Have you ever been refused a visa or permit, denied entry or ordered to leave Canada or any other country or territory?" you responded "No

[AlliyB]

Hi guys,

Kindly advice. I applied for my Student Visa May 13, 2021 and they just got back to today 4th of August 2022. I've been denied before in 2018 but the agency that helped to submit the application said NO that I haven't.

This is the respond:

I have reasonable grounds to believe that you have not 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, On your application, when asked "Have you ever been refused a visa or permit, denied
entry or ordered to leave Canada or any other country or territory?" you responded "No". I
believe this to be a false statement. I have reason to believe you have previously been refused a visa
or visas to the US. Please explain the discrepancy. This is a material fact that could have induced
an error in the administration of the Act.
Please note that if it is found that you have engaged in misrepresentation in submitting your application
for a temporary resident 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(2) The following provisions 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 15 days from the
date of this letter to make any representations in this regard. If you do not respond to this request within
the time outlined above, your application will be refused.


Please can anyone advice me on how to respond. I was denied in 2018 and I think the person that helped with the application stated " NO" in the application.

Thank you so much

 

[Naturgrl]

Hi guys,

Kindly advice. I applied for my Student Visa May 13, 2021 and they just got back to today 4th of August 2022. I've been denied before in 2018 but the agency that helped to submit the application said NO that I haven't.

This is the respond:

I have reasonable grounds to believe that you have not 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, On your application, when asked "Have you ever been refused a visa or permit, denied
entry or ordered to leave Canada or any other country or territory?" you responded "No". I
believe this to be a false statement. I have reason to believe you have previously been refused a visa
or visas to the US. Please explain the discrepancy. This is a material fact that could have induced
an error in the administration of the Act.
Please note that if it is found that you have engaged in misrepresentation in submitting your application
for a temporary resident 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(2) The following provisions 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 15 days from the
date of this letter to make any representations in this regard. If you do not respond to this request within
the time outlined above, your application will be refused.


Please can anyone advice me on how to respond. I was denied in 2018 and I think the person that helped with the application stated " NO" in the application.

Thank you so much

This is a 5 year ban. You need to see the form you signed as the answer should have been YES. You need to say that yes you received a refusal with the year and reasons. Whether it is overturned is up to IRCC. You may want to get a Canadian immigration lawyer (not consultant) involved. You can’t say it was your agent’s fault as you signed the document.

 

[Pravee_S]

This is a 5 year ban. You need to see the form you signed as the answer should have been YES. You need to say that yes you received a refusal with the year and reasons. Whether it is overturned is up to IRCC. You may want to get a Canadian immigration lawyer (not consultant) involved. You can’t say it was your agent’s fault as you signed the document.

My friend's situation is that his US B1 visa was initially rejected in 2012 and again in the second attempt approved, and he travelled sucessfully. However is his current study permit application while he has mentioned about his B1 visa he has failed to mention the rejection and chose NO as the answer.

Would raising a webform and notifying them would suffice or do you suggest to withdraw the applicantion and resubmit

 

[scylla]

My friend's situation is that his US B1 visa was initially rejected in 2012 and again in the second attempt approved, and he travelled sucessfully. However is his current study permit application while he has mentioned about his B1 visa he has failed to mention the rejection and chose NO as the answer.

Would raising a webform and notifying them would suffice or do you suggest to withdraw the applicantion and resubmit

No is 100% the wrong answer. He has a refusal. Yes, he needs to raise a webform asap.

 

[Pravee_S]

No is 100% the wrong answer. He has a refusal. Yes, he needs to raise a webform asap.

Thanks for the reply so you suggest that he update the imm1294e and attach it via a webform instead of withdrawing and reapplying?

 

[Simba112]

Thanks for the reply so you suggest that he update the imm1294e and attach it via a webform instead of withdrawing and reapplying?

Update imm1294, attach with note and upload on webform. You dont have to withdraw your application and reapply

 

[Pravee_S]

Update imm1294, attach with note and upload on webform. You dont have to withdraw your application and reapply

Thank you!!!

 

[anuragipushp]

Hi guys,

Kindly advice. I applied for my Student Visa May 13, 2021 and they just got back to today 4th of August 2022. I've been denied before in 2018 but the agency that helped to submit the application said NO that I haven't.

This is the respond:

I have reasonable grounds to believe that you have not 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, On your application, when asked "Have you ever been refused a visa or permit, denied
entry or ordered to leave Canada or any other country or territory?" you responded "No". I
believe this to be a false statement. I have reason to believe you have previously been refused a visa
or visas to the US. Please explain the discrepancy. This is a material fact that could have induced
an error in the administration of the Act.
Please note that if it is found that you have engaged in misrepresentation in submitting your application
for a temporary resident 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(2) The following provisions 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 15 days from the
date of this letter to make any representations in this regard. If you do not respond to this request within
the time outlined above, your application will be refused.


Please can anyone advice me on how to respond. I was denied in 2018 and I think the person that helped with the application stated " NO" in the application.

Thank you so much

Chances of you getting banned for misrepresentation are really high. If that happens, I'd suggest going for the legal route by putting forward the case as an honest mistake but do not keep your hopes high. It is your obligation to fill the form with the correct details. I have read about a federal court case similar to your situation but in that case, the applicant mentioned about their UAE visa while not mentioning about their US visa refusals hence the idea of an "honest mistake" was overruled by the judge. Regardless of the situation, odds are against you on this one because it wasn't really an honest mistake as you clearly let the agent put in false information even though you knew it all from the get go. Good luck nonetheless.

