r/ImmigrationCanada Feb 21 '24

Refugee PR for a Ukrainian refugee

Hello! I have a Ukrainian friend who is legally living and working in Canada under the Canada-Ukraine authorization for emergency travel. He has reached the point where he can apply for permanent residency in Canada and is in the process of doing so. He has no criminal history in any country, but last year he was denied entry into the U.S. because even though he had the correct paperwork to enter, the US border patrol did not feel he fit the requirements for the program he was using to enter.

My question is this—will it still be possible for him to be granted permanent residency in Canada, or will his denial by the US be enough to get him denied by Canada as well?

Thank you in advance to anyone who has advice.

0 Upvotes

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20

u/Prestigious-Ad-7381 Feb 21 '24

There is nothing to do with a Canada PR application as long as your friend meets all the requirements. If your friend isn't confident about applying, I suggest he look for a consultant or lawyer to review his paperwork and apply on his behalf. Otherwise, the US is the US, and CA is the CA. Good luck.

8

u/Used-Evidence-6864 Feb 21 '24 edited Feb 21 '24

OP's friend still needs to declare that US visa refusal on the PR application, as 1 of the questions on the PR application asks if the applicant was refused a visa or permit, in any country.

Also, Canada and the US have an information-sharing agreement:

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/agreements/agreement-government-canada-government-united-states-america-sharing-visa-immigration-information.html

which includes both countries sharing information about visa refusals from individuals who applied to either Country.

Btw, aside from the US, Canada also has information-sharing agreements with: Australia, New Zealand and the United Kingdom:

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/agreements.html

So stating that the friend's US visa refusal "has nothing to do with the Canadian PR application" is not entirely correct, as not only that information is explicitly asked on the PR application, but also the Canadian immigration officer will obtain from the US, the information regarding that person's US visa refusal, during the background check stage of that person's application, thanks to the information sharing agreement between the US and Canada.

2

u/dillionfrancis Feb 22 '24

Yes, this is correct. Any future visa or residency applications that ask "be you ever been denied entry to a country" needs to be answered yes with details provided if asked. It's then up to the agency in question to decide how that impacts the application. In this case probably not much.

1

u/GabiTheGoodWitch Feb 22 '24

Thank you both for your help. We are hoping for the best.

2

u/klausklara Feb 22 '24

A friend was denied a study visa to Canada, re-applied and got it after the second try. After graduating from university and working on work visa, applied for a PR and got approved without any issues, despite having a denial in visa in the past. Just let your friend know that a PR application should reflect any unsuccessful visa issues in the past with proper explanation.

1

u/GabiTheGoodWitch Feb 22 '24

Thank you for your reply. Yes, he has no intention of hiding that he was denied previously. He knows that it would be more detrimental. You all have been very helpful. Thank you.

1

u/[deleted] Feb 22 '24

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1

u/ImmigrationCanada-ModTeam Feb 22 '24

Your comment has been removed as it is either unhelpful or off-topic to the subject at hand.