Forgot to mention previous visa refusal :( Please help

[Preetam@BD]

@legalfalcon can you please shed some light? Really confused at this point.

 

[legalfalcon]

@legalfalcon can you please shed some light? Really confused at this point.

Could you tag me in the port you are referring to or report the issue and tag me.

 

[Preetam@BD]

@legalfalcon hi,

can you help me with something?
I studied in Australia from 2013-2016. While I was in Australia my application for visa renewal was refused once. However I did apeal against the decision and won the case, later I was issued with the visa against the same file,case number and application id+date. Now technically it was not a refusal since they altered their decision right?
now I have not declared this in my application as I won the review and the visa denial decision was changed to visa grant decision. I already submitted my PR application for Canada and AOR is october 2020. My gcms says my eligibility is passed, criminality and info sharing is stuck in same place since february. Do you think I should inform them about this at this point? Or shall I wait? I am loooking forward to your reply.

@legalfalcon this one.

 

[legalfalcon]

@legalfalcon this one.

If you ever had a visa refusal, you should have declared it. Factually, there was a visa refusal that was overturned on appeal. The question IRCC asks is whether you have been refused a visa of any country, not the final decision of it after an appeal.

This is the same as if you have ver been charged. The question is not about conviction, but charge. Similarly, if you were refused a visa, then the answer is yes. Where you got one after appeal, or applied again and got it is irrelevant.

And when you answered yes, you should have just explained it.

If you have not done so, you should do it now via the webform to be on the safer side.

Here is no old post on this issue:

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

 

[Preetam@BD]

If you ever had a visa refusal, you should have declared it. Factually, there was a visa refusal that was overturned on appeal. The question IRCC asks is whether you have been refused a visa of any country, not the final decision of it after an appeal.

This is the same as if you have ver been charged. The question is not about conviction, but charge. Similarly, if you were refused a visa, then the answer is yes. Where you got one after appeal, or applied again and got it is irrelevant.

And when you answered yes, you should have just explained it.

If you have not done so, you should do it now via the webform to be on the safer side.

Here is no old post on this issue:

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 for your reply.I’ll immediately raise a webform.

 

[Preetam@BD]

But if you can raise webform by explaining same thing to ircc may not be a big deal. I also refused australia study visa and I didn't mention in my all applications but I informed them week ago. Now I got acknowledgement from ircc. Again take advice from @legalfalcon. Every case is different.

Hi Mate,

I just raised a webform explaining everything. Howlong does it take for them to send an acknowledgement? do they ask for Schedule A in PR profile portal? if yes how long does it take?

 

[Mpmp]

Hi Mate,

I just raised a webform explaining everything. Howlong does it take for them to send an acknowledgement? do they ask for Schedule A in PR profile portal? if yes how long does it take?

What my lawyer did?

He provided 5669 background form again with corrections. But its fine if you inform about your refusal first, they will ask you if they needed updated version of form. And it takes us one week from them.

 

[Mpmp]

@Preetam@BD I got acknowledgement of second webform today which we raised last week. These days they are giving very fast responses.

 

[Mpmp]

@legalfalcon if we got acknowledgement from Ircc after corrections. So we will be safe? Do we get PFL after acknowledgement?

 

[Preetam@BD]

What my lawyer did?

He provided 5669 background form again with corrections. But its fine if you inform about your refusal first, they will ask you if they needed updated version of form. And it takes us one week from them.

So your lawyer provided the 5669 form before CIC asked for it right?

 

[Mpmp]

So your lawyer provided the 5669 form before CIC asked for it right?

Yes

 

[Nustinism]

Hi guys!
I forgot to disclose my previous visa refusal with the confusion of visa denial and visa refusal, but im planning to disclose it on another work permit application with letter of explanation, would that be okay?

 

[Nustinism]

Hi guys!
I forgot to disclose my previous visa refusal with the confusion of visa denial and visa refusal, but im planning to disclose it on another work permit application with letter of explanation, would that be okay?

I applied a work permit from Singapore and got approved. I applied again when i was here in Canada and got approved but those applications, I forgot to disclose my US visa refusal. Again, I want to apply and these time I want to dosclose it with letter of explanations, would that be okay?

 

[Mpmp]

Simply disclose the refusal.

 

[Nustinism]

Simply disclose the refusal.

Will it affect my pr application in the future?