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Mayank821

Newbie
Feb 17, 2020
5
0
@legalfalcon I received an ITA today with crs score 478 . I have 3 years of work experience i.e 1.5 years in primary Noc code A and rest 1.5 in Noc B . I applied for canada visitor visa 1 year ago where i mentioned about work experience of NOC A but forgot to mention about NOC B as it was part time work experience which i gained during studies. Now would it be seen as misinterpretation as i didnt mention one work experience during visitor visa application but now i am claming points for it in express entry fsw?
Kindly help me with this query.
@legalfalcon please help me
 

legalfalcon

VIP Member
Sep 21, 2015
19,048
9,916
Montréal, Quebec, Canada
Category........
FSW
Visa Office......
Ottawa
NOC Code......
4112
App. Filed.......
03-09-2015
Doc's Request.
01-10-2015
AOR Received.
03-09-2015
Med's Done....
17-08-2015
Passport Req..
05-04-2016
VISA ISSUED...
12-04-2016
LANDED..........
05-05-2016

All applications you file have to be consistent. If there was anything missing, you need to explain it. As long as you can explain it, you are fine. IRCC can look into your prior applications for consistency.

I wrote a post on this sometime ago and reposting it here:

The issue was, whether prior TRV application in which an employment detail was left out can be added to the PR application, and would this inconsistency be of any concern.

The answer is simple. 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.

Now I will not be deliberating that if the prior application was refused, why it should be looked into again, or you file a TRV before and you did not disclose an employment but subsequently claimed pints for it in PR and got a PPR without any issues. This is all anecdotal. Just because someone was not caught, does not make him innocent.

They 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. Read - Suri v. Canada available at http://canlii.ca/t/grvwt

Federal courts have ruled on this numerous times.

Similarly, in the case of In Goburdhun v Canada (Citizenship and Immigration), 2013 FC 971 at para 28, Justice Strickland summarized the key considerations outlined in the jurisprudence, including the fact that paragraph 40(1)(a) is to be given a broad interpretation, capturing misrepresentations even if made by a third party such as a consultant, without the knowledge of the applicant (see also Wang v Canada (Citizenship and Immigration), 2015 FC 647 at para 25). The only exception to this rule is narrow and applies in the truly extraordinary circumstances where an applicant honestly and reasonably believed that they were not misrepresenting a material fact and knowledge of the misrepresentation was beyond the applicant’s control.
The above is a general rule and each case is different. Just because you missed declaring a work experience does not mean it is misrepresentation. However, it depends on individual circumstances.
 

Dullat

Full Member
Jan 15, 2020
38
7
Great. Mine is Edmonton too. AOR 9th Oct
Eligibility Recommended pass.
I hope i will get GU 3 next week.

Share once you get the good news :)
Sure i had the same status last week
Eligibility- recomended pass
They are actually following aor by first come first
 

Tess007

Star Member
Sep 30, 2019
76
10
47 days remaining
74% progress
Oct 7th
Verifying Eligibility
security - not initiated
Criminal bg - valid
File in Etobicoke, Ontario

Does anyone have any idea of how long eligibility and security checks take?
 

shanelfc

Full Member
Jan 29, 2020
24
1
47 days remaining
74% progress
Oct 7th
Verifying Eligibility
security - not initiated
Criminal bg - valid
File in Etobicoke, Ontario

Does anyone have any idea of how long eligibility and security checks take?
Eligibilty takes the maximum time in normal cases , so call them after few weeks to understand if it passed.