Will the refusal of work permit affect my H&C application?

[Lily2024]

Hi everyone,

Today I received a letter from the Work permit office telling me that my application was refused. The reason was because I didn't disclose that I had a police charge in 2017. His/her reason is below:

"I am not satisfied that you have truthfully answered all questions in the documents you have submitted in support of your application, as required by subsection 16(1) of the IRPA.
Specifically, I am not satisfied that the following information is truthful: “Have you ever committed, been arrested for, been charged with or convicted of any criminal
offence in any country?”

In this case, this person is accusing me of "misrepresentation" and I am afraid it will be reported to the H&C office and thus my H&C application will be finally denied.

I don't have a criminal record, but I got a police charge of "mischief" and "assault" in 2017 but ended up with a "peace bond" which completed in 2018. This incident started with another woman's fault. She provoked me first when it was non of her business. She first insulted me, pointed her finger at me and pushed her body against me when the security guys were there. Then I went to her store, kicked down the mannequin. She then grabbed my clothes and purse and I grabbed her hair... Long story short, the police came and saw the footage from her store and arrested me. In the statement to the court, this police was quite biased and unfair and didn't present the whole story; he only mentioned how I "brutally" attacked the woman but didn't mention anything from the beginning nor did he mention the woman attacked me first twice. This woman was also very dishonest, there was a bruise on her hand that she got injured before, but she lied that it was from my attack. In 2018, she got several charges of selling counterfeits.

Today I called IRCC, an agent told me that I have passed the security and medical part, but the criminality part is still under processing. I asked my lawyer if i should write a letter to the H&C office to explain the police charge, he told me not to do it. (I asked him before I knew the refusal of my work permit). I heard that usually the security part is the last and the criminality is the first one to check. I am really worried that my permanent residence application will be rejected because of this police charge.

Do I worry to much or I am in a critical situation? Please give some insight, thank you very much!

I submitted my H&C application in Nov 2022, AIP in June 2024. So far is still under background check. It appears that this police charge has triggered a big issue.

 

[scylla]

Hi everyone,

Today I received a letter from the Work permit office telling me that my application was refused. The reason was because I didn't disclose that I had a police charge in 2017. His/her reason is below:

"I am not satisfied that you have truthfully answered all questions in the documents you have submitted in support of your application, as required by subsection 16(1) of the IRPA.
Specifically, I am not satisfied that the following information is truthful: “Have you ever committed, been arrested for, been charged with or convicted of any criminal
offence in any country?”

In this case, this person is accusing me of "misrepresentation" and I am afraid it will be reported to the H&C office and thus my H&C application will be finally denied.

I don't have a criminal record, but I got a police charge of "mischief" and "assault" in 2017 but ended up with a "peace bond" which completed in 2018. This incident started with another woman's fault. She provoked me first when it was non of her business. She first insulted me, pointed her finger at me and pushed her body against me when the security guys were there. Then I went to her store, kicked down the mannequin. She then grabbed my clothes and purse and I grabbed her hair... Long story short, the police came and saw the footage from her store and arrested me. In the statement to the court, this police was quite biased and unfair and didn't present the whole story; he only mentioned how I "brutally" attacked the woman but didn't mention anything from the beginning nor did he mention the woman attacked me first twice. This woman was also very dishonest, there was a bruise on her hand that she got injured before, but she lied that it was from my attack. In 2018, she got several charges of selling counterfeits.

Today I called IRCC, an agent told me that I have passed the security and medical part, but the criminality part is still under processing. I asked my lawyer if i should write a letter to the H&C office to explain the police charge, he told me not to do it. (I asked him before I knew the refusal of my work permit). I heard that usually the security part is the last and the criminality is the first one to check. I am really worried that my permanent residence application will be rejected because of this police charge.

Do I worry to much or I am in a critical situation? Please give some insight, thank you very much!

I submitted my H&C application in Nov 2022, AIP in June 2024. So far is still under background check. It appears that this police charge has triggered a big issue.

Did the refusal letter indicate that you were given a misrepresentation ban? It is possible there could be impact if your application if you end up with a formal misrepresentation decision on your work permit along with a 5 year ban.

Did you fail to declare the charges in your H&C application as well?

Failure to declare past charges is in fact misrepresentation which is really quite serious.

 

[CanGoldDigger]

Hi everyone,

Today I received a letter from the Work permit office telling me that my application was refused. The reason was because I didn't disclose that I had a police charge in 2017. His/her reason is below:

"I am not satisfied that you have truthfully answered all questions in the documents you have submitted in support of your application, as required by subsection 16(1) of the IRPA.
Specifically, I am not satisfied that the following information is truthful: “Have you ever committed, been arrested for, been charged with or convicted of any criminal
offence in any country?”

