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Suryarao611

Hero Member
Sep 23, 2020
358
140
was able to access my profile but no updates, is it really like this? OMG now I can feel for those who are waiting for more than 10 months. uff
 

stefi2020

Hero Member
Nov 23, 2020
637
342
Category........
CEC
Visa Office......
Ottawa
App. Filed.......
Aor October 10th 2020
Doc's Request.
Rcmp
AOR Received.
October 10th 2020
Med's Request
November 20th 2020
All your visa refusals should be declared in your application, not doing so can lead to misrepresentation. As per law you have an obligation to be truthful. Section

16(1) of the IRPA states:
  • 16 (1) A person who makes an application must answer truthfully all questions put to them for the purpose of the examination and must produce a visa and all relevant evidence and documents that the officer reasonably requires.

See Tuiran v. Canada (Citizenship and Immigration), 2018 FC 324 (CanLII), <http://canlii.ca/t/hr59k
Alalami v. Canada (Citizenship and Immigration), 2018 FC 328 (CanLII), <http://canlii.ca/t/hr6r1>

____________________________________________________
Any application you file can be looked into and there should be no discrepancy if you have filed multiple applications. If you filed a TRV in which you did not declare a job, and then you claimed a job in your PR application, this is a discrepancy. Similarly if you were refused a visa before, the same has to be declared in the subsequent application filed with IRCC.

If you file any application with IRCC, TRV, WP, PR etc, any of them can be looked into to review your current application and any inconsistency can be a cause of misrepresentation. All applications have to be consistent, and if they are not, a reason on why you omitted the information has to be provided. Even if the reason is that you inadvertently forgot to mention a prior refusal, you have to inform IRCC.

While answering the statutory questions you have to list all prior visa refusals. Failing to declare any prior visa refusal is misrepresentation and the federal court has ruled on it in the following decision:

Algohar v. Canada (Citizenship and Immigration), 2019 FC 1364 (CanLII), available at http://canlii.ca/t/j36dk

It is an applicant's duty to disclose all material information pertaining to ones information and answer all questions truthfully.

If you inadvertently forgot to mention a prior visa refusal, you can send a webform and inform IRCC. Irrespective of what stage your application is at, or if it has even been approved, if it is found that you failed to disclose any material information in your application, it can impact your PR status.

In Tuiran v. Canada (Citizenship and Immigration), 2018 FC 324 (CanLII) the court held, " Section 16(1) of the Act requires visa applicants to answer all questions truthfully and produce all relevant documents and evidence reasonably required when making an application under the Act. The purpose of the misrepresentation provisions in the Act is “to ensure that applicants provide complete, honest and truthful information in every manner when applying for entry into Canada” (Jiang v Canada (Citizenship and Immigration), 2011 FC 942 at para 36; Khan v Canada (Citizenship and Immigration), 2008 FC 512 at paras 26-29; Wang v Canada (Citizenship and Immigration), 2005 FC 1059 at paras 57-58, affirmed in 2006 FCA 345 [Wang])." I emphasize that it does not matter that the authorities may have the ability to catch the misrepresentation or not. What matters is whether the misrepresentation induced or could have induced an error in the administration of the IRPA.

_______________________________________

Does a prior visa refusal have an impact on the process of your PR application?

The answer is maybe. It will depend on what the visa was refused and which country it was for. If it is of any of the countries with which Canada shares info, then more info can be gathered to find if criminality, immigration fraud, HRV issues etc. was the reason. If the reason was just an administrative one, such as the via officer now being satisfied, then it will not have any impact.

Also, if you have a prior visa refusal from Canada, the same applies, as long as you have disclosed it. The criteria for PR and visitor's visa are different and except what is listed above, it will not have an impact.
Hi @legalfalcon,

What if we genuinely answered NO to statutory questions and send later a webform to explain visa refusal?
 

stefi2020

Hero Member
Nov 23, 2020
637
342
Category........
CEC
Visa Office......
Ottawa
App. Filed.......
Aor October 10th 2020
Doc's Request.
Rcmp
AOR Received.
October 10th 2020
Med's Request
November 20th 2020
yes, whenever someone accesses the file it gets logged. but calling for getting the information regarding updates does not account to negative processing of the file at all
So my call was registered on the GCSM notes but the purpose was not mentionned. They basically mentionned something like client called - time and date of my call- that's all.
 

