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Forgot to mention previous visa refusal :( Please help

caipsnotes

Champion Member
Jan 10, 2020
2,493
1,059
Canada
Category........
FSW
Visa Office......
Buffalo, NY
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 .
Why should #2 be changed to Yes if you have correctly stated No previously.
 
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Shergillavi23

Star Member
Aug 23, 2020
56
15
Why should #2 be changed to Yes if you have correctly stated No previously.
Thank you for your prompt response . This is what actually is confusing me whether 'NO' to second question is the correct answer in my situation ?
As I have read in many threads stating that answer to both the questions should be 'YES' .
But I don't understand why would a question that would have same answer be asked twice , the wording of second question is really confusing .
 

legalfalcon

VIP Member
Sep 21, 2015
19,047
9,915
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
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 .
The answer to both the questions should have been yes since you have been "refused a visa," i.e. PR visa.

Since you have answers yes to one of them and provided the reason, you ned not worry. To be safe, just send a webform, though not required as you have disclosed the prior refusal with reasons.

The two questions are there fore a reasons. While the first specifically asks you for PNP, Quebec CSQ, refugee, asylum etc. and the second one is more specifically targets visa / permit refusal or a removal order.
 

Shergillavi23

Star Member
Aug 23, 2020
56
15
The answer to both the questions should have been yes since you have been "refused a visa," i.e. PR visa.

Since you have answers yes to one of them and provided the reason, you ned not worry. To be safe, just send a webform, though not required as you have disclosed the prior refusal with reasons.

The two questions are there fore a reasons. While the first specifically asks you for PNP, Quebec CSQ, refugee, asylum etc. and the second one is more specifically targets visa / permit refusal or a removal order.
Thank you @legalfalcon for the response .
Since I am inland applicant , I wont be issued a stamped visa on my passport , however if I was an outland applicant I would have got a stamp to enter the country . Thinking on these lines only I replied 'NO' to second question . Also at another place in the EE application it asks whether you applied for express entry before , there also I have mentioned YES and provided the previous application number .

However if you suggest to raise a webform , May I please know how exactly the situation be explained in webform so that it doesn't create any misunderstanding .
Should I say, I mistakenly answered that 'NO" or should I say that I want to inform that I need to update the answer to Statutory question 6.e to 'YEs' and provide the refusal letter along with it .
Inputs would be really appreciated .
Regards
 
Last edited:

legalfalcon

VIP Member
Sep 21, 2015
19,047
9,915
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
Thank you @legalfalcon for the response .
Since I am inland applicant , I wont be issued a stamped visa on my passport , however if I was an outland applicant I would have got a stamp to enter the country . Thinking on these lines only I replied 'NO' to second question . Also at another place in the EE application it asks whether you applied for express entry before , there also I have mentioned YES and provided the previous application number .

However if you suggest to raise a webform , May I please know how exactly the situation be explained in webform so that it doesn't create any misunderstanding .
Should I say, I mistakenly answered that 'NO" or should I say that I want to inform that I need to update the answer to Statutory question 6.e to 'YEs' and provide the refusal letter along with it .
Inputs would be really appreciated .
Regards

A stamp on your passport is not required. And not all country stamp your passport when you enter or issue a visa, if you are from a visa exempt country.

However, just send a webform, and in that mention that you inadvertently missing or incorrectly answered the question as no, when it should have bene yes, as your express entry application (number), filed on [date] was refused.
 

Kasuri herath

Newbie
May 4, 2021
1
0
I'm
I guess the right thing would be to raise a CSE, but then If I disclose, I am afraid it will be inconsistent with my previous submission for student visas and work permits, where I never mentioned the refusal. Not really sure what to do :(.
al
@legalfalcon, I am in a similar situation. My UK visit visa was refused a couple of years ago. I am already in Canada and received the AOR on July 5, 2018. I got my student visa and PGWP without mentioning the UK's visa refusal. So I didn't mention it in the PR application either. I feel like raising a CSE will further complicate things. What would be the right course of action? Should I just let me be or raise a CSE?
I'm also in the same situation I need your advice on what happens with your application? Please tell me. what did you do?
 