In this case, this person is accusing me of "misrepresentation" and I am afraid it will be reported to the H&C office and thus my H&C application will be finally denied.

I don't have a criminal record, but I got a police charge of "mischief" and "assault" in 2017 but ended up with a "peace bond" which completed in 2018. This incident started with another woman's fault. She provoked me first when it was non of her business. She first insulted me, pointed her finger at me and pushed her body against me when the security guys were there. Then I went to her store, kicked down the mannequin. She then grabbed my clothes and purse and I grabbed her hair... Long story short, the police came and saw the footage from her store and arrested me. In the statement to the court, this police was quite biased and unfair and didn't present the whole story; he only mentioned how I "brutally" attacked the woman but didn't mention anything from the beginning nor did he mention the woman attacked me first twice. This woman was also very dishonest, there was a bruise on her hand that she got injured before, but she lied that it was from my attack. In 2018, she got several charges of selling counterfeits.

Today I called IRCC, an agent told me that I have passed the security and medical part, but the criminality part is still under processing. I asked my lawyer if i should write a letter to the H&C office to explain the police charge, he told me not to do it. (I asked him before I knew the refusal of my work permit). I heard that usually the security part is the last and the criminality is the first one to check. I am really worried that my permanent residence application will be rejected because of this police charge.

Do I worry to much or I am in a critical situation? Please give some insight, thank you very much!

I submitted my H&C application in Nov 2022, AIP in June 2024. So far is still under background check. It appears that this police charge has triggered a big issue.

You may become inadmissible for misrepresentation but your H&C application wont be refused based on that. Just be prepared for additional scrutiny.

 

[CanGoldDigger]

Although you must update IRCC about that.

 

[Lily2024]

Although you must update IRCC about that.

Thank you for your reply. IRCC already knows it. They have access to everything. In my AIP approval letter, it already indicates my criminality history which is the "peace bond" in 2018 resulted in the 2017 police charge

 

[Lily2024]

You may become inadmissible for misrepresentation but your H&C application wont be refused based on that. Just be prepared for additional scrutiny.

You may become inadmissible for misrepresentation but your H&C application wont be refused based on that. Just be prepared for additional scru

Did the refusal letter indicate that you were given a misrepresentation ban? It is possible there could be impact if your application if you end up with a formal misrepresentation decision on your work permit along with a 5 year ban.

Did you fail to declare the charges in your H&C application as well?

Failure to declare past charges is in fact misrepresentation which is really quite serious.

Did the refusal letter indicate that you were given a misrepresentation ban? It is possible there could be impact if your application if you end up with a formal misrepresentation decision on your work permit along with a 5 year ban.

Did you fail to declare the charges in your H&C application as well?

Failure to declare past charges is in fact misrepresentation which is really quite serious.

Thank you for your reply
No, it doesn't indicate any misrepresentation ban, but it doesn't say whether or not I can reapply.
In the H&C application, the question is different from the work permit application.

H&C form asks a question like if I have any ongoing charge/court case, I checked "No". Since the police charge happened in 2017, so I was correct by choosing "No". So I assume there's no misrepresentation in my H&C application

 

[canuck78]

Hi everyone,

Today I received a letter from the Work permit office telling me that my application was refused. The reason was because I didn't disclose that I had a police charge in 2017. His/her reason is below:

"I am not satisfied that you have truthfully answered all questions in the documents you have submitted in support of your application, as required by subsection 16(1) of the IRPA.
Specifically, I am not satisfied that the following information is truthful: “Have you ever committed, been arrested for, been charged with or convicted of any criminal
offence in any country?”

In this case, this person is accusing me of "misrepresentation" and I am afraid it will be reported to the H&C office and thus my H&C application will be finally denied.

I don't have a criminal record, but I got a police charge of "mischief" and "assault" in 2017 but ended up with a "peace bond" which completed in 2018. This incident started with another woman's fault. She provoked me first when it was non of her business. She first insulted me, pointed her finger at me and pushed her body against me when the security guys were there. Then I went to her store, kicked down the mannequin. She then grabbed my clothes and purse and I grabbed her hair... Long story short, the police came and saw the footage from her store and arrested me. In the statement to the court, this police was quite biased and unfair and didn't present the whole story; he only mentioned how I "brutally" attacked the woman but didn't mention anything from the beginning nor did he mention the woman attacked me first twice. This woman was also very dishonest, there was a bruise on her hand that she got injured before, but she lied that it was from my attack. In 2018, she got several charges of selling counterfeits.

Today I called IRCC, an agent told me that I have passed the security and medical part, but the criminality part is still under processing. I asked my lawyer if i should write a letter to the H&C office to explain the police charge, he told me not to do it. (I asked him before I knew the refusal of my work permit). I heard that usually the security part is the last and the criminality is the first one to check. I am really worried that my permanent residence application will be rejected because of this police charge.