 

[AlliyB]

This is a 5 year ban. You need to see the form you signed as the answer should have been YES. You need to say that yes you received a refusal with the year and reasons. Whether it is overturned is up to IRCC. You may want to get a Canadian immigration lawyer (not consultant) involved. You can’t say it was your agent’s fault as you signed the document.

Thanks you so much. Getting a Canada immigration Lawyer now might not meet up with the time frame as I've only been given 15days to respond. Though I'm in the UK already but 5 years ban isn't a good thing

 

[AlliyB]

Chances of you getting banned for misrepresentation are really high. If that happens, I'd suggest going for the legal route by putting forward the case as an honest mistake but do not keep your hopes high. It is your obligation to fill the form with the correct details. I have read about a federal court case similar to your situation but in that case, the applicant mentioned about their UAE visa while not mentioning about their US visa refusals hence the idea of an "honest mistake" was overruled by the judge. Regardless of the situation, odds are against you on this one because it wasn't really an honest mistake as you let the agent put in false information even though you knew it all from the get-go. Good luck nonetheless.

Thanks so much. No, I didn't tell the agent I didn't have a refusal. I remembered I sent him my denial documents which he acknowledged to have uploaded. Now, my question, is it possible to be able to download or view those documents submitted during the application? If it's possible and I could find the refusal documents there, then I think it would be easier to say it was an input error as the refusal documents were uploaded.

Pls advice

 

[DesiPikachu]

Thanks you so much. Getting a Canada immigration Lawyer now might not meet up with the time frame as I've only been given 15days to respond. Though I'm in the UK already but 5 years ban isn't a good thing

You still have 10 days or so. There are plenty of lawyers who'll draft a reply to the PFL in that time. 15 days is given to almost everyone - you aren't unique. Lawyers know the short timeline with PFLs. See my reply in your other thread.

 

[anuragipushp]

Thanks so much. No, I didn't tell the agent I didn't have a refusal. I remembered I sent him my denial documents which he acknowledged to have uploaded. Now, my question, is it possible to be able to download or view those documents submitted during the application? If it's possible and I could find the refusal documents there, then I think it would be easier to say it was an input error as the refusal documents were uploaded.

Pls advice

You still have 10 days or so. There are plenty of lawyers who'll draft a reply to the PFL in that time. 15 days is given to almost everyone - you aren't unique. Lawyers know the short timeline with PFLs. See my reply in your other thread.

This.

 

[AlliyB]

Thanks Desi,

Pls, check this draft. Is it a bit convincing?

TO:
Immigration, Refugees and Citizenship Canada

Sub: Letter of Explanation

Dear Visa Officer,
I BAA, am writing this letter regarding my application NO: S3xxxxx for Temporary Travel Visa (Student Visa). To elevate your concern, I would like to explain the discrepancy in my application and my refusal history.
It is imperative to state that I had Canada Visa Refusal (Student Visa) on November 18, 2019. I also have two (2) refusals in the United States. The first one was June 18, 2019, on this occasion I was not denied at the point of interview. I was asked to send my Sponsor’s bank statement and my passport. This was a period when the US government put a temporary hold on issuance of Student Visa. The second one was September 4, 2021, with, on this occasion I was denied at the point of interview after I was asked if I had travel out of the country before. As at then, I have not travelled out of my home country (Nigeria) as I never had the reason to but now, I am in the United Kingdom on student Visa.
Kindly find attached copy of the Canada refusal letter and the first refusal letter for USA as it was sent via email. I am not in possession of the second refusal letter, it was a refusal at the point of interview, and I do not have the letter here. However, I have attached copy of the appointment letter for both for your reference.

Application Discrepancy:
As at the time of the application, while I was in a rush to submit my application before May 14, 2021, so I could get a respond in August 2021 as stated on the IRCC website then. I mistakenly chose NO in the session that asked ‘’Have you ever been refused a visa or permit, denied entry or ordered to leave Canada or any other country or territory? It was not my intention to lie nor mislead the highly reputable Immigration, Refugees and Citizenship Commission on my background history, knowing fully well that the US and Canada share information and that the Canada Embassy has the record of my previous refusal. This is a grave and very regretful error on my part and I take full responsibility for it.

 

[AlliyB]

This is a 5 year ban. You need to see the form you signed as the answer should have been YES. You need to say that yes you received a refusal with the year and reasons. Whether it is overturned is up to IRCC. You may want to get a Canadian immigration lawyer (not consultant) involved. You can’t say it was your agent’s fault as you signed the document.

Hi Everyone,
A quick update on my PFL
For me, I didn't get a Lawyer; I didn't have money to pay because the price was much. Secondly, none of those I contacted responded and I've got limited time. I drafted the letter myself and got it reviewed by a friend and my brother. Four weeks later, I received an email requesting my updated Acceptance letter and new POF. NO DENIAL! NO BAN!

However, I had to withdraw the application later. I was able to get the Acceptance Letter from the university though.
Reason for Withdrawal: I can't provide them with a POF within the limited days I was given (two weeks).

As such, I wrote to them I would not be continuing with the application as I already bagged a Masters's Degree in the United Kingdom. I sent all the necessary proof of Study in the UK. I added I might reapply in the nearest future but not this time. My withdrawal approval came back 2weeks after.



Note* I requested to withdraw my application after the PFL issue has been resolved.

 

[liliass]

I would like to share my case here,

I got a work permit and it will automatically renew my eTA. which I didnt know that and apply eTA again.

When I was applying my eTA at the time, I answered No in refusal visa. and they want me to explain in 10 days.
I wrote them a sorry letter and it was a mistake to reapply a new eta again because my eTA has planty of years to expire.

4 weeks later, they approved my eTA.

Now i am applying my PR. I hope they will let me go through. God bless me.