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Procedural Fairness Letter

X

xycan

Star Member
Dec 13, 2018
60
36
Peggy11 said:
Yes true, but all the threads here say they all got 5 year ban
Click to expand...
Will get 5 year ban only if true misrepresentation is confirmed. If it is only a mistake by carelessness, and you can provide convincing evidence, your visa will not be refused.
 
Boss_s

Boss_s

Member
Jan 30, 2019
15
0
xycan said:
Guys, I am in a big trouble, do need your kind suggestions:

I and my wife had temporary visa refusal records to Canada and USA. I applied PNP program. In the PNP program, IMM5669 form is required and mandatory. I have stated that we have visa refusal records. Our PNP was approved, that's why we can apply EE here. I guess I was quite careless that after ITA, there was question check box to ask if we have any prior visa refusal history. I can not recall it, but it seems that I wrongly ticked 'No'.

Today, I have received a Procedural Fairness Letter (PFL) from LVO, the letter states that:
Specifically, I have concerns that you misrepresented your and your spouse’s past visa application history. In the application form, both you and your spouse responded No to the questions which asks, have you, or, if you are the principal applicant, any of your family members listed in your application for permanent residence in Canada, ever:
Been refused refugee status, an immigrant or permanent resident visa (including a Certificat de sélection du Québec (CSQ) or application to the Provincial Nominee Program) or visitor or temporary resident visa, to Canada or any other country?

Furthermore, you and your spouse have not declared all of your activities, both educational and work related, since the age of 18.
Please submit a separate and newly completed Schedule A Background Declaration form (IMM 5669) bearing an original signature. You must declare your personal history and addresses from the age of 18 (not only the past 10 years). Do not leave any gaps.

This is defnitely not a misrepresentation, I swear it was caused by my negligence because I was distracted by babysitting my daughters when filling and submitting the form.

What should I do, please help. Any suggestion would be highly recommended.

BTW, today my status entered IP2. But not a smooth way.
Click to expand...
Hi there I’m on same stage that you was did you got your pr?
 
X

xycan

Star Member
Dec 13, 2018
60
36
Guess some people of the same situation want to have to know about this, I received GCMS yesterday, the VO mentioned in the note that: I am satisfied PA and SP have not intentionally misrepresented their previous visa refusal history. PA has submitted evidence that he fully declared previous refusals on Schedule A to Province, however, misclicked the box on the online Federal application.

And my eligibility passed.

So, relax guys. If it is only a mistake by carelessness, and you can provide convincing evidence, your visa will not be refused. As I mentioned before.
 
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canuck_in_uk

canuck_in_uk

VIP Member
May 4, 2012
31,558
7,196
Visa Office......
London
App. Filed.......
06/12
xycan said:
Guess some people of the same situation want to have to know about this, I received GCMS yesterday, the VO mentioned in the note that: I am satisfied PA and SP have not intentionally misrepresented their previous visa refusal history. PA has submitted evidence that he fully declared previous refusals on Schedule A to Province, however, misclicked the box on the online Federal application.

And my eligibility passed.

So, relax guys. If it is only a mistake by carelessness, and you can provide convincing evidence, your visa will not be refused. As I mentioned before.
Click to expand...
Good result. The fact that you had declared it in the PNP app is what saved you.
 
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R

RaghuRam123

Star Member
Nov 14, 2016
118
46
xycan said:
Guess some people of the same situation want to have to know about this, I received GCMS yesterday, the VO mentioned in the note that: I am satisfied PA and SP have not intentionally misrepresented their previous visa refusal history. PA has submitted evidence that he fully declared previous refusals on Schedule A to Province, however, misclicked the box on the online Federal application.

And my eligibility passed.

So, relax guys. If it is only a mistake by carelessness, and you can provide convincing evidence, your visa will not be refused. As I mentioned before.
Click to expand...
what is your application status now.
 
