Refusal of Visa

[ag2015usa]

Here are the full texts of the laws that govern Express Entry:

http://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-227/FullText.html
http://www.cic.gc.ca/english/department/mi/express-entry.asp

Nowhere do they say that you shouldn't have been denied entry/visa to any other countries.

So no, it will not affect your outcome.

 

[legalfalcon]

Thank you for the very detailed explanations
I will go ahead and answer the question with 'Yes,' and clarify the answer in the letter of explanation. This won't affect my chances, right?

To answer your question directly, NO. The application is seen holistically and not one thing matters. You were refused a visa, you reapplied, and got it. You mus have then studied in the US, and I am sure you will furnish FBI PCC. This denial will not matter at all.

What CIC is concerned about is to keep the applicants with dubious background put of the country to keep Canada safe. So relax and just go ahead and file your applications. If you are submitting your LOE, keep it simple and straight. Don't complicate or write anything that you cannot back up.

 

[Asivad Anac]

To answer your question directly, NO. The application is seen holistically and not one thing matters. You were refused a visa, you reapplied, and got it. You mus have then studied in the US, and I am sure you will furnish FBI PCC. This denial will not matter at all.

What CIC is concerned about is to keep the applicants with dubious background put of the country to keep Canada safe. So relax and just go ahead and file your applications. If you are submitting your LOE, keep it simple and straight. Don't complicate or write anything that you cannot back up.

Or even better, do not mention this in the LOE at all. There is nothing to be explained here. Cross that bridge if and when CIC asks you to explain the refusal (extremely unlikely that they would do this).

 

[legalfalcon]

Or even better, do not mention this in the LOE at all. There is nothing to be explained here. Cross that bridge if and when CIC asks you to explain the refusal (extremely unlikely that they would do this).

That is true, just leave it and address it if asked.

 

[MASF]

So, this is to do with this question:

'Has applicant ever been refused a visa or permit, denied entry or ordered to leave Canada or any other country?'

In 2010, I left India to go study in the United States. My first interview for a student visa, however, I did not get the visa; I did not get a refusal letter. I went for the interview, and the interview officer told me that I was not getting a visa, because I was unable to demonstrate intent to emigrate, and she advised me to schedule a second appointment, which I did. In the second appointment, I was issued a visa without any further questions asked or documentation needed. I did have to pay a second round of application fees for my second interview, however.
No letter of refusal was ever issued, however.


My question is, does this count as a refusal of visa?
EDIT: Okay, I want to be very clear with this, so here is the exact sequence of events:

* Got accepted by a US university
* Receive relevant documents from the university
* Apply for a US visa. Pay fees and schedule appointment.
* Visit the embassy for the interview- visa is not granted. Passport is returned without anything being stamped in it, and I am told to re-apply, since I do not demonstrate intent to immigrate (I just researched this, it is Section 214(b)). I receive no rejection letter.
* Apply for a new interview- involves a new appointment, new round of fees paid, new interview.
* Get there, and after a short interview, I am granted a visa.

Technically, is this a refusal or not?
If it is, I understand that no LoEs are required, but wouldn't a Yes here potentially hurt the application?

I do not believe you should answer no to this question. The US embassy does not always give you a refusal letter when you are refused a visa. I know this because I was refused and given the same excuse you were given. I was also advised to reapply and when I did 2 months later I was only asked one question then issued with an acceptance. My suggestion to you is to reach out to the US embassy and ask for clarification as to whether or not your situation was classified as a refusal. They generally respond within a week. I believe this is the safest option.

My perception is that you received a refusal and the answer should be yes but others on the forum believe that because you did not receive it in writing it's not a refusal. If I were in your situation I would seek clarification from the US embassy. If that doesn't work I would submit an LOE to explain the situation and my ignorance about whether or not it was a rejection regardless of whatever option I choose so there is no grounds for CIC to claim I misrepresented information.

 

[MASF]

Or even better, do not mention this in the LOE at all. There is nothing to be explained here. Cross that bridge if and when CIC asks you to explain the refusal (extremely unlikely that they would do this).

If you are asked to complete schedule A it will ask you to explain why your visa was denied.

