Q & A: Visitor Visa Refusal

CIC News
Published: November 1, 1997

Q. Can refusal of PRP (permanent resident application) cause refusal of student authorization?

I applied for PRP back in 1995/96. I was refused the PRP only because I did not have enough experience in the job category I applied for.

Now, I got admission to Ph.D. program in Canadian Univ., and am granted financial support for the whole duration of my study. However, the Canadian embassy refused me VISA by stating the fact that I was refused the PRP in 1996, and they are not sure if I will leave Canada after my studies. What does paragraph 19(2)(d) of the Act states?

As a prior application for permanent residence makes a clear indication that the individual has (or at least had) the intention of residing permanently in Canada, subsequent non-immigrant visa applications would certainly be tainted. In such a case, a visa official may have concern about the likelihood of the individual's return home after the allowed period in Canada has expired.

Answer: 19(2)(d) states:

No immigrant and, except as provided in subsection 3, no visitor shall be granted admission if the immigrant or visitor is a member of any of the following classes:

[...]

(d) persons who cannot or do not fulfil or comply with any of the conditions or requirements of this Act or the regulations or any orders or directions lawfully made or given under this Act or the regulations.

Subsection 3 states:

A senior immigration officer or an adjudicator, as the case may be, may grant entry to any person who is a member of an inadmissible class described in subsection (2) subject to such terms and conditions as the officer or adjudicator deems appropriate and for a period not exceeding thirty days, where, in the opinion of the officer or adjudicator, the purpose for which entry is sought justifies admission.

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