Urgent help needed

[Toorboyz]

My AOR is September 17,2020 under CEC but I just realized that I forgot to mention my New Zealand student visa refusal under my express entry application. I got that refusal before coming to canada. Should I raise a webform or it's too late. Could you please help me with this @legalfalcon

 

[legalfalcon]

My AOR is September 17,2020 under CEC but I just realized that I forgot to mention my New Zealand student visa refusal under my express entry application. I got that refusal before coming to canada. Should I raise a webform or it's too late. Could you please help me with this @legalfalcon

Immediately raise a webform and inform IRCC. Reposting my old post:

As per IRPA:

Any application you file can be looked into and there should be no discrepancy if you have filed multiple applications. If you filed a TRV in which you did not declare a job, and then you claimed a posts for a job in your PR application, this is a discrepancy. Similarly if you were refused a visa before, the same has to be declared in the subsequent application filed with IRCC.

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. Even if the reason is that you inadvertently forgot to mention a prior refusal, you have to inform IRCC.

Section 16(1) of the IRPA 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.

While answering the statutory questions you have to list all prior visa refusals. Failing to declare any prior visa refusal is misrepresentation and the federal court has ruled on it in the following decision:

Algohar v. Canada (Citizenship and Immigration), 2019 FC 1364 (CanLII), available at http://canlii.ca/t/j36dk

It is an applicant's duty to disclose all material information pertaining to ones information and answer all questions truthfully.

If you inadvertently forgot to mention a prior visa refusal, you can send a webform and inform IRCC. Irrespective of what stage your application is at, or if it has even been approved, if it is found that you failed to disclose any material information in your application, it can impact your PR status.

In Tuiran v. Canada (Citizenship and Immigration), 2018 FC 324 (CanLII) the court held, " Section 16(1) of the Act requires visa applicants to answer all questions truthfully and produce all relevant documents and evidence reasonably required when making an application under the Act. The purpose of the misrepresentation provisions in the Act is “to ensure that applicants provide complete, honest and truthful information in every manner when applying for entry into Canada” (Jiang v Canada (Citizenship and Immigration), 2011 FC 942 at para 36; Khan v Canada (Citizenship and Immigration), 2008 FC 512 at paras 26-29; Wang v Canada (Citizenship and Immigration), 2005 FC 1059 at paras 57-58, affirmed in 2006 FCA 345 [Wang])." I emphasize that it does not matter that the authorities may have the ability to catch the misrepresentation or not. What matters is whether the misrepresentation induced or could have induced an error in the administration of the IRPA.

If you feel that there is a discrepancy, or if you inadvertently missed out answering a question in your application, you can send a wbfrom and inform IRCC of the same.

 

[Ketan92]

@legalfalcon
Got tgis letter today in gckey .
This refers to your application for permanent residence in Canada.
Subsection 16(1) of the Immigration and Refugee Protection Act states that:
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
Subsection 40(1)(a) of the Immigration and Refugee Protection Act states that :
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;
Information available to our office suggest that you have not been truthful in responding to the
Statutory Questions under Background Information. the withholding of this material fact could
have induced an error in the administration of the Act.
Before a decision is made in your case, I am providing you with the opportunity to comment on
the above concerns or provide any observation or explanation in writing. You have thirty (30)
days from the date of this letter to reply.
If you choose not to respond with additional information, or if the new information forwarded by
you is not satisfactory, a decision will be made based on the information in your file.
Sincerely,
Migration Office
I am very worried.

 

[Wiggy]

@legalfalcon
Got tgis letter today in gckey .
This refers to your application for permanent residence in Canada.
Subsection 16(1) of the Immigration and Refugee Protection Act states that:
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
Subsection 40(1)(a) of the Immigration and Refugee Protection Act states that :
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;
Information available to our office suggest that you have not been truthful in responding to the
Statutory Questions under Background Information. the withholding of this material fact could
have induced an error in the administration of the Act.
Before a decision is made in your case, I am providing you with the opportunity to comment on
the above concerns or provide any observation or explanation in writing. You have thirty (30)
days from the date of this letter to reply.
If you choose not to respond with additional information, or if the new information forwarded by
you is not satisfactory, a decision will be made based on the information in your file.
Sincerely,
Migration Office
I am very worried.

this should only be a problem if you have withheld information or told lies in your application. If neither is the case then I don't see what you have to worry about. If you withheld information or lied then now is your opportunity to tell the truth

 

[Ketan92]

this should only be a problem if you have withheld information or told lies in your application. If neither is the case then I don't see what you have to worry about. If you withheld information or lied then now is your opportunity to tell the truth

My agent did a blunder she didn't mention that i was refused canada and australia student visa in 2012. She didn't even ask me about background declaration form details. That's y m worried.

 

[Wiggy]

My agent did a blunder she didn't mention that i was refused canada and australia student visa in 2012. She didn't even ask me about background declaration form details. That's y m worried.

I suggest that you need to supply IIRC with this information (it sounds like they already know but want to check whether you will provide the truth). If you supply them with this and it makes you inadmissible then that is a risk. If you don't supply the information then you will DEFINITELY be inadmissible.

 

[Ketan92]

I suggest that you need to supply IIRC with this information (it sounds like they already know but want to check whether you will provide the truth). If you supply them with this and it makes you inadmissible then that is a risk. If you don't supply the information then you will DEFINITELY be inadmissible.

Seems refusal on cards.

