Forgot to mention previous visa refusal :( Please help

[Seastar]

@legalfalcon I would really appreciate it if you can help me with this. I don't know how much I should explain about the inconsistency.
Thank you so much for yourtime and consideration,

Hello,
Is there any update for your case? Do you get your visa or PR? Thank you for your response.

 

[aabir]

You are fine my friend. You did the right thing. Now enjoy. I never see a single case get refused after uploading the webform and correct the mistake.

during my study visa , pgwp and trv application i selected "no" by mistake for the question " if i was refused any visa from any country.

Now while applying for Express Entry i realised i had one visa rejection , so i selected "yes "this time.

Will there be any issue or do I need to provide a LOE for my mistake in study and work permit application while filing PR application even though I am disclosing truthfully this time. I am confused .

 

[Seastar]

during my study visa , pgwp and trv application i selected "no" by mistake for the question " if i was refused any visa from any country.

Now while applying for Express Entry i realised i had one visa rejection , so i selected "yes "this time.

Will there be any issue or do I need to provide a LOE for my mistake in study and work permit application while filing PR application even though I am disclosing truthfully this time. I am confused .

Hi,

This is my concern too, If you will get new information, please share here. It would be helpful. Thanks.

 

[aabir]

Hi,

This is my concern too, If you will get new information, please share here. It would be helpful. Thanks.

what did you do?

 

[aabir]

hello zee one of my frinds already got work permits and study permits but she has not informed previous visa reject aus. now she apply for pr and has not informed this to them. what do you suggest to do now? is this a problem?

what happened to your friend? got Pr?

 

[Seastar]

what did you do?

Already nothing, I am searching about this. I have the same situation like you. I am worried about my future PR application.

 

[aabir]

during my study visa , pgwp and trv application i selected "no" by mistake for the question " if i was refused any visa from any country.

Now while applying for Express Entry i realised i had one visa rejection , so i selected "yes "this time.

Will there be any issue or do I need to provide a LOE for my mistake in study and work permit application while filing PR application even though I am disclosing truthfully this time. I am confused if I need to declare about old mistake.

Please help @legalfalcon

 

[legalfalcon]

during my study visa , pgwp and trv application i selected "no" by mistake for the question " if i was refused any visa from any country.

Now while applying for Express Entry i realised i had one visa rejection , so i selected "yes "this time.

Will there be any issue or do I need to provide a LOE for my mistake in study and work permit application while filing PR application even though I am disclosing truthfully this time. I am confused if I need to declare about old mistake.

Please help @legalfalcon

If you had a refusal before, and you did not mention it, you have to inform IRCC and provide a LoE.

All your visa refusals should be declared in your application, not doing so can lead to misrepresentation. As per law, you have an obligation to be truthful. 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.

See Tuiran v. Canada (Citizenship and Immigration), 2018 FC 324 (CanLII), <http://canlii.ca/t/hr59k
Alalami v. Canada (Citizenship and Immigration), 2018 FC 328 (CanLII), <http://canlii.ca/t/hr6r1>

If you file any application with IRCC, for a 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 why you omitted the information has to be provided.

The 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

 

[aabir]

If you had a refusal before, and you did not mention it, you have to inform IRCC and provide a LoE.

All your visa refusals should be declared in your application, not doing so can lead to misrepresentation. As per law, you have an obligation to be truthful. 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.

See Tuiran v. Canada (Citizenship and Immigration), 2018 FC 324 (CanLII), <http://canlii.ca/t/hr59k
Alalami v. Canada (Citizenship and Immigration), 2018 FC 328 (CanLII), <http://canlii.ca/t/hr6r1>

If you file any application with IRCC, for a 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 why you omitted the information has to be provided.

The 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

Hi @legalfalcon ,
What do you suggest I do now to be safe?

 

[Seastar]

If you had a refusal before, and you did not mention it, you have to inform IRCC and provide a LoE.

All your visa refusals should be declared in your application, not doing so can lead to misrepresentation. As per law, you have an obligation to be truthful. 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.

See Tuiran v. Canada (Citizenship and Immigration), 2018 FC 324 (CanLII), <http://canlii.ca/t/hr59k
Alalami v. Canada (Citizenship and Immigration), 2018 FC 328 (CanLII), <http://canlii.ca/t/hr6r1>

If you file any application with IRCC, for a 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 why you omitted the information has to be provided.

The 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

Hi,
Is it necessary to explain the reason for forgetting visa refusal in the previous application when we will apply for PR? Or only tick yes in the new application? Thanks for your reply.

 

[sbali]

Hi,
Is it necessary to explain the reason for forgetting visa refusal in the previous application when we will apply for PR? Or only tick yes in the new application? Thanks for your reply.

No need to explain
Just mention that you missed it by mistake

In any case you would have got ITA .

 

[peedahai]

I am also facing the same issue, but the problem is i m not having the refusal letter.it is some how misplaced. did u get any update from them regarding the same?

 

[sbali]

I am also facing the same issue, but the problem is i m not having the refusal letter.it is some how misplaced. did u get any update from them regarding the same?

Just mention whatever you remember, also mention that you lost the refusal letter.

If you remember the main reason for refusal then mention that.

If it was a case of misrepresentation then it can be a little serious case, but don't worry.

When was it refused? Older the refusal better it is.

Remember a TRV refusal normally has nothing to do with PR application because of their nature

 

[legalfalcon]

Hi,
Is it necessary to explain the reason for forgetting visa refusal in the previous application when we will apply for PR? Or only tick yes in the new application? Thanks for your reply.

You have to provide an explanation.

 

[Seastar]

You have to provide an explanation.

Thanks for your reply. Could you please explain more? how can I justify it?