Hi,
I have recently applied for Canada TRV visa on 8th July 2019 and got decision on 19th July 2019 with below response. As per my US travel history yes i have got US inadmissibility during my H1B interview in 2015 but at the same time Visa officer has filed my waiver of inadmissibility and was approved after 8 months and got H1B Visa. In December 2017 I was travelling back to US after my emergency visit to India I was stopped at port of entry and asked me to apply for new waiver and new visa because visa was expiring in a week and waiver was also approved only for 1 years. I went to visa interview in 2018 february and again visa office applied for my waiver of inadmissibility which approved after 11 months but asked me submit H1B related documents for visa. which is still in process and application status is in administrative. I thought since my application after denied it was approved, the section 16(1) will be NO for me but looks like i was wrong. Please suggest me what kind of reply need to send. Or is it OK if i dont reply and submit new TRV application? Thank you so much in advance.
I have reviewed your application and documents you submitted in its support. Subsection 11(1) of the immigration and refugee protection act provides that a foreign national must, before entering to Canada, apply to an officer for a visa or any other document required by the Regulations. The visa or document shall be issued if, following an examination, the officer is satisfied that the foreign national is not inadmissible and meets the requirements of this Act.
I am not satisfied that you have fulfilled the requirement put upon you by section 16(1) of the immigration and Refugee Protection Act, which 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.
Specifically your response of "NO" to the question, "Have you ever been refused a visa or permit, denied entry or ordered to leave Canada or any other Country or territory? " Omits material information regarding the outcome of your immigration history with the USA. Specifically, I am concerned that you have failed to declare a denial of entry and/or a removal order, as well as one or more subsequent USA non-immigration visa refusals. As the withholding of this information was liable to induce an error in the administration of the Act, i am concerned that you may be inadmissible to Canada for misrepresentation.
Please note that if it is found that you have engaged in misrepresentation in submitting your application for a Temporary residence visa, you may be found to be inadmissible under Section 40(1)(a) of the Immigration and Refugee Protection Act. A finding of such inadmissibility would render you inadmissible to Canada for a period of five years according to section 40(2)(a):
40(1) A permanent resident or a foreign national is inadmissible for misrepresentation (a) for directly or indirectly misrepresenting or withholding material facts relating to a relevant matter that induces or could induce an error in the administration of this Act
40(2) The following provision govern subsection (1) :
(a) the permanent resident or the foreign national continues to be inadmissible for misrepresentation for a period of five years following, in the case of a determination outside Canada, a final determination of inadmissibility under subsection (1) or, in the case of determination in Canada, the date the removal order is enforced.
I would like to give you an opportunity to respond to this information. I will afford you 10 days from the receipt of this letter to make any representations in this regard. Please email your scanned documents at delhiimmigration email. in the subject line, please indicate your file number.
If you do not respond to this request within the time outlined above, your application will be refused.
I have recently applied for Canada TRV visa on 8th July 2019 and got decision on 19th July 2019 with below response. As per my US travel history yes i have got US inadmissibility during my H1B interview in 2015 but at the same time Visa officer has filed my waiver of inadmissibility and was approved after 8 months and got H1B Visa. In December 2017 I was travelling back to US after my emergency visit to India I was stopped at port of entry and asked me to apply for new waiver and new visa because visa was expiring in a week and waiver was also approved only for 1 years. I went to visa interview in 2018 february and again visa office applied for my waiver of inadmissibility which approved after 11 months but asked me submit H1B related documents for visa. which is still in process and application status is in administrative. I thought since my application after denied it was approved, the section 16(1) will be NO for me but looks like i was wrong. Please suggest me what kind of reply need to send. Or is it OK if i dont reply and submit new TRV application? Thank you so much in advance.
I have reviewed your application and documents you submitted in its support. Subsection 11(1) of the immigration and refugee protection act provides that a foreign national must, before entering to Canada, apply to an officer for a visa or any other document required by the Regulations. The visa or document shall be issued if, following an examination, the officer is satisfied that the foreign national is not inadmissible and meets the requirements of this Act.
I am not satisfied that you have fulfilled the requirement put upon you by section 16(1) of the immigration and Refugee Protection Act, which 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.
Specifically your response of "NO" to the question, "Have you ever been refused a visa or permit, denied entry or ordered to leave Canada or any other Country or territory? " Omits material information regarding the outcome of your immigration history with the USA. Specifically, I am concerned that you have failed to declare a denial of entry and/or a removal order, as well as one or more subsequent USA non-immigration visa refusals. As the withholding of this information was liable to induce an error in the administration of the Act, i am concerned that you may be inadmissible to Canada for misrepresentation.
Please note that if it is found that you have engaged in misrepresentation in submitting your application for a Temporary residence visa, you may be found to be inadmissible under Section 40(1)(a) of the Immigration and Refugee Protection Act. A finding of such inadmissibility would render you inadmissible to Canada for a period of five years according to section 40(2)(a):
40(1) A permanent resident or a foreign national is inadmissible for misrepresentation (a) for directly or indirectly misrepresenting or withholding material facts relating to a relevant matter that induces or could induce an error in the administration of this Act
40(2) The following provision govern subsection (1) :
(a) the permanent resident or the foreign national continues to be inadmissible for misrepresentation for a period of five years following, in the case of a determination outside Canada, a final determination of inadmissibility under subsection (1) or, in the case of determination in Canada, the date the removal order is enforced.
I would like to give you an opportunity to respond to this information. I will afford you 10 days from the receipt of this letter to make any representations in this regard. Please email your scanned documents at delhiimmigration email. in the subject line, please indicate your file number.
If you do not respond to this request within the time outlined above, your application will be refused.