Mpmp

Star Member
Mar 18, 2021
172
33
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
Hello I have same problem did you disclose in study and work visa?
 

Jasmrahar

Full Member
May 9, 2021
20
1
Hello folks,
I'm totally streesed out at this point of time and need your genuine guidance.
I have submitted my pr application and my eAPR is 13th June.
However, today I just realized a grave mistake of not mentioning my spouse's UK previous travel visa rejection (in 2014) as we both totally forgot about it. My spouse is indicated as non accompanying.
I understand that this is a serious matter and can lead to rejection and a ban.:(
Now I'm thinking of raising a CSE and explain everything and also provide rejection letter.
What else should I do in this case? Has anyone gone thru this?
I'd appreciate response from senior members like @legalfalcon
Thanks
Hello , have your issues resolved. What have you done that time . I m in a same situation.
 

terki

Champion Member
Nov 16, 2012
1,965
198
37
FLORIDA - MIAMI
LANDED..........
DUAL-CITIZEN - USA/CANADA
@legalfalcon,

If you could clarify please:

One of my friend recently applied for Canada PR via CEC - He clearly disclosed past USA F1 Visa refusal when filing E-apr

However failed to declare USA Visa in his PGWP -

I understand applicants should truthfully declare all info; however this person missed it somehow.

By not stating a past usa refusal on pgwp - is this info material for pgwp decision ? Should my friend be worried ? Kindly offer your expert opinons.
 

scylla

VIP Member
Jun 8, 2010
95,668
21,987
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
@legalfalcon,

If you could clarify please:

One of my friend recently applied for Canada PR via CEC - He clearly disclosed past USA F1 Visa refusal when filing E-apr

However failed to declare USA Visa in his PGWP -

I understand applicants should truthfully declare all info; however this person missed it somehow.

By not stating a past usa refusal on pgwp - is this info material for pgwp decision ? Should my friend be worried ? Kindly offer your expert opinons.
Yes, this can be material.

If the PGWP was already approved, no need to do anything.

If the PGWP is still being processed, submit a case specific inquiry asap to correct this error.
 

terki

Champion Member
Nov 16, 2012
1,965
198
37
FLORIDA - MIAMI
LANDED..........
DUAL-CITIZEN - USA/CANADA
Yes, this can be material.

If the PGWP was already approved, no need to do anything.

If the PGWP is still being processed, submit a case specific inquiry asap to correct this error.
Thanks Scylla for your comments :

PGWP was approved under the recent public policy criteria for 18 months -
How on what basis do you think it could have been material.
I am just gathering facts in defence... [PL]

now in Pr application- application has declared usa visa refusal [F1]
 

t-34

Newbie
Jun 2, 2021
2
0
@legalfalcon, I am in a similar situation. My UK visit visa was refused a couple of years ago. I am already in Canada and received the AOR on July 5, 2018. I got my student visa and PGWP without mentioning the UK's visa refusal. So I didn't mention it in the PR application either. I feel like raising a CSE will further complicate things. What would be the right course of action? Should I just let me be or raise a CSE?
What happened when you raised a CSE ? I am in the same situation.
 

AishB

Hero Member
Sep 29, 2020
930
280
Category........
FSW
Visa Office......
NDVO
AOR Received.
13-02-2021
Passport Req..
30-08-2022
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>
@legalfalcon I just declared via webform about my UK student visa reject and explained that it had completely slipped my mind and why the visa was rejected. I am not sure where in the process is my application, will this be enough or do I have to send a LOE and email IRCC?
 

legalfalcon

VIP Member
Sep 21, 2015
19,047
9,915
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
@legalfalcon I just declared via webform about my UK student visa reject and explained that it had completely slipped my mind and why the visa was rejected. I am not sure where in the process is my application, will this be enough or do I have to send a LOE and email IRCC?

As long as you have voluntarily declared your visa refusal, you need not worry.