Preliminary Refusal for a study Permit

[The happy face]

Hello all,
I hope you are doing fine, after 4 month of application submittal srudy permit, a preliminary Refusal letter was sent to me today, the letter was written in a hostile tone. building assumption that I have lied in my application and that the officer suspect of some criminal charges that I didnot disclose, I am really upset about this since they didnot specify they just built an assumption without any proof whatsoever, I have been a a hard working professional Engineer for the past 17 years and I have ever had any incident.

"" Specifically, I have concerns that you have failed to disclose criminal charges in your application form""
which you have provided in support of your application.

" "Please note that if it is found that you have engaged in misrepresentation in submitting your application, you
may be found to be inadmissible under section 40(1)(a) of the IRPA. A finding of such inadmissibility would
render you inadmissible to Canada for a period of five years.

Can someone advice please.
Best Reagrds and thank you all for your inputs.

 

[Rafaelhag43]

This is officially called a Procedural Fairness Letter (PFL). Most of the times IRCC has solid evidence for their accusation. Did you actually failed to disclose any criminal charges ?

It's advisable to get in touch with a certified Canadian immigration lawyer to ask for their advice and send a solid response to avoid being banned for 5 years.

 

[wonderbly]

Hello all,
I hope you are doing fine, after 4 month of application submittal srudy permit, a preliminary Refusal letter was sent to me today, the letter was written in a hostile tone. building assumption that I have lied in my application and that the officer suspect of some criminal charges that I didnot disclose, I am really upset about this since they didnot specify they just built an assumption without any proof whatsoever, I have been a a hard working professional Engineer for the past 17 years and I have ever had any incident.

"" Specifically, I have concerns that you have failed to disclose criminal charges in your application form""
which you have provided in support of your application.

" "Please note that if it is found that you have engaged in misrepresentation in submitting your application, you
may be found to be inadmissible under section 40(1)(a) of the IRPA. A finding of such inadmissibility would
render you inadmissible to Canada for a period of five years.

Can someone advice please.
Best Reagrds and thank you all for your inputs.

Firstly, the answer to these questions are very important: Did you apply by yourself or through an agent? Did you submit all your applications and documents yourself?

If you answered YES to both questions and you are absolutely sure you have no criminal records, you can simply respond to them and say you are sure you have no criminal past, and if they think you do, they can bring on the evidence.

If you answered NO, you might be in some really big sh*t. IRCC doesn't make claims like this lightly. Either some horrible mistake happened or some wrong docs have been uploaded on your application.

 

[Naturgrl]

Hello all,
I hope you are doing fine, after 4 month of application submittal srudy permit, a preliminary Refusal letter was sent to me today, the letter was written in a hostile tone. building assumption that I have lied in my application and that the officer suspect of some criminal charges that I didnot disclose, I am really upset about this since they didnot specify they just built an assumption without any proof whatsoever, I have been a a hard working professional Engineer for the past 17 years and I have ever had any incident.

"" Specifically, I have concerns that you have failed to disclose criminal charges in your application form""
which you have provided in support of your application.

" "Please note that if it is found that you have engaged in misrepresentation in submitting your application, you
may be found to be inadmissible under section 40(1)(a) of the IRPA. A finding of such inadmissibility would
render you inadmissible to Canada for a period of five years.

Can someone advice please.
Best Reagrds and thank you all for your inputs.

That is not a preliminary refusal that is a PFL with a 5 year ban. What did you lie about? Do you have or have had criminal charges against you?

 

[wonderbly]

Hello all,
I hope you are doing fine, after 4 month of application submittal srudy permit, a preliminary Refusal letter was sent to me today, the letter was written in a hostile tone. building assumption that I have lied in my application and that the officer suspect of some criminal charges that I didnot disclose, I am really upset about this since they didnot specify they just built an assumption without any proof whatsoever, I have been a a hard working professional Engineer for the past 17 years and I have ever had any incident.

"" Specifically, I have concerns that you have failed to disclose criminal charges in your application form""
which you have provided in support of your application.

" "Please note that if it is found that you have engaged in misrepresentation in submitting your application, you
may be found to be inadmissible under section 40(1)(a) of the IRPA. A finding of such inadmissibility would
render you inadmissible to Canada for a period of five years.

Can someone advice please.
Best Reagrds and thank you all for your inputs.

Also, the perceived hostile tone is the least of your worries. The Procedural Fairness Letter is IRCC giving you a "courtesy call", an opportunity for you to come clean before you get banned for 5 years. They are not telling you what exactly they have discovered because they want you to come forward yourself.

 

[The happy face]

Thank you all for your reply, the application was not filled up by me it was filled up by a third party who I hired for the application process, then after the office refused to give me my gc key account I had a big disagreement with

That is not a preliminary refusal that is a PFL with a 5 year ban. What did you lie about? Do you have or have had criminal charges against you?

Hello,

For the past 17 years I had no incident since I was working in ksa as an electrical engineer, however during my college days in the USA I had an incident with my x girlfriend but that was in 2003 and since that time I have left the USA never came back after graduation, and the issue is closed..
Can someone advice please.. Is it the reason the office who filled my application told me it is not important since the issue happened almost 20 years ago.
Can you advice please..

 

[The happy face]

Firstly, the answer to these questions are very important: Did you apply by yourself or through an agent? Did you submit all your applications and documents yourself?

