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Gabyor

Star Member
Mar 9, 2020
88
22
what time should I call IRCC? i tried many hours of the day, everytime i reach the end and choose select an agent, it just hang up at that very moment, so frustrating...
Hello, I called at 3pm gmt+1. Tried at least 3 times before finally getting through, waited 30min to talk to an agent. Good luck!
 
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legalfalcon

VIP Member
Sep 21, 2015
19,041
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 recently read a post in which people were heavily debating about RR and statutory questions, specifically about visa refusal and so on.. @legalfalcon or anybody else, for that matter: Which process is being used to verify that one applicant was refused a visa 15 years ago or last year from, let's say, the US, France, England, Germany or Nigeria? I can understand them verifying that a police certificate is authentic but visa refusal?? To the same token, do they contact banks to verify the banking info that was provided?
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 webform 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 what the visa was refused and which country it was for. If it is of any of the countries with which Canada shares info, then more info can be gathered to find if criminality, immigration fraud, HRV issues etc. was the reason. If the reason was just an administrative one, such as the via officer now being satisfied, then it will not have any impact.

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 what is listed above, it will not have an impact.
 

Brady_Bryant

Full Member
Nov 6, 2020
39
39
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 webform 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 what the visa was refused and which country it was for. If it is of any of the countries with which Canada shares info, then more info can be gathered to find if criminality, immigration fraud, HRV issues etc. was the reason. If the reason was just an administrative one, such as the via officer now being satisfied, then it will not have any impact.

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 what is listed above, it will not have an impact.
Thank you @legalfalcon
 
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Odeku55

Star Member
Jan 18, 2021
96
51
Nigeria
Category........
CEC
Visa Office......
CPC Ottawa
App. Filed.......
05-11-2020
AOR Received.
05-11-2020
Med's Done....
11-12-2020
mine changed back to submitted. I am still unable to access but I think it can be a system glitch.
Caught mine also, it's probably the 4th GU, usually happens after 85 days post aor....hope I'm right lol
 

Suryarao611

Hero Member
Sep 23, 2020
352
133
saw Application/profile updated but couldn't able to access the profile. Is this how GU will look like? I haven't received any email. After multiple attempts now it has changed back to submitted
 

Odeku55

Star Member
Jan 18, 2021
96
51
Nigeria
Category........
CEC
Visa Office......
CPC Ottawa
App. Filed.......
05-11-2020
AOR Received.
05-11-2020
Med's Done....
11-12-2020
saw Application/profile updated but couldn't able to access the profile. Is this how GU will look like? I haven't received any email. After multiple attempts now it has changed back to submitted
Same here, keeps changing. And those are ghost updates
 

Odeku55

Star Member
Jan 18, 2021
96
51
Nigeria
Category........
CEC
Visa Office......
CPC Ottawa
App. Filed.......
05-11-2020
AOR Received.
05-11-2020
Med's Done....
11-12-2020
May be some glitch in the system. I could see everyone has reported it. May be system glitch or IRCC has actually started processing CEC applicants at full capacity
Some applicants just got medical request