Do I worry to much or I am in a critical situation? Please give some insight, thank you very much!

I submitted my H&C application in Nov 2022, AIP in June 2024. So far is still under background check. It appears that this police charge has triggered a big issue.

Seems odd that you either didn’t get a PFL first and/or misrepresentation was mentioned without any consequences.

 

[Lily2024]

Seems odd that you either didn’t get a PFL first and/or misrepresentation was mentioned without any consequences.

Yeah it is weird. That person is very suspicious towards me. In the letter, I can tell that he/she was not satisfied and in doubt about several things, not just the police charge. The reason why I checked "No" was because I was not sure if it meant any country including Canada , or excluding Canada. I was lazy so I didn't figure it out. All the other information I provided was all true and that person was simply being picky on me

All my previous work permit application I submitted with the same answer, they all got approved but only this time was unlucky. So I was thinking if they are deciding to reject my H&C application. Hope my H&C application will give me a PFL if anything bad happens

 

[canuck78]

Yeah it is weird. That person is very suspicious towards me. In the letter, I can tell that he/she was not satisfied and in doubt about several things, not just the police charge. The reason why I checked "No" was because I was not sure if it meant any country including Canada , or excluding Canada. I was lazy so I didn't figure it out. All the other information I provided was all true and that person was simply being picky on me

All my previous work permit application I submitted with the same answer, they all got approved but only this time was unlucky. So I was thinking if they are deciding to reject my H&C application. Hope my H&C application will give me a PFL if anything bad happens

The agent certainly had grounds if you had not selected yes so wouldn’t say they are being picky. You made a significant error on your application. That said any inconsistency will be flagged by IRCC these days. The days of leniency are over although to be fair criminal charges were never overlooked.

 

[Lily2024]

The agent certainly had grounds if you had not selected yes so wouldn’t say they are being picky. You made a significant error on your application. That said any inconsistency will be flagged by IRCC these days. The days of leniency are over although to be fair criminal charges were never overlooked.

yeah, he/she has every right to reject. The reason why I said picky was from what he/she stated, he/she had several suspects on my application and the "police charge" is the one that can be verified by him/her.
Plus, all the other applications were approved and I believe all the other agents were aware of it. I was careless but I have nothing to hide as I know they have access to everything long time ago. Also as you said, there was no Pfl

 

[ohaurela]

Hi everyone,

Today I received a letter from the Work permit office telling me that my application was refused. The reason was because I didn't disclose that I had a police charge in 2017. His/her reason is below:

"I am not satisfied that you have truthfully answered all questions in the documents you have submitted in support of your application, as required by subsection 16(1) of the IRPA.
Specifically, I am not satisfied that the following information is truthful: “Have you ever committed, been arrested for, been charged with or convicted of any criminal
offence in any country?”

In this case, this person is accusing me of "misrepresentation" and I am afraid it will be reported to the H&C office and thus my H&C application will be finally denied.

I don't have a criminal record, but I got a police charge of "mischief" and "assault" in 2017 but ended up with a "peace bond" which completed in 2018. This incident started with another woman's fault. She provoked me first when it was non of her business. She first insulted me, pointed her finger at me and pushed her body against me when the security guys were there. Then I went to her store, kicked down the mannequin. She then grabbed my clothes and purse and I grabbed her hair... Long story short, the police came and saw the footage from her store and arrested me. In the statement to the court, this police was quite biased and unfair and didn't present the whole story; he only mentioned how I "brutally" attacked the woman but didn't mention anything from the beginning nor did he mention the woman attacked me first twice. This woman was also very dishonest, there was a bruise on her hand that she got injured before, but she lied that it was from my attack. In 2018, she got several charges of selling counterfeits.

Today I called IRCC, an agent told me that I have passed the security and medical part, but the criminality part is still under processing. I asked my lawyer if i should write a letter to the H&C office to explain the police charge, he told me not to do it. (I asked him before I knew the refusal of my work permit). I heard that usually the security part is the last and the criminality is the first one to check. I am really worried that my permanent residence application will be rejected because of this police charge.

Do I worry to much or I am in a critical situation? Please give some insight, thank you very much!

I submitted my H&C application in Nov 2022, AIP in June 2024. So far is still under background check. It appears that this police charge has triggered a big issue.

They are not “accusing” you of misrepresentation. You failed to state your charge and were quite literally misrepresenting.

 

[Lily2024]

They are not “accusing” you of misrepresentation. You failed to state your charge and were quite literally misrepresenting.

I came here not for any "wording" or langsuge issue, nor did I seek to prove whether or not I misrepresented myself . If you don't have anything suggestive or relevant, please don't say it. And If there's not any sort of accusation , the work permit would have been issued.