Help from Bryanna !

[Rajesh125]

Dear Bryanna,

I am Indian national. My last TRV was refused June last year with explaination with only one reason " I am not satisfied that you have answered all questions truthfully, as required by subsection 16 (1) of the Act, I am specially satisfied that the following information is truthful

2.b) Have you been refused or asked to leave any country...?

In my case I had pending asylum with US immigration but I left the country on my own during the process(I was not asked to leave when I was there, I had pending Asylum status with work permit). But It might be the chance, I might have been put in removal due to my absence in Asylum hearing in court.

After returning from USA I travelled Australia twice, Uk twice, Schengen Are 5 times. I am fine financially, with job and property. I am planning to apply canada visa again in 2016. Is there any chance this time If a let them know what was the situation on previous subsection 16 (1). Is one country's removal order always automatically makes officers to refuse visa to another country, specially Canada?. I meet all the requirement except my US removal due to be out of status during asylum process and deportation order for being unable to appear on court because I had already left the country. I am planning to apply again in this year June, I will attend a week long training for my professional growth, I am defenately coming back home because i have more potentials here.

I hope your kind idea in this matter.

Rajesh,

 

[Bryanna]

Hi Rajesh,

For your previous TRV application, did you state that you had a failed US asylum application + a removal/deportation order (of which you have no records)? The US and Canada share immigration information.

Also (although it's in the past now), you should have sought Voluntary Departure instead of waiting for a removal order.


When you reapply for the Canada TRV:
a. You must disclose the full facts/evidence pertaining to your US asylum application + you left the US voluntarily + you have no documents for the removal/deportation order because you left prior to that

b. Provide proofs of flight tickets + flight ticket payments + boarding passes + scanned entry stamp in your Indian passport, etc.... to prove that you left the US voluntarily + at your own expense + prior to the removal order

c. Provide an affidavit stating that you had misunderstood the TRV application question (about visa refusals/entry denied) for other countries.... it was unintentional and a genuine mistake


You MUST prove extremely strong ties to India + strong documentation + travel history (scan the visas + prepare a *Travel History* explanation with visa details/entry-exit dates/purpose of visit).


It's not possible to say what your chances are for getting a TRV. Your travel history will help along with your other ties


Cheers

 

[Rajesh125]

Hi Bryanna,

Thank you so much for clear explanation. I did not mention about my asylum claim and deportation order while applying canada visa last time in june 2015. The reason for refusal was only one, that i did not answered it truthfully stating clause 2.(b) Have you been refused or asked to leave any country...?

I was not asked to leave United States until I was there It happened when I could not show up due to the reason i had left United States by myself, because the unrest situation at my town had improved I no longer needed to claim asylum.

I do have the air ticket that was bought from an Indian travel agency by myself, This time I will tell everything true and clear to CIC, and will wait their verdict.

Cheers Bryanna ! I will definately let you know what happens.

 

[scylla]

Hi Bryanna,

Thank you so much for clear explanation. I did not mention about my asylum claim and deportation order while applying canada visa last time in june 2015. The reason for refusal was only one, that i did not answered it truthfully stating clause 2.(b) Have you been refused or asked to leave any country...?

I was not asked to leave United States until I was there It happened when I could not show up due to the reason i had left United States by myself, because the unrest situation at my town had improved I no longer needed to claim asylum.

I do have the air ticket that was bought from an Indian travel agency by myself, This time I will tell everything true and clear to CIC, and will wait their verdict.

Cheers Bryanna ! I will definately let you know what happens.

You were most likely ordered removed in absentia by the US when you failed to show up to your asylum hearing. This would mean that you were ordered to leave the US and incorrectly answered the question in your Canadian TRV application. You need to find out if you were ordered removed in absentia and if so, answer "yes" to that question on the TRV application.

 

[Bryanna]

Hi Rajesh,

A few other points:
1. If you failed or you refused to attend the removal hearing then you would also have a 5 years ban from the date of the US deportation order.

2. The removal order will be invalid if you can prove that you were not served the NTA (Notice to Appear) in absentia.

3. You may also want to apply for GCMS Notes (observations made by the visa officer when s/he assessed your previous Canada TRV application). This will help you to address the 'not answered truthfully' refusal reason


All the best