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Refused to Enter Canada Record

Rastamarie

Member
Dec 3, 2011
11
0
Hi,

I would like to seek an advice, if any of you have experienced this or you know someone with the same experience. I have a friend who went here last 2011 for 5 months to attend short courses for nursing. She went back to Philippines because her TRV was expiring. She applied for a Tourist Visa but she got denied twice. The third time she applied, it was approved. She went back last September 2012 to attend her clinical courses as part of the CRNE requirement.

She was offered a job as a Live-in Caregiver and received a positive LMO. She submitted the requirements while she was in Canada.

It was her 5th month stay when she went to consultant to get an advice on how to expedite the work permit application. The consultant advised her to go to the border and apply for the work permit. However, since the offered job is for Live-in Caregiver program, she was refused. Worse, the immigration officer was not satisfied that she will leave Canada. The officer issued something like Removal Order, instructing her to leave Canada since she already stayed for 5 months and the officer felt like she misrepresented herself to the officer for not telling about the nursing courses and the positive LMO when she arrived to Canada. The officer also found out about the tourist visa applications that were rejected.

She went back to Philippines as part of the Return Order. But since she needed to come back to Canada for her CRNE board exam, she went back last June. When she came back here she was interrogated by the officer because of her Removal Order record which, she didn't know that it was something like a “Refusal to Enter” Canada. The officer allowed her to stay but with restrictions of not engaging in any employment, not attending short courses and she has to leave before July 30.

My question is, since she really wanted to stay longer in order to find job as a nurse after she passes her board., what are the options? She tried applying for school in order to get student visa, the school hasn't come back with the assessment especially that her ICES result is not favorable to qualify for masters.

Can she apply for extension? What are the risks involved?

I need an expert advice.

Thank you.
 

scylla

VIP Member
Jun 8, 2010
95,921
22,166
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
A student visa is not a good way to go. In order to be approved for a student visa, you must demonstrate that you have strong ties to your home country and have no plans on remaining in Canada long term. Given the amount of time your friend has spent in Canada and the fact she has been issued warnings already, I think she will find it difficult to prove this. I believe CIC will think she is using the student visa as a way of remaining in Canada (i.e. CIC will think she's not a genuine student).
 

Rastamarie

Member
Dec 3, 2011
11
0
Thank you for the input. Will those warnings affect her work permit application too?

Also, am I right to say that if she apply for an extension, the probability that it will get refused is very high?
 

amikety

VIP Member
Dec 4, 2011
4,905
143
Calgary
Category........
Visa Office......
CPP-O
Job Offer........
Pre-Assessed..
App. Filed.......
15-01-2013
AOR Received.
2-2-2013
Med's Done....
12-10-2012
Passport Req..
9-07-2013
VISA ISSUED...
7-08-2013
LANDED..........
7-08-2013
Rastamarie said:
Thank you for the input. Will those warnings affect her work permit application too?

Also, am I right to say that if she apply for an extension, the probability that it will get refused is very high?
Most definitely. It will next to impossible for her to get any temporary status in Canada.
 

Rastamarie

Member
Dec 3, 2011
11
0
So you mean to say that those records (visa denied, removal order) will be considered in application of work permit?

The work permit application is in process. It usually takes 18-24 months for the Live-in Caregiver program to get the work permit in Canada.

Thanks.
 

amikety

VIP Member
Dec 4, 2011
4,905
143
Calgary
Category........
Visa Office......
CPP-O
Job Offer........
Pre-Assessed..
App. Filed.......
15-01-2013
AOR Received.
2-2-2013
Med's Done....
12-10-2012
Passport Req..
9-07-2013
VISA ISSUED...
7-08-2013
LANDED..........
7-08-2013
Rastamarie said:
So you mean to say that those records (visa denied, removal order) will be considered in application of work permit?

The work permit application is in process. It usually takes 18-24 months for the Live-in Caregiver program to get the work permit in Canada.

Thanks.
Yes, those will definitely be considered. So will her previous trips and visas to Canada. The removal order is the biggest one, in my opinion. It's showed she's overstayed her temporary status before. CIC may not (probably won't) risk extending her another temporary status.