Applying PR with bad immigration history

[cangocan]

Hi All

I have recently applied and came to Canada as a temporary work visa. Now I'm planning to apply PR . when I'm applying for work permit i applied through agent. before that i was in UK and deported failed asylum case. It happened almost 9 years ago. So when i applied for work permit my police report didn't had any issue but there was a gap in between the time where i left country to UK and returned. but agent didn't declare that saying only 5 year recent record needed. i got the visa. But now when I'm applying for PR i see 10 years police report needed to be submitted. so i have to declare that. will it be a problem or will be a reason to refuse PR application?

Thank you

 

[scylla]

Hi All

I have recently applied and came to Canada as a temporary work visa. Now I'm planning to apply PR . when I'm applying for work permit i applied through agent. before that i was in UK and deported failed asylum case. It happened almost 9 years ago. So when i applied for work permit my police report didn't had any issue but there was a gap in between the time where i left country to UK and returned. but agent didn't declare that saying only 5 year recent record needed. i got the visa. But now when I'm applying for PR i see 10 years police report needed to be submitted. so i have to declare that. will it be a problem or will be a reason to refuse PR application?

Thank you

So you failed to declare both the failed asylum case and the deportation in your work permit application? You are required to declare your full history in your work permit, not just the previous five years. The question is "have you ever". It has nothing to do with the length of the PCC you need to provide. This means you misrepresented yourself in the work permit application and this is a fairly material misrepresentation. I would recommend getting a consult with an immigration lawyer before you apply for PR.

 

[cangocan]

So you failed to declare both the failed asylum case and the deportation in your work permit application? You are required to declare your full history in your work permit, not just the previous five years. The question is "have you ever". It has nothing to do with the length of the PCC you need to provide. This means you misrepresented yourself in the work permit application and this is a fairly material misrepresentation. I would recommend getting a consult with an immigration lawyer before you apply for PR.

Thank you for the prompt response. so when i'm applying for PR my deportation and failed asylum case got more than 10 years. so still do i need to declare those?

 

[scylla]

Thank you for the prompt response. so when i'm applying for PR my deportation and failed asylum case got more than 10 years. so still do i need to declare those?

Yes, you absolutely need to declare them. You were required to declare them in the work permit application as well.

 

[PMM]

Hi

Hi All

I have recently applied and came to Canada as a temporary work visa. Now I'm planning to apply PR . when I'm applying for work permit i applied through agent. before that i was in UK and deported failed asylum case. It happened almost 9 years ago. So when i applied for work permit my police report didn't had any issue but there was a gap in between the time where i left country to UK and returned. but agent didn't declare that saying only 5 year recent record needed. i got the visa. But now when I'm applying for PR i see 10 years police report needed to be submitted. so i have to declare that. will it be a problem or will be a reason to refuse PR application?

Thank you

1. Did you report your deportation from the UK on your WP application? If you didn't you are in deep trouble. Read up on misrepresentation

 

[cangocan]

Hi



1. Did you report your deportation from the UK on your WP application? If you didn't you are in deep trouble. Read up on misrepresentation

No i didn't when i file the application it asked do you have any visa refusal on last 5 years. so for the last 5 year I didn't

 

[scylla]

No i didn't when i file the application it asked do you have any visa refusal on last 5 years. so for the last 5 year I didn't

That's not what the work permit application asks. It asks if you have ever been refused.

 

[cangocan]

That's not what the work permit application asks. It asks if you have ever been refused.

No you are incorrect. and there is no called work permit application. it's a visa application. i carefully reviewed the application. nothing mentioned like that.

 

[scylla]

No you are incorrect. and there is no called work permit application. it's a visa application. i carefully reviewed the application. nothing mentioned like that.

OK - whatever you say. Sounds like you are the expert.

 

[scylla]

No you are incorrect. and there is no called work permit application. it's a visa application. i carefully reviewed the application. nothing mentioned like that.

This may be interesting to you. Or maybe not.

https://www.canada.ca/en/immigratio...5487-applying-work-permit-outside-canada.html

Question 2
Check the box to tell us if you have ever:

1. stayed beyond the validity of your status, attended school without authorization or worked without authorization in Canada.
2. been refused any kind of visa, admission or been ordered to leave Canada or any other country or territory.
3. applied to enter or stay in Canada.
4. If you checked “Yes” to one of the above questions, provide details.

 

[Copingwithlife]

No you are incorrect. and there is no called work permit application. it's a visa application. i carefully reviewed the application. nothing mentioned like that.

You might want to revisit your application

 

[canuck78]

Much better to contact IRCC and admit your misrepresentation. It the best way to try to avoid potential issues getting PR. Seeking legal counsel would also be a good idea. Very strange that your asylum claim and deportation in the UK was not caught by the system since you didn’t get a PFL. When did it happen? Have you changed names?

 

[cangocan]

Much better to contact IRCC and admit your misrepresentation. It the best way to try to avoid potential issues getting PR. Seeking legal counsel would also be a good idea. Very strange that your asylum claim and deportation in the UK was not caught by the system since you didn’t get a PFL. When did it happen? Have you changed names?

I haven't changed anything and i didn't hide anything intentionally. all my agent was ask me about the information last 5 year travel. it happened nearly 10 years ago. I have no issue to contact IRCC and explain if that would be undo the mistake my work permit application made. By the way what do you mean by PFL?

 

[scylla]

I haven't changed anything and i didn't hide anything intentionally. all my agent was ask me about the information last 5 year travel. it happened nearly 10 years ago. I have no issue to contact IRCC and explain if that would be undo the mistake my work permit application made. By the way what do you mean by PFL?

Your agent messed up and completed the application incorrectly (basically lied about your past). As said before, it was mandatory to mention the failed refugee claim and deportation in the application. This is a misrepresentation and a very serious one. IRCC will hold you responsible for the misrepresentation (not your agent).

It will be mandatory for you mention the failed refugee claim and deportation in your PR application. Whether you use a lawyer or not to help you with that application is entirely your call.

A PFL is a procedural fairness letter. IRCC sends this letter when they intent to deny an application and are providing the applicant with one last chance to argue why the application should not be refused. PFLs are typically sent in cases where there is misrepresentation in an application.

 

[canuck78]

I haven't changed anything and i didn't hide anything intentionally. all my agent was ask me about the information last 5 year travel. it happened nearly 10 years ago. I have no issue to contact IRCC and explain if that would be undo the mistake my work permit application made. By the way what do you mean by PFL?

Canada shares immigration information with the UK so your asylum claim and deportation should have automatically been found. Normally you would get a PFL if you hadn’t reported your asylum claim and deportation. IRCC always responds better if you notify them as soon as possible and apologize for the error (don’t just blame your consultant). I would suggest either meeting with a lawyer so they can draft a letter informing IRCC about the misrepresentation or write a letter yourself as ask a lawyer to review it and edit it