Is there misrepresentation risk? Can GCMS notes help me find out?

[theinterpreter946]

Hi, everybody, I hope you all are doing well amidst this pandemic.

There is something that I noticed now while pouring through old documents in my computer.

I started an application with an immigration consultant in early 2018 for PR through the FSW program. In september 2018 I also decided that I wanted to visit Canada as a tourist, so I worked with the same consultant as a representative to apply for a Temporary Resident Visa. Unfortunately my application for TRV in november 2018 was rejected and I received the rejection letter through my consultant. My PR application was still ongoing at that time and did not receive an invitation to apply (ITA) until mid 2019. My PR application was approved this year 2020, received my PR Visa and COPR. I was excited, but this pandemic left me stranded in my home country and have to wait for the AL.

Just recently I read my COPR more carefully I noticed the following under the section "APPLICATION DETAILS":

Conditions:

00: None

"Charged/convicted of a crime or offence in any country, refused admission to Canada or required to leave Canada?"

After those lines nothing else shows and the next line just moves on to the next section "MEDICAL DETAILS"

My concerns are the following:

1. By "refused admission to Canada", does it mean having a past visa application rejected or does it mean being turned away at a border or Port of Entry?

I had never been to Canada, let alone tried to travel there: However, I had this aforementioned TRV visa rejection, which leads me to concern #2:

2. Is there a possibility that my consultant could have failed to report that rejected TRV visa application in my PR application (which was eventually successful)?

Bear in mind that both the TRV and the PR application were sent with the same UCI number, using the same representative.

3. Does my consultant had the obligation to disclose the rejected TRV while we in the middle of the application?

As far as I can remember, at the time, I had only sent my WES verfication of my degree and my IELTS scores. Both applications were under the same UCI number,

3. Is there a possibility that the Immigration Officers could not have noticed that TRV rejection while processing my PR application when both were under the same UCI number?

4. Can requesting GCMS notes help me make sure that my consultant reported my rejected TRV and whether the Immigration Officers were aware of that TRV rejection while processing the PR application?

5. If the answers to questions #2 and #3 were true, does it mean that there is a misrepresentation?

6. What could I do in that case?


Best regards and hope you all are safe

 

[primaprime]

You're on the hook for misrepresentation, even if it's your consultant's fault, but it's not clear what your concern is. Your PR application was approved; if they thought you committed misrepresentation, they wouldn't have done that.

You can certainly request your GCMS notes, but if you want to know exactly what your consultant did on your behalf, you should ask them and to see the forms they submitted.

 

[MelJohn]

You weren't refused admission to canada. From my understanding, you were refused for the visa. If you had the visa then you went to canada and was refused at the border then you could say yes to that question. I could be wrong but that's what I think it means.

 

[theinterpreter946]

You're on the hook for misrepresentation, even if it's your consultant's fault, but it's not clear what your concern is. Your PR application was approved; if they thought you committed misrepresentation, they wouldn't have done that.

You can certainly request your GCMS notes, but if you want to know exactly what your consultant did on your behalf, you should ask them and to see the forms they submitted.

My questions are:

Was my consultant supposed to disclose the rejected TRV that happened while the PR was ongoing?

Is there a possibility that the officers could have overlooked that TRV rejection while processing the PR application (Both applications had the same UCI number)?

 

[bluffmaster88]

My questions are:

Was my consultant supposed to disclose the rejected TRV that happened while the PR was ongoing?

Is there a possibility that the officers could have overlooked that TRV rejection while processing the PR application (Both applications had the same UCI number)?

It is not the consultant's obligation to update the application by themselves. The onus is on you to update the info.

The chances to overlook a misrepresentation is very low. However, the best way to know is to order GCMS notes.

 

[primaprime]

You weren't refused admission to canada. From my understanding, you were refused for the visa. If you had the visa then you went to canada and was refused at the border then you could say yes to that question. I could be wrong but that's what I think it means.

