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************December 2020****************AoR Join here

readytoleave

Full Member
Mar 22, 2021
34
11
Wrong.

Very first page-Updated date.
Thank you. Well my last update was February 18, 2021. Aor Dec 2020. Ordered notes in April and got it within 30 days.
Eligibility passed. Criminality recommended pass. Info sharing in progress and security not started.
Primary office Ottawa

Fsw outland
 

MorneLom

Full Member
Aug 20, 2020
36
20
On my notes the last time my profile was worked on was 4 February, but on the first page of GCMS notes it shows 7 July 2021. FYI I requested GCMS notes on 27 July. Can't see that they did anything else. Only security left.
 

Alliances007

Newbie
Sep 7, 2021
4
4
@legalfalcon and others, kindly advise on the below 2 queries here:

AOR Dec-2020 CEC with inland dependents
1. I have PR application in progress (here I am prime applicant), and my inland dependents planning to travel back to home country for couple of months. Though prime applicant still in Canada; Do I need to inform IRCC for this change of location for inland dependents ?
2. Also, my Inland dependents have there visa stamping application in progress (filed online while they are in Canada). So they being prime applicant on those, do they need to inform IRCC for the change of location ?
 
Last edited:

Thunderboy007

Full Member
Dec 3, 2020
31
16
Hello @legalfalcon ....G'day!

I am looking for some help and hoping you would be kind enough to share your valuable insights. My query is on 'Previous VISA refusal' and possible 'Misrepresentation'.

I am Dec 2020 AOR - FSW O Applicant. As per my last GCMS status, my eligibility is passed, while Criminality and Security are pending as of Aug 2021.

My spouse was on a work visa in the USA for almost 6 years. Her employer had applied for work permit extension application which was denied by USCIS. And I think while applying for PR, we did not declare this as visa refusal. So, here are my doubts:

1. Does this whole scenario count as visa refusal? As visa is not refused per se to be honest.
2. What shall we tell IRCC? Yes to previous visa refusal or no?
3. Which part of PR application review process cover this aspect?
4. Since eligibility is passed, should it be notified?

Please provide your thoughts and ideas on what should do I next? Thank you in advance.
 

LayinLow

Hero Member
Mar 16, 2021
399
387
Hello @legalfalcon ....G'day!

I am looking for some help and hoping you would be kind enough to share your valuable insights. My query is on 'Previous VISA refusal' and possible 'Misrepresentation'.

I am Dec 2020 AOR - FSW O Applicant. As per my last GCMS status, my eligibility is passed, while Criminality and Security are pending as of Aug 2021.

My spouse was on a work visa in the USA for almost 6 years. Her employer had applied for work permit extension application which was denied by USCIS. And I think while applying for PR, we did not declare this as visa refusal. So, here are my doubts:

1. Does this whole scenario count as visa refusal? As visa is not refused per se to be honest.
2. What shall we tell IRCC? Yes to previous visa refusal or no?
3. Which part of PR application review process cover this aspect?
4. Since eligibility is passed, should it be notified?

Please provide your thoughts and ideas on what should do I next? Thank you in advance.
It should not be a problem as eligibility is already passed.. still if u r tensed about it you can always send a web form explaining to them that you forgot to mention that your visa extension was unsuccessful and make it clear that you did not know that it came under visa refusal
 
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legalfalcon

VIP Member
Sep 21, 2015
19,030
9,888
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
@legalfalcon and others, kindly advise on the below 2 queries here:

AOR Dec-2020 CEC with inland dependents
1. I have PR application in progress (here I am prime applicant), and my inland dependents planning to travel back to home country for couple of months. Though prime applicant still in Canada; Do I need to inform IRCC for this change of location for inland dependents ?
2. Also, my Inland dependents have there visa stamping application in progress (filed online while they are in Canada). So they being prime applicant on those, do they need to inform IRCC for the change of location ?

1. If the visit is only for a short duration, there is no need to inform.

2. Are you referring to a temporary visa?
 

legalfalcon

VIP Member
Sep 21, 2015
19,030
9,888
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
Hello @legalfalcon ....G'day!

I am looking for some help and hoping you would be kind enough to share your valuable insights. My query is on 'Previous VISA refusal' and possible 'Misrepresentation'.

I am Dec 2020 AOR - FSW O Applicant. As per my last GCMS status, my eligibility is passed, while Criminality and Security are pending as of Aug 2021.

My spouse was on a work visa in the USA for almost 6 years. Her employer had applied for work permit extension application which was denied by USCIS. And I think while applying for PR, we did not declare this as visa refusal. So, here are my doubts:

1. Does this whole scenario count as visa refusal? As visa is not refused per se to be honest.
2. What shall we tell IRCC? Yes to previous visa refusal or no?
3. Which part of PR application review process cover this aspect?
4. Since eligibility is passed, should it be notified?

