Is this misrepresentation?

[S.K]

One of my friend applied for a Visitor Visa in 2000 and got refused
She again applied for FSW class in 2003 and again got refused.
Now She applied in Family Class-Spouse and her case is in process at visa office.

When she applied for her FSW application, in Schedule 1 Background declaration, she mentioned Yes She had applied for Visitor Visa in 2000 and was refused, answering question 9 about previous applications.

Now in her present Family class application, she answered the same question 9 as Yes I had applied for FSW visa and was refused in 2003, but she did not mention about her visitor visa refusal in 2000.

She mentioned FSW refusal but did not Visitor visa...

Is this misrepresentation?

 

[Leon]

Yes, it is misrepresentation.

 

[rupeshhari]

Rupesh

I had seen a reply from you here but now deleted?

LOL, I wasn't sure about my reply so after a re-think i took it off. What I was saying earlier is that it is a misinterpretation but not as bad as one that mentions nothing. I could see them seeing this as an honest mistake. I would send them a mail to correct it if I was your friend. Thats what I would do, it doesn't mean it is the correct thing to do.

 

[aanbaan]

something I did was wrong, it seems....

Leon, you mentioned that declaring something wrongly over here is misrepresentation.

in the schedule 1 for me and my wife, under section "previously sought refugee status in Canada or applied for a Canadian immigrant or PR visa or visitor or temporary resident visa?" i marked "No".

whereas the fact is that I have been to Canada for a period of 9 months on temporary work visa and my wife on visitor visa for the same duration. probably, i read too fast and thought it was for ppl who applied for refugee status and ppl who have been refused in the past.

now, it looks like misrepresentation to me as well...

My application is full of instances quoted during my Canaa stay. I have also attached all my Canadian salary slips and the canada visa page with my schedule 3.

is there a chance, they will let me get away with this, where this definitely seems to be an honest mistake?

 

[rupeshhari]

why don't you send them a letter to correct it and quote that you had sent information with regard to your stay in Canada.

 

[Leon]

See, I don't think it's a big deal but CIC might see it differently. If it's an honest mistake, they may look past it but they might also give you problems about it.

 

[aanbaan]

so, what do you suggest, Leon?

should I ignore it now hoping that IO will not notice or treat it as an honest mistake? or as suggested by Rupesh, I should send frsh copies of Schedule 1 with a letter of explanation?

in option 2, there is a possibility that they would have not noticed and I bring it to their notice.

 

[Leon]

I would correct it. They will probably see it anyway and wonder why you didn't list it.

 

[aanbaan]

Thanks for the suggestion, Leon and Rupesh...

I'll print new copies of Schedule 1 for both - me and my wife with the correct information and also write an explanation letter mentioning that it was an unintended mistake.

 

[ainpfamily]

I would correct it. They will probably see it anyway and wonder why you didn't list it.

Hi,

Have just couriered the parents application for PGP.

Just saw that that we put "No" to the question 6

"Been refused PR Visa" as "NO"

They did applied for PR back in 2001 and got rejected.

------

Do you suggest to correct the form right now and send (Can't ask courier to stop) without file number

Or wait for file number to come and send updated form

Do you think this will be a major issue? They had super visa and we did declare in that application but missed in this sponsorship one.

Please suggest- thanks

 

[scylla]

Hi,

Have just couriered the parents application for PGP.

Just saw that that we put "No" to the question 6

"Been refused PR Visa" as "NO"

They did applied for PR back in 2001 and got rejected.

------

Do you suggest to correct the form right now and send (Can't ask courier to stop) without file number

Or wait for file number to come and send updated form

Do you think this will be a major issue? They had super visa and we did declare in that application but missed in this sponsorship one.

Please suggest- thanks

I would send the corrected form immediately - and then again when you have the file number to be sure CIC receives it.

Yes - this is a very big deal. It's misrepresentation and will result in the application being refused. It may also result in a 5 year ban from entering Canada.

 

[ainpfamily]

I would send the corrected form immediately - and then again when you have the file number to be sure CIC receives it.

Yes - this is a very big deal. It's misrepresentation and will result in the application being refused. It may also result in a 5 year ban from entering Canada.

Thanks for the response....

How will they be able to link the updated form with the application?

Also, should we send only one page or complete form? My parents are back home so they will have to sign the form again with that page updated....

do you think it will be too late to send once we have the file number?

best regards,

 

[maplezone]

Now, my question is that when does this apply ?

I mean for example if the principal applicant who is applying for FSW and once upon a time his parents applied for a visit/tourist visa to any xyz country for all the family and then, the visit/tourist visa was rejected when he was like 7-8 years old and was under his parents passport ( didn't even have his independent passport ) ... So he has to tick YES for this question in Schedule A form ? ?

 

[vedette]

Thanks for the response....

How will they be able to link the updated form with the application?

Also, should we send only one page or complete form? My parents are back home so they will have to sign the form again with that page updated....

do you think it will be too late to send once we have the file number?

best regards,

1. They use application no. to link the document with your file.

2. Please send complete Schedule A form along with a well written cover letter. Be honest while mentioning your mistake

3. Its never late. Its only late when you receive a letter from visa officer quoting your misinterpretation and you need a lawyer to defend your case.

 

[vedette]

Now, my question is that when does this apply ?

I mean for example if the principal applicant who is applying for FSW and once upon a time his parents applied for a visit/tourist visa to any xyz country for all the family and then, the visit/tourist visa was rejected when he was like 7-8 years old and was under his parents passport ( didn't even have his independent passport ) ... So he has to tick YES for this question in Schedule A form ? ?

Play safe. If you let them know. Avoid the things which can make your case difficult. Remember they have one of the best database in the world.