Pls help- background declaration form Schedule 1

[indmirage]

i was just going thru the completed forms to make sure everything is right and i noticed this question on Schedule 1 - background declaration form:

1. have you or any other family member previously applied for a canadian immigrant or permanent resident visa or visitor visa?
- What should i write here - I had applied for PR in Apr 08 and the application was sent back as my NOC was not in 38 occupation list


2. have you or any other family member refused refugee status in or an immigrant or permanent resident visa in canada before?
- Again what should i write here considering my situation


In the section where they say give details if ur answer to any question is yes, should i explain to them that i applied before but as my NOC was not in list my application was sent back.....cant they object that how i'm now sending the application with a different noc Now?

please help! i will be mailing my application by fri or sat as my bank draft is in process.

[shibleebd]

i think u should writ YES & say the true reason why the application was returned.

regarding changing the NOC, u can write that the duties u performed r similar to those in 38 NOC code which u did overlook in ur 1st application

[kane]

i think you should tell them exactly the truth,because i'm sure they have your previous recor on file.

[indmirage]

thanks so much for replying.

i definitely do not want to lie..the second ques is where i'm more confused- dont know if technically we were refused the visa or just our application was rejected....i think it should be the latter case, as we never got to go thru the entire visa process itself.

[kane]

you need to know exactly what happened as you're the only one who knows,check the paperwork again,if you didn't submit all the papers then you were never rejected.

[indmirage]

kane, we applied  in March 08 after the rules changed but the NOC list was not vreleased...so in oct they told us that our nOC is not in the list and they cant process our applciaiton...i guess then i should write no for the second question, right? coz they sent back our application with the processing fee so it was not that they processed the application and then rejected it.

[ja77]

thanks so much for replying.

i definitely do not want to lie..the second ques is where i'm more confused- dont know if technically we were refused the visa or just our application was rejected....i think it should be the latter case, as we never got to go thru the entire visa process itself.

you are right. your visa was not rejected. your application was only returned because your NOC was not in the magic list. however, this time, you should submit a good explanation if you plan to change your NOC and duties.

[kane]

if you apply and your noc code was not on the lis,then you it's like a rejection to me.
you should ask somebody who may apply around the same time and got rejected.