Forgot to mention previous visa refusal :( Please help

[lindahe0707]

Did you get any update after filling and submitting Background declaration form ?

Not yet. I am still waiting.

 

[Sunny9893]

Not yet. I am still waiting.

Oh okay. What’s your AOR and when you submitted that form ?

 

[akansha.1111]

I have applied for the study visa to Canada on the 18th of November.
Prior to this, I have studied at the UK, for my undergrad and Masters.
When I applied for visa for my undergrad in the UK, it was refused since the funds in the back account was not held for the required number of days.
I made the necessary changes and applied again and was granted the UK Study visa. This was in 2012.
For my Masters in the UK, I faced no problem and was granted it in the first try.

Now, I applied for my Canada Study visa and forgot about the first rejection while filing for the visa since I thought I eventually got the visa.
But I realized that it might have been a mistake so I raised a webform and explained everything to IRCC. I also emailed the CHC Delhi.
I haven’t received any updates so far.
I was wondering if this could lead to any problems? @legalfalcon please help.

Thanks !

 

[legalfalcon]

I have applied for the study visa to Canada on the 18th of November.
Prior to this, I have studied at the UK, for my undergrad and Masters.
When I applied for visa for my undergrad in the UK, it was refused since the funds in the back account was not held for the required number of days.
I made the necessary changes and applied again and was granted the UK Study visa. This was in 2012.
For my Masters in the UK, I faced no problem and was granted it in the first try.

Now, I applied for my Canada Study visa and forgot about the first rejection while filing for the visa since I thought I eventually got the visa.
But I realized that it might have been a mistake so I raised a webform and explained everything to IRCC. I also emailed the CHC Delhi.
I haven’t received any updates so far.
I was wondering if this could lead to any problems? @legalfalcon please help.

Thanks !

All visa refusals should be disclosed. IF you are unaware of any, you can explain it in LoE. If you did not disclose it in your application, you can send a webform and inform IRCC of the same.

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>

 

[akansha.1111]

All visa refusals should be disclosed. IF you are unaware of any, you can explain it in LoE. If you did not disclose it in your application, you can send a webform and inform IRCC of the same.

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>

Thank you for your reply. I did inform IRCC by raising a webform and also dropped an email to CHC Delhi explaining the situation.
Also my eligibility review hasn’t started yet and I already informed IRCC of my mistake.
Will it be all fine since I informed them even before they started reviewing my study permit application?
Thanks !

 

[legalfalcon]

Thank you for your reply. I did inform IRCC by raising a webform and also dropped an email to CHC Delhi explaining the situation.
Also my eligibility review hasn’t started yet and I already informed IRCC of my mistake.
Will it be all fine since I informed them even before they started reviewing my study permit application?
Thanks !

As long as you have disclosed, no need to be concerned.

 

[smm_0411]

I’m in the same situation, I had US visa rejection in 2004 and totally forgot about it. I did not disclosed this in my student visa and pgwp.
Now I will be submitting our PR application and just want to know how I will correct this unintentional mistake. Thank you

 

[Monte6661]

@legalfalcon - I am FSW – Outland (PNP) with below details.

AOR: 22-Sep-20
Medical: Passed
Eligibility: Passed
Security: Not Started
Criminality: Passed

My spouse had applied for Study permit for UK in 2005 (16 years back), for which her passport was returned back with comments as "NS - Not Satisfactory". There wasn’t any refusal letter sent along. However, we inadvertently forgot to mention this in our PNP and FSW PR application.

Given the current stage of the application, should I wait for the CIC to send the ADR and then update them about this or should I proactively tell them by raising the webform? Request your expert guidance on the matter.

 

[legalfalcon]

@legalfalcon - I am FSW – Outland (PNP) with below details.

AOR: 22-Sep-20
Medical: Passed
Eligibility: Passed
Security: Not Started
Criminality: Passed

My spouse had applied for Study permit for UK in 2005 (16 years back), for which her passport was returned back with comments as "NS - Not Satisfactory". There wasn’t any refusal letter sent along. However, we inadvertently forgot to mention this in our PNP and FSW PR application.