Please provide your thoughts and ideas on what should do I next? Thank you in advance.
1. If a visa application was refused by any country, it is a refusal and has to be informed to IRCC. Now the refusal can be for many reasons. Incomplete application, refusal to submit additional evidence etc. Irrespective of what the reasons was, you should disclose.

2. To be on the safe you should answer yes, and inform IRCC.

3. There is no specific part. It is the entire application. What you need to understand is that even if an application is approved and PR granted, the PR status can be revoked it comes to the knowledge that you were not truthful on your application. If you are asking which stage it visa refusals matter, they usually matter during criminality, security and info sharing.

4. Yes, ABSOLUTELY. Eligibility has nothing to do with it. Eligibility only refers to you meeting the requirements of the program under which you applied.

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>

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 why you omitted the information has to be provided.

The law is clear, while applications for different types of status engage different considerations, it does not necessarily flow that statements made in temporary residence applications cannot affect subsequent permanent residence applications (or vice versa). In Suri v. Canada, the court found that the Officer’s concerns vis-à-vis the contradictions between the Applicants’ temporary and permanent applications were reasonable and based on that the applicant's misrepresentation ban was upheld.

Federal courts have ruled on this numerous times.

Read - Suri v. Canada available at http://canlii.ca/t/grvwt
 

Newzed

Newbie
Apr 27, 2017
9
0
Hi everyone!
Have applied for express entry with AOR December 2, 2020. Passed my medicals in Jan 2021.
Have not really heard from cic until today, when I received a Confirmation Portal email, stating my PR application was approved, asking for information to create the portal user and upload photo and address.
If I go on my cic account, though, I still see my PR application over there as 'Submitted' with no real update, after the January 2021 medicals passed.
Isn't this strange? Anyone else experiencing something similar?
Thanks a lot!
 

Alliances007

Newbie
Sep 7, 2021
4
4
1. If the visit is only for a short duration, there is no need to inform.

@legalfalcon , they may be back by next year Apr/May 2022, and hopefully I may receive application approval

2. Are you referring to a temporary visa?
@legalfalcon , here is the information, kindly advise on below::

1. They may be back by next year Apr/May 2022, and hopefully I may receive application approval by then

2. My spouse and children has WP/SP and have submitted request for temporary visa stamping for which they are prime applicant
 
Last edited:

shervinkh

Full Member
Oct 20, 2020
22
20
Hi everyone!
Have applied for express entry with AOR December 2, 2020. Passed my medicals in Jan 2021.
Have not really heard from cic until today, when I received a Confirmation Portal email, stating my PR application was approved, asking for information to create the portal user and upload photo and address.
If I go on my cic account, though, I still see my PR application over there as 'Submitted' with no real update, after the January 2021 medicals passed.
Isn't this strange? Anyone else experiencing something similar?
Thanks a lot!
I think that's normal. Were you CEC or FSW?
 

Thunderboy007

Full Member
Dec 3, 2020
31
16
1. If a visa application was refused by any country, it is a refusal and has to be informed to IRCC. Now the refusal can be for many reasons. Incomplete application, refusal to submit additional evidence etc. Irrespective of what the reasons was, you should disclose.

2. To be on the safe you should answer yes, and inform IRCC.

3. There is no specific part. It is the entire application. What you need to understand is that even if an application is approved and PR granted, the PR status can be revoked it comes to the knowledge that you were not truthful on your application. If you are asking which stage it visa refusals matter, they usually matter during criminality, security and info sharing.

4. Yes, ABSOLUTELY. Eligibility has nothing to do with it. Eligibility only refers to you meeting the requirements of the program under which you applied.

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>

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 why you omitted the information has to be provided.

The law is clear, while applications for different types of status engage different considerations, it does not necessarily flow that statements made in temporary residence applications cannot affect subsequent permanent residence applications (or vice versa). In Suri v. Canada, the court found that the Officer’s concerns vis-à-vis the contradictions between the Applicants’ temporary and permanent applications were reasonable and based on that the applicant's misrepresentation ban was upheld.

Federal courts have ruled on this numerous times.

Read - Suri v. Canada available at http://canlii.ca/t/grvwt
Thank you @legalfalcon for the detailed answer. This helped me clear my doubts. Always appreciate you providing valuable help and guidance.
 
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AM2CAD

Full Member
Oct 9, 2020
26
8
India
Category........
FSW
Visa Office......
VANCOUVER
NOC Code......
2173
AOR Received.
10-12-2020
Passport Req..
02-06-2022
Hello everyone, @legalfalcon
My FSWO file came to NDVO in Jan 21 (AOR- 10 Dec 2020). I renewed my expiring passport and sent updated passport by webform to NDVO 2 months back. But I didn't receive any response or confirmation from NDVO. Should I send the updated passport again on IRCC webform? Or it will be better to wait?.
Pls advise.
Thanks.