Parents denied entry

[pooja1682]

My parents have a multi-entry TRV valid till 2023 (indian passport). They have been living with me on TRV for last 1.5 years, in order to help me (and my child) with various things. I recently got PR and was planning to apply for super-visa for them soon.

Their most recent entry to Canada was mid-january. Since 6-months was about to finish, someone suggested that they make a short trip to U.S. and come back. They went to U.S. by road (they have multi-entry U.S. visa).

However, on the way back, the Canadian border officer questioned them a lot. Unfortunately I wasn't with them at that time (and they don't speak good English), and couldn't give satisfactory answers, coupled with the fact that they didn't had return flight ticket and had already stayed for long duration in Canada (although they never over-stayed their visa). The first border officer asked them for more documents (return flight ticket, insurance, ties to home country etc.) and sent them back to U.S., asking to come with the documents. When they came back after few hours, it was different officer. This officer analyzed all the documents for hours and eventually denied entry. Both officers provided them a form "Allowed to leave Canada" (which also says: "I hereby voluntarily withdraw my application to enter Canada and agree to leave Canada without delay"). The officers also suggested to apply for super-visa.

They are back in India now. I have ordered GCMS notes. I need the help of my parents, since I am a single mom, have a minor kid, and also a full-time job. It's difficult for me to manage alone, plus I get emotional support from my parents.

1) Now, can my parents re-enter on their TRV after some time (TRV is valid till 2023). If yes:

2) How much time gap is recommended before attempting next entry?

3) Would it be better to re-enter through road from U.S. or directly via flight? (or it wouldn't make a difference)

4) Is there anything else they can do for their next entry to go smoother? (e.g.: having return flight ticket, documents for showing ties to home country etc.)

5) In retrospective, should I have applied online to extend their visitor status instead of going through border (CIC vs CBSA)?


Past visits:
2015 May : 1 week
2015 June - July : 2 months
2017 Jan - June: slightly less than 6 months, went to U.S. for a month
2017 July - Dec: slightly less than 6 months, went to India for a month
2018 Jan - June: slightly less than 6 months, went to U.S for 2 day trip (denied entry on return to Canada)

 

[canuck78]

The issue is really that your parents were living in Canada so yes they were rightfully refused. Even if you had applied online you would have likely been either refused or granted a short extension. You were also asking about the supervisa without indicating that your parents hd already spent a significant amount of time already. Your parents are not allowed to work in Canada which includes childcare for your children. I would recommend that your parents not apply for a visa for at least 6 months. I would also anticipate that they may not be able to keep extending their TRV like the last time. As a single parent you knew that you would be facing these challenges when you moved to Canada.

 

[Bryanna]

My parents have a multi-entry TRV valid till 2023 (indian passport). They have been living with me on TRV for last 1.5 years, in order to help me (and my child) with various things. I recently got PR and was planning to apply for super-visa for them soon.

Your parents have violated the conditions attached to their visitor visas. They/you have thought that they could live indefinitely instead of returning home.

However, on the way back, the Canadian border officer questioned them a lot. Unfortunately I wasn't with them at that time (and they don't speak good English), and couldn't give satisfactory answers, coupled with the fact that they didn't had return flight ticket and had already stayed for long duration in Canada (although they never over-stayed their visa).

Even if you were with them, it wouldn't have changed the fact that they are overstayers who take short trips to the US to 'reset the clock'.

This officer analyzed all the documents for hours and eventually denied entry. Both officers provided them a form "Allowed to leave Canada" (which also says: "I hereby voluntarily withdraw my application to enter Canada and agree to leave Canada without delay").

They were correctly refused entry.

The officers also suggested to apply for super-visa.

Again, a super visa would allow them to stay for up to 2 years only on their first entry + if allowed by the officer at the POE.

They are back in India now. I have ordered GCMS notes.

GCMS notes will not help.

I need the help of my parents, since I am a single mom, have a minor kid, and also a full-time job. It's difficult for me to manage alone, plus I get emotional support from my parents.

These are no reasons for your parents to stay indefinitely on TRVs. It is incorrect to think that elderly, retired parents can be retained to cook, clean and mind the kid to save on expenses.

1) Now, can my parents re-enter on their TRV after some time (TRV is valid till 2023). If yes:

2) How much time gap is recommended before attempting next entry?

They must attempt re-entry after about 1-1.5 years. Not before that.

3) Would it be better to re-enter through road from U.S. or directly via flight? (or it wouldn't make a difference)

Makes no difference.

4) Is there anything else they can do for their next entry to go smoother? (e.g.: having return flight ticket, documents for showing ties to home country etc.)

What would make their next entry easier is if they return after at least 1-1.5 years later + have evidence to show they will be returning to India after a couple of months.

5) In retrospective, should I have applied online to extend their visitor status instead of going through border (CIC vs CBSA)?

Their applications for extension would have been refused

 

[pooja1682]

Thanks for the insights.

My parents do not want to live here indefinitely, they want to live for few years.

1) Do you think this denial and previous long stay would significantly affect super-visa application?

2) Is there a way we can make the super-visa application stronger?

3) While applying for new visa, is previous 'refused admission' considered equally bad as previous 'visa refusal'?