Given the current stage of the application, should I wait for the CIC to send the ADR and then update them about this or should I proactively tell them by raising the webform? Request your expert guidance on the matter.

It is your responsibility to inform IRCC. If you inadvertently forgot to mention a prior visa refusal, you should send a webform and inform IRCC.

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 inadvertently missed declaring your prior visa refusal in your PNP and IRCC, then you should inform the province and also answer the questions truthfully in your EE application, and/or send a webform.

 

[Monte6661]

It is your responsibility to inform IRCC. If you inadvertently forgot to mention a prior visa refusal, you should send a webform and inform IRCC.

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 inadvertently missed declaring your prior visa refusal in your PNP and IRCC, then you should inform the province and also answer the questions truthfully in your EE application, and/or send a webform.

@legalfalcon Thanks for clarification. Appreciate your prompt guidance. I will inform IRCC using webform, so as to comply with the “”Statutory Questions” in the CIC application.

However, as per the “Schedule A” submitted during PNP states the following question.

“d) been refused status, an immigrant or permanent resident visa or visitor or temporary resident visa, to Canada or any other Country or territory?

e) been refused admission to, or ordered to leave, to Canada or any other Country or territory?”

Does the above question also include declaring study visa refusal? Appreciate your guidance.

 

[legalfalcon]

@legalfalcon Thanks for clarification. Appreciate your prompt guidance. I will inform IRCC using webform, so as to comply with the “”Statutory Questions” in the CIC application.

However, as per the “Schedule A” submitted during PNP states the following question.

“d) been refused status, an immigrant or permanent resident visa or visitor or temporary resident visa, to Canada or any other Country or territory?

e) been refused admission to, or ordered to leave, to Canada or any other Country or territory?”

Does the above question also include declaring study visa refusal? Appreciate your guidance.

YEs, if you read the above carefully, its specifically asks for "visitor or temporary resident visa" to Canada or any other Country or territory?

The TRV will include study visa / visitor's visa / work visa or any other visa that you applied for Canada or any other country or territory.

 

[Amanda2345]

Please I’m in the same boat and really need help. Can writing PNP lead to withdrawal of nomination? I just realised this mistake two months after AOR, I failed to mention a uk and USA reject which was later still approved... I have raised a webform for IRCC but confused as regards PNP, should I inform them? Please help

 

[LWD]

a provincial nomination is not a visa.You dont need to disclosure it

Can somebody else confirm this as true? @legalfalcon

 

[LWD]

Hi everybody,

My situation is as follows;

2018 - I had a PNP application refused.
2019 - Study permit to Canada approved (my consultant did not disclose my PNP application refusal)

I am nearing the end of my studies and will be applying for a PGWP next month.

Should I raise this failure to report on a webform? I am hearing conflicting reports that a PNP application refusal does not count as a visa refusal? Can somebody please confirm?

Thank you.

 

[Shergillavi23]

Hello ,
I have submitted my EE profile in february 2021 . Now I am really confused with the answer to the statutory questions.
I have answered the below two questions as :
1. Has <Name> been refused refugee status, or an immigrant or permanent resident visa (including a Certificat de sélection du Québec (CSQ) or application to the Provincial nominee Program) or visitor or temporary resident visa, to Canada or any other country? YES, as I have a prior Express entry refusal and I have mentioned the refusal reason along with application number in the details section.

2. Has <Name> ever been refused a visa or permit, denied entry or ordered to leave Canada or any other country?: NO , since I was always inside Canada and I have never been refused any visa or permit that would restrict my entry or would order me to leave Canada or any other country.

Can someone in the same situation or senior member @legalfalcon help me decide if I shall raise a webform explaining and correcting answer of second question to YES or , if it okay as I have declared my refusal in the first question and it wont appear misinterpretation in this case .
Really appreciate the response .