They aren't judging you on your past mistake, they are judging you because you/third party failed to disclose that you were charged which casts you being dishonest in declaring the truth.
Preliminary Refusal for a study Permit
- Thread starter The happy face
- Start date
it is not about you making a mistake in the past, it is about making a mistake now by not disclosing the mistake you made in past.
IRCC isn't judging you. You caused this by hiding your past record. If you had honestly declared it, it would be no issue since the case was resolved and closed. You have to respond to the PFL, but I don't know what explanation you can give to avoid a ban. The question was clear but you willfully lied because your Agent advised you to. You need to be consulting a proper immigration lawyer, no further advice from this forum will help.
Nothing is unfair. You lied in your application. IRCC isn't judging you for an "old mistake". IRCC is planning to refuse your application and ban you because you lied in your application and tried to hide a criminal charge / conviction.
- You need to respond to the letter within the stated timelines.
- You need to confirm that you have a past criminal charge and provide the full details of the change and conviction (if applicable). You'll want to provide the related police / court documents if you can.
- You need to explain why you answered this question untruthfully in your application.
- Hire a Canadian lawyer if you feel uncomfortable responding responding to the letter yourself
Good luck.
''should I reply them in a letter explaining to them the incident?'' maybe you lost your chances at the exact moment your answer was ''no'' . At least USA immigration process when you answer a similar question like that with an ''yes'', they open up a blank box in order for you to give your explanation. I don't know if the same goes for Canada.
The mistake they are judging you about is not exactly of what you did in your past, not dear, let me tell you it is not about that closed case, really? haven't you know or are you just playing dead here? They did this because you made a mistake, it is clear, but let me tell you a thing, your mistake is not exactly the one you are thinking about, your mistake was in the present, and was this: you hide an existing information (just because it was in the past or it is actually a ''closed case'', does not mean it did not exist, it did exist obviously, and you responded as if didn't (That is really why they sent you that message) they assumed you lied, well, honestly, it was not an assumption, they know you lied. And this is something that they do not forgive.
Good luck, kindly my suggestion is to forget about Can, don't waste money on lawyers because they are just going to create a bubble in your head with the purpose of taking your money, because they already know this is a case that they can't win (at least that.... this ''closed case'' resulted to be a false inquiry of your ex, and you were innocent of those charges, if not... Try AUS, some European countries, or some countries that do not possess any international agreement with USA. Could be Russia or China, their arch enemy. You more than anyone here must know if it is a lost case (based on the statements of that -closed case-).
3 a) Have you ever committed, been arrested for, or been charged with or convicted of any criminal offence in any country or territory?
Did you also hide this information from your agent? because if he did know that you were charged in your past, you wasted your money in a bad one agency (if that's true, I don't know if to believe it was done by an consultancy agent). You spent years in USA, so you must know that even if it is a ''case closed'', it happened, and they will always know it until the day you die man, hence, Canada will know it as well. Didn't you know that both countries have an agreement of exchanging information between one and another (you lived in one of those countries man, everyone knows this information about the sharing of info between them). The answer for this question is yes or not. I repeat: I do not know about this CIC process, but in USA immigration process, when your answer to a question like this is ''yes'', it open up a box where you can give detail information to explain yourself why you did that criminal act (just as you are doing up there). Your chances would have been more positives, maybe it would had happen the same with CIC process.
This answer should have been responded with a -Yes- , remember this dear: CIC is like women, they start to ask questions of things that they already know the answers of, just to catch your lies (since you were born). Furthermore, in this question they did not specify if you committed something in the past 18 years, they were very clear, that it is an direct question, and when someone ask you a question and do not state an specification, you have to answer picturing your whole existence, in fact, they did specified something, they said: -committed- that is in past tense, Let me give you this breakfast: 19 years ago happened to be in the past actually, their question was not if the action committed is closed or open, maybe they would have ask you (as USA immi-process, that if you answer [yes] , they keep on asking question about this 'yes', did you try with an ''yes'' to see what the popup menu would shown? I guess you blow off your chances of explaining your case by answering 'no' . Do not justify yourself just because it happen 19 years ago, the question was about your life in general, (of course 19 years ago was included). this question was not about the past 17 years. , even include when you were a toddler. Their conclusion was that you lied.
The first thing a knew about Canadians is that they get angry when someone lies, as everyone know Canadians get extremely angry about it. Something I applaud, really, because I am like that.
Kindly only you know the answer to your question, because you know how deep was that case, maybe if that was a normal and common relationship fight (those that remain indoors) you had have your chances of putting a ''no'' to your answer, but as long as it was open in court, well well, that's another story, and that my friend, closed or open, was charged by officials. If she was right, well, correction: if your ''closed case'' says she was right, you are dead flesh for Canada. Sorry, for your case, this is all I can give you.
I'll cite in here one of my fav quotes: ''Ayn Rand- “We can ignore reality, but we cannot ignore the consequences of ignoring reality.”
