if there more to the story than just a "denied work permit"? is the red flag a separate thing? what do you mean by "rehabbed" in your post above? if there is, you don't have to share the details, i'm just wondering a yes or no.

because i've been red flagged for worse, and have never been told this, did not need to go through rehabilitation, nor have had to go through secondary since becoming pr. i am very confused how this could be possible for simply being denied a work permit 2 years ago? because if that's the case, that really really sucks!!!

 

[jomz]

may i ask if there more to the story than just a "denied work permit"? is the red flag a separate thing? what do you mean by "rehabbed" in your post above? if there is, you don't have to share the details, i'm just wondering a yes or no.

because i've been red flagged for worse, and have never been told this, did not need to go through rehabilitation, nor have had to go through secondary since becoming pr. i am very confused how this could be possible for simply being denied a work permit 2 years ago? because if that's the case, that really really sucks!!!

Of course there's more to the story lol her husband had to get rehab app, don't know for what and really don't care. Bottom line the denied work permit is not the red flag. And yes for criminality (even rehabbed) a flag will remain on PRs profile and no MP or Minister of Immigration or Prime Minisyer himself could do anything to force the red flag removal.

 

[CDNPR2014]

Of course there's more to the story lol her husband had to get rehab app, don't know for what and really don't care. Bottom line the denied work permit is not the red flag. And yes for criminality (even rehabbed) a flag will remain on PRs profile and no MP or Minister of Immigration or Prime Minisyer himself could do anything to force the red flag removal.

oh! i thought the denied work permit was the red flag being referred to. the way i read the original post was specific to a denied work permit. i wasn't aware of the criminaltiy issue. that certainly makes more sense. it's none of my business what it is. thanks for clarifying. Happy Weekend!

 

[jomz]

oh! i thought the denied work permit was the red flag being referred to. the way i read the original post was specific to a denied work permit. i wasn't aware of the criminaltiy issue. that certainly makes more sense. it's none of my business what it is. thanks for clarifying. Happy Weekend!

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.