 

[Asivad Anac]

If you are asked to complete schedule A it will ask you to explain why your visa was denied.

I'm aware of that. That was the 'bridge' in my earlier comment.

 

[cyronn]

On the same topic, had a US visa refusal several years back. I answered 'Yes' to both the relevant statutory questions at the time of applying. At that point itself I thought of attaching the refusal letter from US consulate (which thankfully I had preserved), but didn't since I couldn't figure where to put it.

Got a schedule A request after applying in which you have to explain if you answer 'Yes' to any of the statutory questions. Here, put in the reasoning and for good measure attached the refusal letter as well. Hope this helps.

 

[Aragorn165]

I see. Thank you Asivad, legalfaction, cyronn, MASF, and ag2015usa for all of your reassurances and advice. I shall definitely do it as you all said.

 

[pranaEE2015]

Asivad Anac,

Please help..
I have submitted my PR application answered 'No' to each statuary question including refusal of visa, solely because i didn't pay attention to the any other country part and assumed it was all w.r.t. Canada. I realized my mistake only after stumbling upon this thread. My situation is that I and my husband applied for NZ PR some 4 years back and our application was declined due to 'failure to meet the selection criteria'. Now there's no way for me to go back and amend my Canada PR application :/ and I am really nerve-wrecked. This was totally unintentional and I had nothing to hide.

Please help...

Can they reject my application? What should I do?

 

[Aragorn165]

Asivad Anac,

Please help..
I have submitted my PR application answered 'No' to each statuary question including refusal of visa, solely because i didn't pay attention to the any other country part and assumed it was all w.r.t. Canada. I realized my mistake only after stumbling upon this thread. My situation is that I and my husband applied for NZ PR some 4 years back and our application was declined due to 'failure to meet the selection criteria'. Now there's no way for me to go back and amend my Canada PR application :/ and I am really nerve-wrecked. This was totally unintentional and I had nothing to hide.

Please help...

Can they reject my application? What should I do?

I would advise submitting a CSE immediately, politely worded, explaining that you have made a mistake, and that you did not mean to misrepresent, clarifying that your visa to NZ was rejected four years ago, and you would be willing to provide any documentation necessary towards that end if necessary.
Apologize for the oversight, make sure to keep your language polite.
All the best!

 

[pranaEE2015]

I would advise submitting a CSE immediately, politely worded, explaining that you have made a mistake, and that you did not mean to misrepresent, clarifying that your visa to NZ was rejected four years ago, and you would be willing to provide any documentation necessary towards that end if necessary.
Apologize for the oversight, make sure to keep your language polite.
All the best!

Thanks Aragorn. Can you please also suggest the steps for a CSE.. I submitted my PR application only a few days back and not sure how I can furnish additional information.

 

[Asivad Anac]

Thanks Aragorn. Can you please also suggest the steps for a CSE.. I submitted my PR application only a few days back and not sure how I can furnish additional information.

CSE ---> https://secure.cic.gc.ca/enquiries-renseignements/canada-case-cas-eng.aspx

Choose 'Express Entry' in the drop down menu.

 

[pranaEE2015]

CSE ---> https://secure.cic.gc.ca/enquiries-renseignements/canada-case-cas-eng.aspx

Choose 'Express Entry' in the drop down menu.

Thanks Asivad Anac.
I have submitted a CSE and provided a letter of explanation as well.
Fingers crossed!!

 

[legalfalcon]

Asivad Anac,

Please help..
I have submitted my PR application answered 'No' to each statuary question including refusal of visa, solely because i didn't pay attention to the any other country part and assumed it was all w.r.t. Canada. I realized my mistake only after stumbling upon this thread. My situation is that I and my husband applied for NZ PR some 4 years back and our application was declined due to 'failure to meet the selection criteria'. Now there's no way for me to go back and amend my Canada PR application :/ and I am really nerve-wrecked. This was totally unintentional and I had nothing to hide.

Please help...

Can they reject my application? What should I do?

The answer is a resounding NO and you have done the right thing. You did not apply for a visa, you applied for PR and if you could not qualify since you did not meet the criteria that is not considered visa refusal. So relax and you are all good. I don't see a reason why your application will be rejected.