Immigration Corner | My USA visa was cancelled, can I apply to Canada?

Dear Miss Powell,

I had a USA visa and it was cancelled. I would like to apply for a Canadian visitor’s visa. Do you think I stand a chance of getting a Canadian visa now? Does it make sense applying? What do I need to submit to make sure my application will be successful?

– AA

Dear AA,

The first question that I have, and any visa officer will have is: Why was your visa cancelled? Your answer will determine the steps that you should take to get a temporary residence or visitor’s visa for Canada.

Did you breach an immigration rule? Did you overstay? Were you working on a visitor’s visa? Did you commit a criminal offence? Have you looked at the Canadian visa application form? You will be asked if you have been refused a visa or if a visa was revoked before, and you must respond truthfully. In fact, most immigration authorities share information about individuals, especially if the person has committed a criminal offence, or breached an immigration law or regulation. Another question is: How long ago was the visa cancelled? This could determine if you are deemed rehabilitated, depending on the nature of the offence, if any.

While the rejection or revocation of a visa by one immigration authority does not automatically mean that another country will reject your application, a cancelled visa that is not stamped ‘without prejudice’ will have an impact on how any new visa application will be assessed.

HOW TO HANDLE THE SITUATION

If you have committed a serious offence, then I recommend that you consult with a Canadian immigration lawyer directly before applying for a visa, as there may be some preliminary applications that may be necessary.

If you plan on applying, you should assume that the Canadian authorities are privy to the information from the USA, and therefore, it is imperative that you address the issue up front. You should provide an explanation, or defence, and present supporting documents to motivate the Canadian authorities to trust you and grant you a visa.

You must also clearly demonstrate that you have strong social and economic ties to your home country, which would motivate you to return at the end of the time granted. Essentially, you need to establish that you are not a threat to persons in Canada, that you will not remain in Canada illegally, and that you can afford the expense of the trip.

SUPPORTING DOCUMENTS

The supporting documents to counter the revocation of the visa would depend on the reason that your visa was revoked in the first place. Do not overlook the importance of other documents to establish that you have strong social and economic ties to your home country. Some of the documents you should include are:

1. Marriage certificate/proof of common-law relationship, such as a statutory declaration of common-law relationship, proof of joint ownership of property;

2. Birth certificates of your dependent children;

3. Letter from your employer that includes details about your period of employment, job title, hours worked, salary and benefits;

4. If you are self-employed, you will need copies of your business registration, copies of contracts, and recommendation from a justice of the peace;

5. Bank statement from your bankers to demonstrate that you have sufficient funds to pay for your ticket and expenses associated with your trip, without being bankrupt or not being able to provide for your family while you are travelling. The bank statement must be in your name or the name of your spouse;

6. If your trip is being sponsored by another individual, then that individual must provide a letter of explanation, employment letter, and a bank statement to prove his/her ability to sustain you;

7. You should also provide proof of ownership of property, motor vehicle or major equipment.

The above list is not exhaustive. The key is to have a valid reason for desiring to visit Canada, and demonstrate that whatever past infraction will not be repeated.

Have you tried reapplying to the USA? If you were able to convince the USA officers to reissue a visitor’s visa to you, before you apply for a Canadian visa, then that would be a good indication that you are worthy of a second chance, and a Canadian visa as well.

Deidre S. Powell is a lawyer, mediator and notary public who is a member of the Jamaican and Ontario, Canada bars. Her areas of practice are in immigration, commercial, real estate, personal injury, family and administration of estates. Connect with her via www.deidrepowell.com or 613-695-8777.