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legalfalcon

VIP Member
Sep 21, 2015
19,040
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
Category: FSW- Outland
ITA: September 02
AOR: September 16
Upfront RCMP & medicals
Category: OINP nominated EE Outland
NOC: 2173
ITA: 16 Sep 2020
AOR: 21 Sept 2020
Upfront medical, did like a month before getting an ITA
All the best for your application!! Keep your progress posted here!
 
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Viraj2020

Full Member
Sep 23, 2020
20
9
Hi,
Needed a little help. I applied for PR on 17th September and also got the AOR the same day. In the question that ‘have you applied to IRCC before or were you a part of any PR application before’ I answered in the negative. However I had applied a tourist visa in 2019 but have not visited as yet. After reading the comments on other groups, i understand that I should have answered a yes to that question. Please can anyone help as to what should I do now? Thanks!!
 

legalfalcon

VIP Member
Sep 21, 2015
19,040
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
Hi,
Needed a little help. I applied for PR on 17th September and also got the AOR the same day. In the question that ‘have you applied to IRCC before or were you a part of any PR application before’ I answered in the negative. However I had applied a tourist visa in 2019 but have not visited as yet. After reading the comments on other groups, i understand that I should have answered a yes to that question. Please can anyone help as to what should I do now? Thanks!!
Yes, your answer should have been yes. If you have already submitted your application send a webform (https://secure.cic.gc.ca/enquiries-renseignements/canada-case-cas-eng.aspx) and inform IRCC of this.
 

junro

Star Member
Jul 1, 2020
75
34
Hi @legalfalcon,

just want to consult with something, i remember when I applied for my TRV after i got my pgwp. What i only mentioned there was the two recent job i have here in Canada. I didnt mention foreign work experience and my other partime job i did when i was still a student because i only lasted for a month. When I created my PR application thats the time i put everything just like what they asked. Should that be a concern? If yes, anything I should do correct it? I just got my AOR sept 15 and no update after that. Hope to hear from you soon. Thanks.
 
Last edited:

legalfalcon

VIP Member
Sep 21, 2015
19,040
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
Hi @legalfalcon,

just want to consult with something, i remember when I applied for my TRV after i got my pgwp. What i only mentioned there was the two recent job i have here in Canada. I didnt mention foreign work experience and my other partime job i did when i was still a student because i only lasted for a month. When I created my PR application thats the time i put everything just like what they asked. Should that be a concern? If yes, anything I should do correct it? I just got my AOR sept 15 and no update after that. Hope to hear from you soon. Thanks.
Any application you file can be looked into and there should be no discrepancy. 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. The issue here is whether prior TRV application in which an employment detail was left out can be added to the PR application, and would this inconsistency be of any concern.

The answer is simple. 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.

Now I will not be deliberating that if the prior application was refused, why it should be looked into again, or you file a TRV before and you did not disclose an employment but subsequently claimed pints for it in PR and got a PPR without any issues. This is all anecdotal. Just because someone was not caught, does not make him innocent.

They law is clear, while applications for different types of status engage different considerations, it does not necessarily flow that statements made in temporary residence applications cannot affect subsequent permanent residence applications (or vice versa). In Suri v. Canada , the court found that the Officer’s concerns vis-à-vis the contradictions between the Applicants’ temporary and permanent applications were reasonable and based on that the applicant's misrepresentation ban was upheld.

Federal courts have ruled on this numerous times.

Read - Suri v. Canada available at http://canlii.ca/t/grvwt

Similarly, in the case of In Goburdhun v Canada (Citizenship and Immigration), 2013 FC 971 at para 28, Justice Strickland summarized the key considerations outlined in the jurisprudence, including the fact that paragraph 40(1)(a) is to be given a broad interpretation, capturing misrepresentations even if made by a third party such as a consultant, without the knowledge of the applicant (see also Wang v Canada (Citizenship and Immigration), 2015 FC 647 at para 25). The only exception to this rule is narrow and applies in the truly extraordinary circumstances where an applicant honestly and reasonably believed that they were not misrepresenting a material fact and knowledge of the misrepresentation was beyond the applicant’s control.

You can read the above judgments, they are available online.

If there was a discrepancy on your applications, you should have addressed it in your LoE with your PR.
 

legalfalcon

VIP Member
Sep 21, 2015
19,040
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
Okay, can you please advise what should I write in the web form?
Thanks a ton!
Simpley write that your inadvertently forgot to mention the visa filing for TRV, and provide the details.
 
Last edited:

junro

Star Member
Jul 1, 2020
75
34
Any application you file can be looked into and there should be no discrepancy. 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. The issue here is whether prior TRV application in which an employment detail was left out can be added to the PR application, and would this inconsistency be of any concern.

The answer is simple. 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.

Now I will not be deliberating that if the prior application was refused, why it should be looked into again, or you file a TRV before and you did not disclose an employment but subsequently claimed pints for it in PR and got a PPR without any issues. This is all anecdotal. Just because someone was not caught, does not make him innocent.

They law is clear, while applications for different types of status engage different considerations, it does not necessarily flow that statements made in temporary residence applications cannot affect subsequent permanent residence applications (or vice versa). In Suri v. Canada , the court found that the Officer’s concerns vis-à-vis the contradictions between the Applicants’ temporary and permanent applications were reasonable and based on that the applicant's misrepresentation ban was upheld.

Federal courts have ruled on this numerous times.

Read - Suri v. Canada available at http://canlii.ca/t/grvwt

Similarly, in the case of In Goburdhun v Canada (Citizenship and Immigration), 2013 FC 971 at para 28, Justice Strickland summarized the key considerations outlined in the jurisprudence, including the fact that paragraph 40(1)(a) is to be given a broad interpretation, capturing misrepresentations even if made by a third party such as a consultant, without the knowledge of the applicant (see also Wang v Canada (Citizenship and Immigration), 2015 FC 647 at para 25). The only exception to this rule is narrow and applies in the truly extraordinary circumstances where an applicant honestly and reasonably believed that they were not misrepresenting a material fact and knowledge of the misrepresentation was beyond the applicant’s control.

You can read the above judgments, they are available online.

If there was a discrepancy on your applications, you should have addressed it in your LoE with your PR.
Thank you @legalfalcon. I didnt claimed points for the work experience not mentioned in my trv tho. Can you tell me what is the rightful words to say in my LOE? Im afraid i say the wrong words that would make them doubt more. Thankyou,
 

legalfalcon

VIP Member
Sep 21, 2015
19,040
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
Thank you @legalfalcon. I didnt claimed points for the work experience not mentioned in my trv tho. Can you tell me what is the rightful words to say in my LOE? Im afraid i say the wrong words that would make them doubt more. Thankyou,
If you have not claimed points, there it is not a big issue. However, to keep all your applications consistent, you should inform IRCC that in your TRV you inadvertently missed adding your prior jobs, which have been listed on your PR application.

IRCC does not have to review your prior TRV application, but they can.

As indicated in the cases, the law is very clear that all applications should be consistent and all information asked should be truthfully disclosed.

In your LoE, just keep it simple and explain.
 

legalfalcon

VIP Member
Sep 21, 2015
19,040
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
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legalfalcon

VIP Member
Sep 21, 2015
19,040
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