VO error on my application that leads to procedural fairness

[Bryanna]

Your Canada TRV is already in process. Do inform IRCC asap through the Case Specific Enquiry (CSE) without waiting to get a copy of the UK visa refusal letter.


For the CSE, you must mention:
1. You had a UK Visitor Visa refusal (state the date if you remember it, or else the approx. date when you applied)

2. You do not know the exact reason(s) for refusal as you do not have a copy of the UK visa refusal letter. I would not mention about a missing sponsor letter.... without seeing the actual UK visa refusal letter.... because if this is not the correct reason then it would complicate matters

3. You have not reapplied for any UK visa after that refusal

4. You are declaring this UK visa refusal on your own without IRCC asking you for this information

 

[Sandy111]

OK and Thanks Bryanna for your time and response.

i am going to draft and send the email right now and will keep updating with the outcomes....

Thanks again......

 

[oasisalone]

Your Canada TRV is already in process. Do inform IRCC asap through the Case Specific Enquiry (CSE) without waiting to get a copy of the UK visa refusal letter.


For the CSE, you must mention:
1. You had a UK Visitor Visa refusal (state the date if you remember it, or else the approx. date when you applied)

2. You do not know the exact reason(s) for refusal as you do not have a copy of the UK visa refusal letter. I would not mention about a missing sponsor letter.... without seeing the actual UK visa refusal letter.... because if this is not the correct reason then it would complicate matters

3. You have not reapplied for any UK visa after that refusal

4. You are declaring this UK visa refusal on your own without IRCC asking you for this information

Hi Bryanna

Have you ever known any case which didn't state to refused visa USA, but obtain a visa canada? If renew, have to state again this refused visa?

 

[Bryanna]

Hi Bryanna

Have you ever known any case which didn't state to refused visa USA, but obtain a visa canada? If renew, have to state again this refused visa?

Yes, there's one case which I remember distinctly.

The applicant failed to declare his previous US H1B refusal when he applied for a Canada work permit. Actually, the travel desk of his employer had filled his Canada visa forms. He got his work permit and worked for a couple of years in Canada

He left for a short vacation to his home country. Applied for new TRVs (outside Canada) for himself and his family.... they received procedural fairness letters..... IRCC then refused their TRVs + gave 5-years' ban for misrepresentation + cancelled their PR applications (after medicals, PCC, background checks stage).

He and his family could not return to Canada to collect their belongings. He tried to convince IRCC to at least allow them to collect their stuff, but it didn't work. Anyways. He and his family are now living/working in Scotland

 

[oasisalone]

Yes, there's one case which I remember distinctly.

The applicant failed to declare his previous US H1B refusal when he applied for a Canada work permit. Actually, the travel desk of his employer had filled his Canada visa forms. He got his work permit and worked for a couple of years in Canada

He left for a short vacation to his home country. Applied for new TRVs (outside Canada) for himself and his family.... they received procedural fairness letters..... IRCC then refused their TRVs + gave 5-years' ban for misrepresentation + cancelled their PR applications (after medicals, PCC, background checks stage).

He and his family could not return to Canada to collect their belongings. He tried to convince IRCC to at least allow them to collect their stuff, but it didn't work. Anyways. He and his family are now living/working in Scotland

I have a little confuse why the first time IRCC didn't discover this misrepresentation if they checked background? I think something is wrong

 

[satindsi]

Hi satindsi,

The difference between your dad's application and the guy who received a procedural fairness letter is you had mentioned about your dad's previous TRV refusal in the TRV application (Explanation section) + you sent a CSE within 24 hours of applying before IRCC realized/asked about it.

If there was something wrong (read: misrepresentation types), you would've heard from IRCC long back

Don't feel insecure. Relax and enjoy the weekend

Hello Bryanna,

Today I have received below e-mail from IRCC in response of CSE raised on last month March 06, 2017.

Now I have two questions in mind,

1. If IRCC agent forwarding my updated form now than what was the e-mail which I received on March 06, 2017 regarding the update in my file.
2. As they mentioned online that timeline will start from the date when they received full/updated documents. So since I already passed 36 day, do they count time from today or from March 5.


**********************************************************************************************************************
Dear XXXX,

Thank you for contacting Immigration, Refugees and Citizenship Canada (IRCC).

We are pleased to confirm the reception of the updated Temporary Resident Visa application form. We have forwarded it to the responsible office for their consideration.
Since your file is located at the Canadian visa office in New Delhi, we invite you to also contact them in order to:
• Report important changes,
• Provide documents,
• Obtain information regarding the status of your application, or
• Enquire on an outcome to a request.
You will find the complete list of visa offices on our website.

Once you select the office you wish to contact, you will be presented with the different ways you may contact them.

We hope the information provided is helpful in assisting you with your enquiry.

We would also like to suggest the following online services that might be helpful to you with any immigration, refugee and/or citizenship future requests:


• Download application forms and guides
• Change of address
• Check your application status
• Help Centre - To find answers, you may consult the different sections or type keywords related to your question.

Sincerely,

XXXX, Agent XXXX
Immigration, Refugees and Citizenship Canada
www.cic.gc.ca

*************************************************************************************

 

[Anwers]

Yes, there's one case which I remember distinctly.