 

[scylla]

My agent did a blunder she didn't mention that i was refused canada and australia student visa in 2012. She didn't even ask me about background declaration form details. That's y m worried.

It's a procedural fairness letter that indicates IRCC plans to refuse your application because you have committed material misrepresentation in your application. Regardless of who completed the application, IRCC holds you (the applicant) responsible for any misrepresentations. It's your responsibility to ensure the application is accurate and complete. You need to respond to this letter, confirm you have refusals and provide the full details of these refusals. You also need to explain why these refusals were not mentioned in the application. Make sure you respond within 30 days.

 

[Ketan92]

It's a procedural fairness letter that indicates IRCC plans to refuse your application because you have committed material misrepresentation in your application. Regardless of who completed the application, IRCC holds you (the applicant) responsible for any misrepresentations. It's your responsibility to ensure the application is accurate and complete. You need to respond to this letter, confirm you have refusals and provide the full details of these refusals. You also need to explain why these refusals were not mentioned in the application. Make sure you respond within 30 days.

So even if i provide them full details they going to refuse me? I am not the main applicant my wife is the main applicant. But info sharing gone wrong about me.

 

[scylla]

So even if i provide them full details they going to refuse me? I am not the main applicant my wife is the main applicant. But info sharing gone wrong about me.

It's hard to say what will happen. There is always some chance of approval but certainly also a chance of refusal. If IRCC decides to refuse, they will refuse the entire application (not just you).

It doesn't matter that you are not the primary applicant. All information in the application must be answered truthfully for all applicants.

 

[Ketan92]

It's hard to say what will happen. There is always some chance of approval but certainly also a chance of refusal. If IRCC decides to refuse, they will refuse the entire application (not just you).

It doesn't matter that you are not the primary applicant. All information in the application must be answered truthfully for all applicants.

Should i change my representative?

 

[Wiggy]

it sounds like your best chance is provide them with as much information as possible and hopefully they will see that the omission was not a deliberate attempt to deceive.. if you do nothing then you will be refused.

 

[scylla]

Should i change my representative?

You need to respond to the letter yourself and provide the information being requested by IRCC. Don't do this through your representative. Answer yourself. The response you are sending is very important.

 

[Wiggy]

Mistakes happen but the burden of truth is on you. My representative sends me everything for my review before submitting as at the end of the day it is my application and therefore I have to be happy with what is being submitted on my behalf.

 

[legalfalcon]

@legalfalcon
Got tgis letter today in gckey .
This refers to your application for permanent residence in Canada.
Subsection 16(1) of the Immigration and Refugee Protection Act states that:
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
Subsection 40(1)(a) of the Immigration and Refugee Protection Act states that :
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;
Information available to our office suggest that you have not been truthful in responding to the
Statutory Questions under Background Information. the withholding of this material fact could
have induced an error in the administration of the Act.
Before a decision is made in your case, I am providing you with the opportunity to comment on
the above concerns or provide any observation or explanation in writing. You have thirty (30)
days from the date of this letter to reply.
If you choose not to respond with additional information, or if the new information forwarded by
you is not satisfactory, a decision will be made based on the information in your file.
Sincerely,
Migration Office
I am very worried.

This is the Procedural Fairness Letter. In your statutory questions did you not mention your prior visa refusals or any criminal case, even if you were not convicted? This applies for any previous application you may have filed with IRCC.

Any application you file can be looked into and there should be no discrepancy if you have filed multiple applications. 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. Similarly if you were refused a visa before, the same has to be declared in the subsequent application filed with IRCC.

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. Even if the reason is that you inadvertently forgot to mention a prior refusal, you have to inform IRCC.

While answering the statutory questions you have to list all prior visa refusals. Failing to declare any prior visa refusal is misrepresentation and the federal court has ruled on it in the following decision:

Algohar v. Canada (Citizenship and Immigration), 2019 FC 1364 (CanLII), available at http://canlii.ca/t/j36dk

It is an applicant's duty to disclose all material information pertaining to ones information and answer all questions truthfully.

If you inadvertently forgot to mention a prior visa refusal, you can send a webform and inform IRCC. Irrespective of what stage your application is at, or if it has even been approved, if it is found that you failed to disclose any material information in your application, it can impact your PR status.

In Tuiran v. Canada (Citizenship and Immigration), 2018 FC 324 (CanLII) the court held, " Section 16(1) of the Act requires visa applicants to answer all questions truthfully and produce all relevant documents and evidence reasonably required when making an application under the Act. The purpose of the misrepresentation provisions in the Act is “to ensure that applicants provide complete, honest and truthful information in every manner when applying for entry into Canada” (Jiang v Canada (Citizenship and Immigration), 2011 FC 942 at para 36; Khan v Canada (Citizenship and Immigration), 2008 FC 512 at paras 26-29; Wang v Canada (Citizenship and Immigration), 2005 FC 1059 at paras 57-58, affirmed in 2006 FCA 345 [Wang])." I emphasize that it does not matter that the authorities may have the ability to catch the misrepresentation or not. What matters is whether the misrepresentation induced or could have induced an error in the administration of the IRPA.

_____________________

Now you will have to address this issue and send an explanation in detail. First find out what you left out and then explain why. It will be at the discretion of the Officer to make a determination on this. Misrepresentation can not only lead to refusal but also a ban from entering Canada. If you feel you cannot do this yourself, engage an immigration lawyer. The forums will only help you guide and find resources, but for serious things, you need licensed professionals.