I would also agree that a refused TRV application is not the same thing as being refused admission to Canada at a POE, which is what that question is asking about.

 

[MelJohn]

I would also agree that a refused TRV application is not the same thing as being refused admission to Canada at a POE, which is what that question is asking about.

Ok. If you want, you can still order gcms to get some more clarity. Hope it goes well for you

 

[theinterpreter946]

It is not the consultant's obligation to update the application by themselves. The onus is on you to update the info.

The chances to overlook a misrepresentation is very low. However, the best way to know is to order GCMS notes.

Since I received the PR visa, does it mean that most likely I am clean and they were aware of the rejected TRV? If they noticed something that did not add up, I would have received a warning or procedural fairness letter, right?

I received the TRV rejection letter through my consultant. At the time I did not appeal the TRV rejection or asked my consultant to reapply for TRV. I just asked my consultant to continue with the PR application which was still in process.

 

[Alwayssuccessful!]

My questions are:

Was my consultant supposed to disclose the rejected TRV that happened while the PR was ongoing?

Is there a possibility that the officers could have overlooked that TRV rejection while processing the PR application (Both applications had the same UCI number)?

answer is yes. There is a positive obligation to report that refusal

 

[Alwayssuccessful!]

You weren't refused admission to canada. From my understanding, you were refused for the visa. If you had the visa then you went to canada and was refused at the border then you could say yes to that question. I could be wrong but that's what I think it means.

No, for your information, there is no distinction between visa refusal and refusal to enter Canada. You are obliged to disclosed both. It is important to go through the forms and documents before you sign it. Make sure every single detail submitted by your consultant is correct. You bear the brunt, not them for their mistakes.

 

[Alwayssuccessful!]

Since I received the PR visa, does it mean that most likely I am clean and they were aware of the rejected TRV? If they noticed something that did not add up, I would have received a warning or procedural fairness letter, right?

I received the TRV rejection letter through my consultant. At the time I did not appeal the TRV rejection or asked my consultant to reapply for TRV. I just asked my consultant to continue with the PR application which was still in process.

They most likely saw your previous visa refusal but thought it was insufficient to deny a PR application. Several reasons may have played on in the visa officer's head before they decided not to take it up against you.

 

[bluffmaster88]

Since I received the PR visa, does it mean that most likely I am clean and they were aware of the rejected TRV? If they noticed something that did not add up, I would have received a warning or procedural fairness letter, right?

I received the TRV rejection letter through my consultant. At the time I did not appeal the TRV rejection or asked my consultant to reapply for TRV. I just asked my consultant to continue with the PR application which was still in process.

Yes, most likely they would have reviewed your TRV rejection and you should be good.

Most consultants would not update our file unless we specifically ask them to.

 

[theinterpreter946]

answer is yes. There is a positive obligation to report that refusal

Due to the pandemic, I was not able to land in Canada so I reported that I was stranded in my home country due to the ban on international air travel. Just a few weeks ago, when the ban on international travel in my country was lifted, I applied for a COPR extension through the same consultant. If IRCC did overlook that rejected TRV during my original PR application , can they find out about it during the processing of my COPR extension application? Should I report it now?

They most likely saw your previous visa refusal but thought it was insufficient to deny a PR application. Several reasons may have played on in the visa officer's head before they decided not to take it up against you.

If left unreported, can this TRV rejection still be a liability if I eventually apply for citizenship?

 

[theinterpreter946]

They most likely saw your previous visa refusal but thought it was insufficient to deny a PR application. Several reasons may have played on in the visa officer's head before they decided not to take it up against you.

I applied for that TRV while I was applying for PR. I had uploaded my WES verification and IELTS score BEFORE applying for that TRV. I didn't receive an ITA yet at the time since I did not have enough points.

 

[primaprime]

If left unreported, can this TRV rejection still be a liability if I eventually apply for citizenship?

I highly doubt it.