How to answer "have you ever been refused a visa, denied entry or ordered to leave Canada or any other country?"

Question

I am at a loss here. Here's a brief summary of what happened to me:

I was born and raised in the Philippines. I was granted permanent residency at birth because my parents were already permanent residents of the Philippines at the time of my birth. About five years ago, while applying for a renewal of my PR card along with a change of address, the bureau of immigration looked into my file and said that I shouldn't have been issued native-born permanent residency as my parents weren't permanent residents yet when I was born (I don't know where they got this info from). They asked for an explanation and our agent just told them I was young and a nice person and all, without providing sufficient evidence as to why I was a rightful permanent resident cardholder (evidence that my parents became permanent residents months before I was born). They were not satisfied with the explanation, which led to them issuing an order forfeiting my native-born status and asking me to downgrade and to secure the appropriate visa (my agent told me not to downgrade to a tourist visa or any other visa because once I did, I would not be able to fight for my PR status again). I was a dumb teenager at the time and didn't understand the gravity of the situation.

About two years ago, I realized that they were wrong to downgrade my status. We got another agent and I gave them all the evidence showing that my parents were already lawful permanent residents when I was born. A motion for reconsideration was filed and the bureau of immigration looked into my file again, and after about a year, they issued another order stating that I was qualified under the native-born category and reinstated my status as a permanent resident. My agent told me that my status is clear now, but I am still worried.

I don't know what to do now. Should I check yes or no for this question? By asking to get my PR card renewed and them basically saying no and asking me to get another visa, does it count as visa refusal? I'm so scared. Moving to Canada has always been my dream and years of my life have already been taken from me. Can you please help me? :(

Answer 1

First, the caveat. I am not a lawyer. Your personal history is complicated enough that using one would definitely be recommended.

However, as you say you cannot really afford one, then you must go by risk. I will give you what I think I would do in your case. Whether or not you choose to view the facts the same as me, is up to you. Remember, I am some unknown and anonymous Internet person that you don't really know.

First, re-read the question as asked, but broken out into one part at a time.

• Have you ever been refused a visa by any country?
• Have you ever been denied entry into a country?
• Have you ever been ordered to leave a country (officially)?

If your answer to each of those parts is no, then that is your answer to the whole.

The next important thing you state is that "A motion for reconsideration was filed and the bureau of immigration looked into my file again, and after about a year, they issued another order stating that I was qualified under the native-born category and reinstated my status as a permanent resident." So, the Philippine government has stated that you are qualified under the native-born category and has granted permanent resident status.

That means you are a resident of the Philippines. All that went on before is moot. They've now granted you permanent-residency as of the day you were born. Seems to me, legally (again, IANAL) from then to now, you were and are a permanent resident and can disregard all of the stuff that happened in the middle.

Were you me, and were I attempting to travel, I believe I would have no problems answering NO to the question asked. Now you have to view this using your own "risk meter", so to speak.

Answer 2

The safest is to take these questions absolutely literally. Did you ever ask Canada, The Philippines, Italy, Germany or any other country for a visa and it was refused, then you should answer “yes” with an explanation obviously why this shouldn’t count against you.

Have you ever been denied entry? Have you ever arrived at an airport and been told to fly back? That’s “entry denied”. Did you call an embassy and enquired whether you can get a visa, or travel to a country without visa? If they say “no, we would most likely not give you a visa if you applied”, that’s not “denied a visa”, and being told “you’d be returned home if you tried entering” is not being denied entry.

So answer the questions absolutely literally, and truthfully.

Answer 3

If you want to one day apply to remain in Canada permanently when your studies are done you will have to answer a much more detailed set of questions about this and affirm them in an in-person interview with someone who is trained to notice if you are nervous because you think you're lying. Trying to hide this now if you will have to explain it later in order to be truthful during the more rigorous/intrusive Canadian PR process is likely to cause more anxiety and potential real consequences.

In the experience of this one stranger on the internet: Writing something like "On X date I was refused Y visa because my application did not include the required supporting documents and evidence. I appealed the decision and submitted the required evidence to support my status. As a result I was granted Y visa on Z date." should not adversely affect you.