The applicant failed to declare his previous US H1B refusal when he applied for a Canada work permit. Actually, the travel desk of his employer had filled his Canada visa forms. He got his work permit and worked for a couple of years in Canada

He left for a short vacation to his home country. Applied for new TRVs (outside Canada) for himself and his family.... they received procedural fairness letters..... IRCC then refused their TRVs + gave 5-years' ban for misrepresentation + cancelled their PR applications (after medicals, PCC, background checks stage).

He and his family could not return to Canada to collect their belongings. He tried to convince IRCC to at least allow them to collect their stuff, but it didn't work. Anyways. He and his family are now living/working in Scotland

Hey Bryanna

Have you come across any case where some one have update about refusal of visa thru CSE and have been granted TRV ?

 

[oasisalone]

Yes, there's one case which I remember distinctly.

The applicant failed to declare his previous US H1B refusal when he applied for a Canada work permit. Actually, the travel desk of his employer had filled his Canada visa forms. He got his work permit and worked for a couple of years in Canada

He left for a short vacation to his home country. Applied for new TRVs (outside Canada) for himself and his family.... they received procedural fairness letters..... IRCC then refused their TRVs + gave 5-years' ban for misrepresentation + cancelled their PR applications (after medicals, PCC, background checks stage).

He and his family could not return to Canada to collect their belongings. He tried to convince IRCC to at least allow them to collect their stuff, but it didn't work. Anyways. He and his family are now living/working in Scotland

Hi Bryanna,

IF applicant apply ro renew or PP app, he/she state true about refused visa USA. what is next happen? deny or ban?

 

[Bryanna]

Hi Bryanna,

IF applicant apply ro renew or PP app, he/she state true about refused visa USA. what is next happen? deny or ban?

Hi,

Do you have a previous visa refusal/were you denied entry to any country (not just to Canada or the US)?

 

[Bryanna]

Today I have received below e-mail from IRCC in response of CSE raised on last month March 06, 2017.

Now I have two questions in mind,

1. If IRCC agent forwarding my updated form now than what was the e-mail which I received on March 06, 2017 regarding the update in my file.
2. As they mentioned online that timeline will start from the date when they received full/updated documents. So since I already passed 36 day, do they count time from today or from March 5.

This is a standard sort of a reply to a CSE.

If you notice, this email does not indicate the date when your updated super visa application form was forwarded to NDVO. This email only reconfirms receipt of this updated form (which is same as the email you received on March 6).

Technically speaking, processing on your dad's visa application started when IRCC received it i.e. March 5. The application was already complete (nothing missing, for example, insurance/host's financial proofs, etc).

Maybe IRCC is facing a high volume of applications, and hence, processing is taking longer

 

[oasisalone]

Hi,

Do you have a previous visa refusal/were you denied entry to any country (not just to Canada or the US)?

Hi Bryanna

I only want to find out more information because this error which most applicants didn't state when apply visa.
And you are a expert .

 

[twuser]

Maybe IRCC is facing a high volume of applications, and hence, processing is taking longer

They also prioritize applications based on quota (every application type has a set quota per year), political atmosphere, Chinese year etc.

P.S: everything but for the Chinese year part is true.

 

[Bryanna]

Hi Bryanna

I only want to find out more information because this error which most applicants didn't state when apply visa.
And you are a expert .

To answer your previous question, basically as long as an applicant is honest about previous visa refusals/denied entry to any country before IRCC figures it out, then there's nothing to worry about. IRCC will check the facts to confirm that the visa refusal was not for some reason that could affect the Canada visa/immigration status of that applicant.

However, if someone was deported (from say, the US) and created a completely new identity + did not declare this US deportation then this is a clear case of misrepresentation. IRCC has ways of catching this out. We have come across at least two people, a few months ago, who were attempting to do this.

Basically, one must be honest always because every visa application is assessed for its individual merits

 

[oasisalone]

To answer your previous question, basically as long as an applicant is honest about previous visa refusals/denied entry to any country before IRCC figures it out, then there's nothing to worry about. IRCC will check the facts to confirm that the visa refusal was not for some reason that could affect the Canada visa/immigration status of that applicant.

However, if someone was deported (from say, the US) and created a completely new identity + did not declare this US deportation then this is a clear case of misrepresentation. IRCC has ways of catching this out. We have come across at least two people, a few months ago, who were attempting to do this.

Basically, one must be honest always because every visa application is assessed for its individual merits

Thank you Bryanna, your knowledge is great, helpful for many applicants in the future.

 

[satindsi]

This is a standard sort of a reply to a CSE.

If you notice, this email does not indicate the date when your updated super visa application form was forwarded to NDVO. This email only reconfirms receipt of this updated form (which is same as the email you received on March 6).

Technically speaking, processing on your dad's visa application started when IRCC received it i.e. March 5. The application was already complete (nothing missing, for example, insurance/host's financial proofs, etc).

Maybe IRCC is facing a high volume of applications, and hence, processing is taking longer

Awesome man!!!!

You are great Bryanna. Open immigration consultancy company....you will rock