U

UJ Mirza

Member
Mar 19, 2019
13
1
Hello Guys,
I got PFL and they have concerns regarding my spouse and our marriage because our Nikkah took place on Skype and rest of the functions (Rukhsati & Valima) organised in Pakistan, but they are assuming our marriage as proxy marriage, their objection is:

I note that your marriage took place by proxy, because you and your sponsor were not present in Pakistan at the wedding at the time of the wedding on XX-XX-XXXX. Therefore, your relationship with your sponsor appears to be excluded because the Immigration and Refugee Protection Regulations state that a foreign national shall not be considered a member of the family class by virtue of their relationship to a sponsor if, at the time the marriage ceremony was conducted, either one or both of the spouses were not physically present. It appears you and your sponsor were not physically present at the time the marriage ceremony was conducted. It therefore appears you may not be a member of the Family Class.

Before I make a final decision, you may submit additional information relating to these concerns. You must provide any additional information within 30 days from the date of this letter.

Can anyone help me on this ??? what they needed ?? and is that concern may lead to the refusal of our application ???
 
canuck_in_uk

canuck_in_uk

VIP Member
May 4, 2012
31,558
7,196
Visa Office......
London
App. Filed.......
06/12
UJ Mirza said:
Hello Guys,
I got PFL and they have concerns regarding my spouse and our marriage because our Nikkah took place on Skype and rest of the functions (Rukhsati & Valima) organised in Pakistan, but they are assuming our marriage as proxy marriage, their objection is:

I note that your marriage took place by proxy, because you and your sponsor were not present in Pakistan at the wedding at the time of the wedding on XX-XX-XXXX. Therefore, your relationship with your sponsor appears to be excluded because the Immigration and Refugee Protection Regulations state that a foreign national shall not be considered a member of the family class by virtue of their relationship to a sponsor if, at the time the marriage ceremony was conducted, either one or both of the spouses were not physically present. It appears you and your sponsor were not physically present at the time the marriage ceremony was conducted. It therefore appears you may not be a member of the Family Class.

Before I make a final decision, you may submit additional information relating to these concerns. You must provide any additional information within 30 days from the date of this letter.

Can anyone help me on this ??? what they needed ?? and is that concern may lead to the refusal of our application ???
Click to expand...
As the nikkah was done by phone, it not legally recognized. IRCC is very clear about this.

Your app will be refused. You need to sort out a legal marriage in person and reapply.
 
A

Arslan81

Star Member
Mar 28, 2019
99
19
Mano Ahmed said:
Hey Guys, I am new here!! Ill just update my Application status here, and will keep updating regularly!

-Application received by CIC on 12th April 2018

-Sponser Approves on 31st May 2018

-Medical requested 1st June 2018

-Application transferred to LVO on 5th July 2018

-LVO started processing application on 13th July 2018

-Received Pre-Arrival Service Email on 8th Feb 2019.

-Status change on ECAS from ‘In Process’ to ‘Decision Made’ on about 22nd Feb 2019.

I have applied through a consultancy so I do not have access to any thing other than ECAS. I noticed the status change while my regular CIC online sevices check, and there has been no email sent to the consultancy about it yet. Even in the notes theres no mention of Decision Made yet, the last thing in the notes was about medicals being recieved . However it is the first time I saw the status change from In Process to DM!

I managed to get my brother in law call CIC hotline from Canada to hear what the automated answering machine would say against my application number and this is what he heard :

- The application status: Reviewing background check.

- Application was received April 12th 2018

- Do not need additional documents.

- Passed medical exam.

- Do not need fingerprints.

- Will contact once processing is complete.

So this is what the CIC hotline says that they are reviewing background check but ECAS shows Decision Made.... anyone knows whats going on?


I an Worried About my background check since i forgot to mention schengen visa refusals
A years back, i dont know if i have enough time to send an email explining my mistake before i am told i misrepresented on my application. However I have been granted Canadian TRV after my schengen refusal and i forgot to mention visa refusals on TRV application too! I also have visited Canada twice since!

Any advice?
Click to expand...
What happened to ur case then? I am also in smae boat, didn't mention schengen refusal in study permit. Although didn't get study visa but no misrepresentation is selected in refusal letter.
Now got ITA, confused whether to.mention schengen or no
 
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