stefi2020

Hero Member
Nov 23, 2020
637
342
Category........
CEC
Visa Office......
Ottawa
App. Filed.......
Aor October 10th 2020
Doc's Request.
Rcmp
AOR Received.
October 10th 2020
Med's Request
November 20th 2020
If a mistake was made in answering the question then yes send in a webform to explain it, promptly.
That was not promptly, but I did it as soon as I noticed my mistake. Meanwhile, IRCC didn't ask anything about it.
Hope that won't be misrepresentation....Thanks anyway.
 

kanwar144

Star Member
Mar 16, 2015
53
13
If I schedule an appointment for Biometrics in Nepal, can someone confirm which option should be selected?
Biometrics enrolment for Bio cases
OR
Application Submission with Biometrics?
You SHould Select only BIometrics enrolment for BIO Cases only, that's what I have selected and done my bio in Nepal.
It's very easy.
You can travel same day and out as frequency of flight have increased, FYI, at airport immigration in Nepal take 2 hours window and 1-hour window for the taxi to VFS, and 30 mins there at vfs centre before your appointment time. it should be smooth.
 

aditya9787

Star Member
May 23, 2019
137
51
37
Kolkata
Category........
FSW
NOC Code......
5221
Hi Aditya,

Could you please let me know the requirements for Nepal (like covid test or quarantine rules and visa requirement)?
Also would a 1 day trip be enough, or should be keep 1 day spare?
Quarantine is not required but you have to get a negative covid report once while flying to nepal and once more while arriving back. Test should be within 72 hrs from boarding. It is visa free travel for indian passport holders. You can only take Air India or Nepal Airlines. I arrived in kathmandu on 31st, bio on 1st and leaving today.
 

Vikas1519

Full Member
Jul 6, 2020
34
13
You SHould Select only BIometrics enrolment for BIO Cases only, that's what I have selected and done my bio in Nepal.
It's very easy.
You can travel same day and out as frequency of flight have increased, FYI, at airport immigration in Nepal take 2 hours window and 1-hour window for the taxi to VFS, and 30 mins there at vfs centre before your appointment time. it should be smooth.
Hi
Can u Plz share me one thing regarding Nepal Biometric appointment process:-“ “after confirm appointment”” on mail, can we will receive second mail from VFS Nepal or our appointment is confirmed.
 

Vikas1519

Full Member
Jul 6, 2020
34
13
Quarantine is not required but you have to get a negative covid report once while flying to nepal and once more while arriving back. Test should be within 72 hrs from boarding. It is visa free travel for indian passport holders. You can only take Air India or Nepal Airlines. I arrived in kathmandu on 31st, bio on 1st and leaving today.
Hi
Can u Plz share me one thing regarding Nepal Biometric appointment process:-“ “after confirm appointment”” on mail, can we will receive second mail from VFS Nepal or our appointment is confirmed.
 

wandrmnk

Full Member
Jan 9, 2021
20
12
What checks do they do in eligibility?
Approx how many days it will take to complete? Any idea guys?
During eligibility they review the documents you have submitted like ECA/Degree Cert, IELTS/CELPIP, Employment reference (against NOC duties especially) and also your personal history for any discrepancy between your documents and declared history. This is done in two steps: first by an analyst who either recommends your eligibility be passed or asks the next level officer to review your documents thoroughly. The second step is the Visa office (case processing officer) who marks your eligibility passed or asks for Additional documents or unfortunately, in some cases, failed. That is why it is the most crucial part of the processing.

This whole thing can take anywhere between 25 days (rare nowadays) to nearly 4 months.
 
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legalfalcon

VIP Member
Sep 21, 2015
19,047
9,915
Montréal, Quebec, Canada
Category........
FSW
Visa Office......
Ottawa
NOC Code......
4112
App. Filed.......
03-09-2015
Doc's Request.
01-10-2015
AOR Received.
03-09-2015
Med's Done....
17-08-2015
Passport Req..
05-04-2016
VISA ISSUED...
12-04-2016
LANDED..........
05-05-2016
Hi @legalfalcon,

What if we genuinely answered NO to statutory questions and send later a webform to explain visa refusal?
As long as you disclose, the would be fine. Many applicants forget to mention the past visa refusal, however, as long as you disclose it, you would not be an issue.
 
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