PR application refused, no status in Canada, can I visit the US and return?

[joheine]

Hi guys,

I feel pretty confident that I am on the right track, but just wanted to check with all of you if I am correct.

My inland PR application has been recently refused. I now decided to head back to Germany in the long run, but would like to go on a short trip to the US before I do.
I was on implied status before, but since my application was denied, I have no status in Canada.

Am I able to leave to the US and return to Canada as a visitor? I will only stay for another six weeks and then fly back to Germany. Is there a way they could deny re-entry, any suggestions on what to do? Could there be any problems at the border? Off course I will bring a copy of my outbound flight ticket to the border.

Thanks in advance.

 

[scylla]

Very sorry to hear your application was refused.

The short answer is yes - you can be denied entry at the border (probably a low chance - but a chance all the same). While the airline departure ticket is great proof that you plan to leave - there's nothing you can do to guarantee you will be allowed to re-enter.

 

[joheine]

Thanks, Scylla.

What do you think my chances are?
Why would they deny re-entry?

Any ideas, suggestions on what I should do?

I will be returning at the land border from Seattle to Vancouver.

 

[scylla]

I can't begin to guess what your chances are. The decision is entirely up to the immigration official you encounter at the border.

They could deny you re-entry because they might be concerned you don't actually plan to leave (having a flight booked doesn't guarantee you're actually going to leave).

What you do is entirely up to you in the end. Is it more important for you to visit the US or get the extra six weeks in Canada? If it's the former, then go to the US and have a back up plan for what you'll do if you're denied re-entry into Canada. If the six weeks in Canada is more important, then reconsider your trip to the US.

Again, there's nothing you can do to guarantee re-entry. Make your decision knowing that.

Good luck.

 

[Deutschbug]

M ask why your application got refused? I'm a German inlander as well. I'm not sure I would risk leaving, I think they might worry about you overstaying with a Canadian partner but a refused pr.

 

[perkele]

What you do is entirely up to you in the end. Is it more important for you to visit the US or get the extra six weeks in Canada? If it's the former, then go to the US and have a back up plan for what you'll do if you're denied re-entry into Canada. If the six weeks in Canada is more important, then reconsider your trip to the US.

Hi Scylla,

I'm just going out on a limb here and I might be getting this wrong, but the fact that the PR application was denied means that the "implied status" is over and Joheine is currently is out of status. That said, wouldn't it mean that the OP has to leave right now anyway? So in that case, couldn't the OP just chance it anyway and go to the States and try and come back to get visitor status for the 6 weeks before going back to Germany? (Since Joheine no longer has a status here anyway)

Again, I'm just wondering and I'm not entirely sure that I got it right.

 

[scylla]

Hi Scylla,

I'm just going out on a limb here and I might be getting this wrong, but the fact that the PR application was denied means that the "implied status" is over and Joheine is currently is out of status. That said, wouldn't it mean that the OP has to leave right now anyway? So in that case, couldn't the OP just chance it anyway and go to the States and try and come back to get visitor status for the 6 weeks before going back to Germany? (Since Joheine no longer has a status here anyway)

Again, I'm just wondering and I'm not entirely sure that I got it right.

Sorry my comments weren't clear. Yes - the OP should technically leave within a month or so of being refused because he is out of statu. If he says a few weeks longer - I don't think there will be any harm done (a few months longer would be bad). As for re-entering from the US, each time someone enters the country (even if they are visa exempt), immigration makes a decision about whether to let them into the country or not. So while the possibility is small, there's still a chance he might not be let into Canada. In that case I supposed the cost to him would be a one way flight back to Germany from the US (rather than using the ticket he's already booked from Canada). Sorry again if I wasn't clear.

 

[perkele]

Ok Thanks

I think my confusion had more to do with the end of implied status. I was under the impression that the person had to leave as soon as a negative decision was rendered, in this case, since the PR was rejected, I thought it meant that the person had to leave right away (or without too much delay). I wasn't sure if the person had a certain period before having to leave or if it was immediate decision; I tried looking for some information on this issue but much of it was unclear.