If you answered YES to both questions and you are absolutely sure you have no criminal records, you can simply respond to them and say you are sure you have no criminal past, and if they think you do, they can bring on the evidence.

If you answered NO, you might be in some really big sh*t. IRCC doesn't make claims like this lightly. Either some horrible mistake happened or some wrong docs have been uploaded on your application.

The application was filled by an agent who I provided all the documents that she requested, I have no criminal record in my country or in the countries that I have worked with for the past 17 years, I had an incident 20 years while I was in college with my x girl friend that's all...

 

[scylla]

Thank you all for your reply, the application was not filled up by me it was filled up by a third party who I hired for the application process, then after the office refused to give me my gc key account I had a big disagreement with

Hello,

For the past 17 years I had no incident since I was working in ksa as an electrical engineer, however during my college days in the USA I had an incident with my x girlfriend but that was in 2003 and since that time I have left the USA never came back after graduation, and the issue is closed..
Can someone advice please.. Is it the reason the office who filled my application told me it is not important since the issue happened almost 20 years ago.
Can you advice please..

You were required to disclose this in your application. This is why you have received the PFL. The PFL is an intent to deny your application and potentially issue a 5 year misrepresentation ban for effectively lying in your application.

 

[Naturgrl]

Thank you all for your reply, the application was not filled up by me it was filled up by a third party who I hired for the application process, then after the office refused to give me my gc key account I had a big disagreement with

Hello,

For the past 17 years I had no incident since I was working in ksa as an electrical engineer, however during my college days in the USA I had an incident with my x girlfriend but that was in 2003 and since that time I have left the USA never came back after graduation, and the issue is closed..
Can someone advice please.. Is it the reason the office who filled my application told me it is not important since the issue happened almost 17 years ago.
Can you advice please..

So someone else filled it out on your behalf and you signed it taking responsibility. So you were charged in the US and you said that NO on your application? What was this “incident”? The US and Canada share all information. You will want a Canadian lawyer to draft a letter and state the charges against you. The PFL is a chance for you to explain but rarely overturned as the officers were correct in their assessment and decision. Plan for a 5 year ban.

 

[The happy face]

So someone else filled it out on your behalf and you signed it taking responsibility. So you were charged in the US and you said that NO on your application? What was this “incident”? The US and Canada share all information. You will want a Canadian lawyer to draft a letter and state the charges against you. The PFL is a chance for you to explain but rarely overturned as the officers were correct in their assessment and decision. Plan for a 5 year ban.

What if I send them a letter explaining to them that this incident happened very long time ago and since then I have done well in my personal life and career and that was an unintentional error behind my side when I filled the application.
I am really sad and disappointed I have put high hopes on this

 

[wonderbly]

The application was filled by an agent who I provided all the documents that she requested, I have no criminal record in my country or in the countries that I have worked with for the past 17 years, I had an incident 20 years while I was in college with my x girl friend that's all...

Unfortunately you have screwed things up for yourself. The questionnaire is clear:

3 a) Have you ever committed, been arrested for, or been charged with or convicted of any criminal offence in any country or territory?

As you can see, there is no statutory limit attached. You should have declared this, and because you failed to do so, you likely have earned a 5 year ban. As I suspected,there's an Agent/Consultant involved who misled.

 

[wonderbly]

What if I send them a letter explaining to them that this incident happened very long time ago and since then I have done well in my personal life and career and that was an unintentional error behind my side when I filled the application.
I am really sad and disappointed I have put high hopes on this

You said issue was closed. What was the nature of the issue? Were you arrested? Charged?

 

[scylla]

What if I send them a letter explaining to them that this incident happened very long time ago and since then I have done well in my personal life and career and that was an unintentional error behind my side when I filled the application.
I am really sad and disappointed I have put high hopes on this

You need to explain why you didn't answer the question truthfully and omitted this information from the application.

 

[Naturgrl]

What if I send them a letter explaining to them that this incident happened very long time ago and since then I have done well in my personal life and career and that was an unintentional error behind my side when I filled the application.
I am really sad and disappointed I have put high hopes on this

The issue is that you lied on your application. It clearly states that if you lie you can be banned from Canada. You have to be always honest and declare even if it was year’s ago. Also you can’t claim your ”consultant did it” because you sign the forms declaring that you everything submitted was truthful. You need to explain why. However even if cleared it and you don’t get a 5 year ban, it doesn’t mean you get a study permit.

 

[The happy face]

So someone else filled it out on your behalf and you signed it taking responsibility. So you were charged in the US and you said that NO on your application? What was this “incident”? The US and Canada share all information. You will want a Canadian lawyer to draft a letter and state the charges against you. The PFL is a chance for you to explain but rarely overturned as the officers were correct in their assessment and decision. Plan for a 5 year ban.

It was in 2003 in the USA a domestic violence assault, but the case was closed 19 years ago, so what is the best approach to the Ircc letter, should I reply them in a letter explaining to them the incident? , I really don't want the 5 years ban. Kindly advice, I feel it is unfair that the the CIC judge people based on old mistakes we are all humans we all make mistakes in our life's and we learn from them, for the past 18 years I was able to built my career and never been in any sort of trouble after that incident, when we are young and stupid mistakes happens...