 

[zardoz]

Thanks for the insights.

My parents do not want to live here indefinitely, they want to live for few years.

1) Do you think this denial and previous long stay would significantly affect super-visa application?

2) Is there a way we can make the super-visa application stronger?

3) While applying for new visa, is previous 'refused admission' considered equally bad as previous 'visa refusal'?

They cannot "live" in Canada. They can only "visit". This was the first error.

1) Yes. The entry refusal should have been communicated back to the issuing visa office.
2) Probably not at this point in time. A longer period of remaining in their home country will be needed.
3) It will have been recorded as a misuse of the privilege, rather than just not being eligible.

In one respect, they were lucky. The CBSA did not follow-up with the investigation of illegal working. Regardless of the motives, providing you with childcare while you are at work is considered to be illegal work, as it takes away a job that a Canadian *could* be employed for.

 

[scylla]

Thanks for the insights.

My parents do not want to live here indefinitely, they want to live for few years.

1) Do you think this denial and previous long stay would significantly affect super-visa application?

2) Is there a way we can make the super-visa application stronger?

3) While applying for new visa, is previous 'refused admission' considered equally bad as previous 'visa refusal'?

They are not allowed to live here on a visitor visa. They have been abusing their visitor visa privileges. Recommend they stay out of Canada for at least 8 months before attempting to return.

1) Yes
2) Wait a year before applying. Right now your parents can't demonstrate ties to their home country since they have been 'living' in Canada for so long.
3) Yes

 

[Manpreet_2233]

they are overstayers who take short trips to the US to 'reset the clock'.

agree with you. thts why some people get US visa with TRV to do same .

 

[pooja1682]

@Bryanna @scylla @zardoz @canuck78
My parents have been in India since June-end.

In last few months, unfortunately my physical and mental health deteriorated significantly. I have been seeing some doctors and was also admitted to a hospital. I got following doctor's note recently: https://goo.gl/ZTz579. Would this letter be helpful at the border when my parents try to enter next time (on their existing valid TRV)?

Another option might be for them to come with my brother, who moved to Canada few months back (as a PR). He might explain that he is bringing parents to stay with him for some time and visit several places in Canada (which they would actually visit).

Which option seems better from CBSA officer perspective?

 

[scylla]

@Bryanna @scylla @zardoz @canuck78
My parents have been in India since June-end.

In last few months, unfortunately my physical and mental health deteriorated significantly. I have been seeing some doctors and was also admitted to a hospital. I got following doctor's note recently: https://goo.gl/ZTz579. Would this letter be helpful at the border when my parents try to enter next time (on their existing valid TRV)?

Another option might be for them to come with my brother, who moved to Canada few months back (as a PR). He might explain that he is bringing parents to stay with him for some time and visit several places in Canada (which they would actually visit).

Which option seems better from CBSA officer perspective?

I think the letter will create problems. If your health isn't good and you draw attention to this, CBSA may be concerned you're trying to bring them to Canada long term.

 

[Manpreet_2233]

@pooja1682 last year my one friend did the same his parents TRV has been cancelled on the POE by CBSA.

 

[pooja1682]

Would the previous refused entry to Canada, can create issue in U.S. entry in future? Will the U.S. CBP officers be able to see this Canadian refusal in their system?

 

[zardoz]

Would the previous refused entry to Canada, can create issue in U.S. entry in future? Will the U.S. CBP officers be able to see this Canadian refusal in their system?

Possibly, and yes, they can.

 

[pooja1682]

Possibly

Practically speaking, what are the chances of having issues at U.S. border specifically because of this (refusal at Canadian border)?

They have valid long-term U.S. B1/B2 visa. They have visited U.S. few times since 2010, never stayed more than few days/weeks. They don't have any ties to U.S (no family-members/relatives/friends). They have been in India for last few months.

On a separate note, I was planning to apply for U.S. "Global Entry" program for them (Indian citizens are now eligible for it). Can that application be impacted because of previous Canadian border issues? Also, is it a good idea to apply for Global Entry (for future trips to U.S.) (I understand it doesn't help in Canada).

 

[zardoz]

Practically speaking, what are the chances of having issues at U.S. border specifically because of this (refusal at Canadian border)?

They have valid long-term U.S. B1/B2 visa. They have visited U.S. few times since 2010, never stayed more than few days/weeks. They don't have any ties to U.S (no family-members/relatives/friends). They have been in India for last few months.

On a separate note, I was planning to apply for U.S. "Global Entry" program for them (Indian citizens are now eligible for it). Can that application be impacted because of previous Canadian border issues? Also, is it a good idea to apply for Global Entry (for future trips to U.S.) (I understand it doesn't help in Canada).

Visa issues with any of the "Five Eyes" countries can impact the others. In case you are not aware, there is immigration information sharing between Canada, USA, UK, Australia and New Zealand.

 

[canuck78]

You do have the option of going to stay with them. There would not be any visa issues. Your parents coming to stay with your parents so soon after a move raises concerns that they are trying to live in Canada . They have even stronger ties to Canada. Realistically do you think your parents staying with you for 6 months would even be enough? You can't count on extension. Your brother is now in the country can he not be o help?