Thank you this detail and honest reply, I am currently drafting a letter for the CIC, to be honest man I have hired an agent in my city to fill up for me the application since I didnot want to have a mistake in the documentation process, the agent who filled the application didnot ask me about this criminal back ground questions, I remembered she asked only if I have any sibblings in Canada and then asked for countries that I have visited in the last 10 years I answered all and provided all relevant documents, nevertheless when it came to this question about criminal background she didnot inform me otherwise I would definitely answer yes. and tell the truth, so it was her fault and mine also, moreover In the letter that I have been drafting, I am thinking to explain the truth by telling them that the answers were not answered by me, and I will attach the authorization avdivat letter from my behalf to this agent , also I will definitely explain to CIC about the case and how it was resolved by the court in the US.
I am also planning to attached to CIC all the certificates of my behavioral conduct from my past employers, clients and colleagues for the past 17 years... experience.You think this may stop the 5 years ban??
It is truly an unintentional misrepresentation brother, I have never meant to lie, I have been an honest hard worker all my life, I am 42 years old man, I will be too old after 5 years to reapply to canada, I wanted to get masters in construction engineering to enhance my knowledge and
"Sometimes our past mistakes will keep hunting till our last days in this world" :-(
How many times we come across these cases in forum where someone gets a ban because of negligence from agents. I really think if you are applying for a study permit you should be capable enough to apply on your own. Always do your own research as these kind of negligence always ends up bad. Sorry but you messed up, you should have disclosed irrespective the case was open or closed. Its called integrity as if you fail to be honest now chances are you won't in the future.
At 42yrs and with PFL issued, you can reconsider applying to other countries. Lifting or overcome ban is depending with the nature of your situation. Officer may consider if you tick NO on past visa refusal than concealing past criminal. With your exposure and professional work experience, everyone expect you filled all forms by yourself. Unfortunately, bypassing ban doesnt guarantee approval of your SP, neither the first impression of the VO working on your file.
If the hired consultant is licensed by ICCRC, you probably still have a case but if it is otherwise you’ve already lost it. Have you declared and signed the IMM5476 form used if there is an representative involved the immigration process?
Sorry about the whole situation, however, this still counts as misrepresentation as you lied in your application about a past charge that was on your name, whether it happened 19 years ago or 50 years ago it is still a charge that you should have disclosed.
The denying of a past charge might leave the VO wondering if there is anything else you lied about in your application, or weren't completly truthful about.
The best course of action you should have taken was owning up to your mistake, showing how you changed into a better person, your denial did nothing but make it worse.
Last but not least, you can't blame the CIC and say they judged you unfairly, they aren't our friends where we can hide something and think nothing about it, they are a goverment agency that has every right to know everything about who might be coming into the country.
The denying of a past charge might leave the VO wondering if there is anything else you lied about in your application, or weren't completly truthful about.
The best course of action you should have taken was owning up to your mistake, showing how you changed into a better person, your denial did nothing but make it worse.
Last but not least, you can't blame the CIC and say they judged you unfairly, they aren't our friends where we can hide something and think nothing about it, they are a goverment agency that has every right to know everything about who might be coming into the country.
Again, sorry about the whole situation and congratulations for becoming a better person, I wish you nothing but good luck in your future endeavours.
Good luck.
Hopefully this is enough to stop the ban from being issued. Unfortunately it's very difficult for any of us to guess the outcome. There are three possible outcomes you should be expecting:
1) Approval
2) Refusal (with no ban)
3) Refusal (with a 5 year misrepresentation ban)
Good luck again and let us know how it goes.
Hello all I hope you are doing fine in regards of the PFL letter that I received 2 month ago I have replied to CIC with complete honestly and I have attached all relevenat documents in regards of my experience and character, the PFL stated that I will be banned for 5 years from entering Canada, today the reply came back and it was a Refusal
Quote, " 1.I am not satisfied that you will leave Canada and the end of your stay as of section 216(1),of the IPRR based on the purpose of the visit, and based on the limited employment prospects in your country of residence"
"You are welcome to reapply of you feel that you can respond to these concerns and can demonstrate that your situation meets the requirements."
What is the next step I truly believe that the CIC considered my unintentional mistake and instead of the 5 years ban he gave me a rejection as per section 216(1).
Your inputs are greatly appreciated.
Alex
Quote, " 1.I am not satisfied that you will leave Canada and the end of your stay as of section 216(1),of the IPRR based on the purpose of the visit, and based on the limited employment prospects in your country of residence"
"You are welcome to reapply of you feel that you can respond to these concerns and can demonstrate that your situation meets the requirements."
What is the next step I truly believe that the CIC considered my unintentional mistake and instead of the 5 years ban he gave me a rejection as per section 216(1).
Your inputs are greatly appreciated.
Alex
Luck was with you this time. A rejection is a way better outcome than a 5 year ban in all ways.
Now the rejection reasons stated are limited employment prospects and purpose of visit. So two issues. One could be that VO is not convinced that you have good enough job prospects back in home country. Which can be overcome by sharing your previous employment history, offers from other employers, or even by showing them a plan stating where and what you would work as back in home country.
The second reason is purpose of visit. It is the most general and vague refusal reason. It can be due to anything. This time tho it could be due to the PFL and the issues associated with it. You can't know for sure unless you order gcms notes. So do that soon. Share your full profile here, so that others could evaluate it to figure out what is wrong. Basically VO doesn't think you are a bonafide student.
Anyway you are pretty lucky to be issued a rejection. They gave you a second chance. Be careful with future applications and don't lie of anything. Be truthful about previous history. Please don't approach unofficial agents.