+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

Forgot to mention previous visa refusal :( Please help

legalfalcon

VIP Member
Sep 21, 2015
19,040
9,897
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
@ishanarorase @legalfalcon any idea on timeline when does the attachment or information shared thru webform are being added to application? I have received generic response after submitting a webform but it does not say that information is added to original application. Kindly suggest.
3-6 weeks, it will be added, may take longer for reviewing it and taking an action on it.
 

ishanarorase

Star Member
Oct 15, 2021
164
27
36
MONTRÉAL
Category........
FSW
Visa Office......
Ottawa
NOC Code......
2173
Job Offer........
Yes
@ishanarorase Thank you for your response. Do you idea about timeline, within how many days we the IRCC attaches the updated form that we share using webform it to our application?
It took 4 days for me to get it attached to the file and another 15 days for visa officer to see my webform.
 

ishanarorase

Star Member
Oct 15, 2021
164
27
36
MONTRÉAL
Category........
FSW
Visa Office......
Ottawa
NOC Code......
2173
Job Offer........
Yes
Oh okay; just wait for their response. I think you will be fine.
@Mpmp I called the ircc , they told me that my visa officer has seen my webform and left a note in the application " I have recieved the updated 1295e form ".
 

Feelings92

Star Member
Jun 23, 2016
148
3
@legalfalcon, I am in a similar situation. My UK visit visa was refused a couple of years ago. I am already in Canada and received the AOR on July 5, 2018. I got my student visa and PGWP without mentioning the UK's visa refusal. So I didn't mention it in the PR application either. I feel like raising a CSE will further complicate things. What would be the right course of action? Should I just let me be or raise a CSE?
Hey this post is old but I even have made same mistake in every form . Can you let me know what happened and how you can proceed with this ? Thanks in advance
 

Feelings92

Star Member
Jun 23, 2016
148
3
@All forgot mentioned about visa refusal when submitting the : Pls go ahead and mention it, I forgot mine but out of blue after 1.5 months of AOR, I suddenly remembered it and used webform to inform CIC. I didn't mention the reason for getting the refusal (seriously, USA never tells), but Im PR now. SO DONT FRET AND INFORM CIC :D.
P.S: I did not get asked any ADRs as well
Cheers from a snowing day in Toronto
Hey do you mind sharing that letter without any period details like how exactly you mentioned them refusal without any reason ?
 

legalfalcon

VIP Member
Sep 21, 2015
19,040
9,897
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 need your input on this

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 web form 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 why the visa was refused. If it was refused for criminality, immigration fraud, HRV issues etc. then you will have to look into criminal inadmissibility and security inadmissibility issues. If the reason was just an administrative one, such as the via officer not being satisfied, then it will not have any impact as long as you have disclosed it.

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 for what is listed above, it will not have an impact, provided you disclose it.
 

Feelings92

Star Member
Jun 23, 2016
148
3
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


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 web form 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 why the visa was refused. If it was refused for criminality, immigration fraud, HRV issues etc. then you will have to look into criminal inadmissibility and security inadmissibility issues. If the reason was just an administrative one, such as the via officer not being satisfied, then it will not have any impact as long as you have disclosed it.

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 for what is listed above, it will not have an impact, provided you disclose it.
I understand your point now how can I raise webform ? I haven’t received PR application number yet .
Can I send new form again with explanation with TRV application number ? It’s already approved. Should I disclose them that why i didn’t put refusals in any of my forms for all applications before ? If yes any idea how can I right that LOE for that?
i even think so it’s useless to send webform for tr to pr application until I receive AOR?
 

legalfalcon

VIP Member
Sep 21, 2015
19,040
9,897
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
I understand your point now how can I raise webform ? I haven’t received PR application number yet .
Can I send new form again with explanation with TRV application number ? It’s already approved. Should I disclose them that why i didn’t put refusals in any of my forms for all applications before ? If yes any idea how can I right that LOE for that?
i even think so it’s useless to send webform for tr to pr application until I receive AOR?
If you do not have a PR file number, you have to until you have one. IF your TRV was approved, the file is closed and no further changes can be made to it.
 

Feelings92

Star Member
Jun 23, 2016
148
3
Hi @legalfalcon , would appreciate if you can give us some advice - My wife has already been granted a study permit and is already in Canada now. Today, we realized that she answered one of the forms incorrectly and forgot to mention her previous US tourist visa refusal in 2010 since it was a long time ago already. We checked the forms that were submitted to IRCC and found out that she answered "NO" to the question asking whether she has been refused a visa or permit, denied entry or ordered to leave Canada or any other country or territory. In this case, should she inform IRCC of this error or should she just declare this mistake when she applies for PGWP? We're worried that this oversight will cost her study permit and her chances of getting a PGWP and PR. Would really appreciate it if you can help us on this matter. thank you!
Hey did you send them Webform ? I am even in same boat want to know your updates .
Thanks
 

Feelings92

Star Member
Jun 23, 2016
148
3
If you do not have a PR file number, you have to until you have one. IF your TRV was approved, the file is closed and no further changes can be made to it.
Thank you I will wait for it. But I hope they don’t send me direct refusal before chance for me to explain . Should I still send webform just in case I have proof that my intentions were right .