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Forgot to mention visa refusal

Sunny329

Hero Member
Jul 23, 2018
502
66
If you disclose it, you will be fine. Just send a web form and inform IRCC. Such mistakes are common and as long as you disclose them, you need not worry.
Thanks you relieved my stress
So after webform by informing you mean i need to call the agent online too ?
 

Sunny329

Hero Member
Jul 23, 2018
502
66
Do you have links to these other threads, by any chance? It would be really helpful/re-assuring to read others in the similar situation and their outcomes.
I will find the link and share with you
Dont worry
Everything will be okay
I am having severe anxiety and panic attack at the moment but trying to keep myself calm
 
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Sunny329

Hero Member
Jul 23, 2018
502
66
If you disclose it, you will be fine. Just send a web form and inform IRCC. Such mistakes are common and as long as you disclose them, you need not worry.
One more question
I applied my PR under express entry
I can raise the web form for the express entry and BOWP
 

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
One more question
I applied my PR under express entry
I can raise the web form for the express entry and BOWP
When you raise a webform you have to mention your file number and UCI. Based on that your web form is attached to your application.
 
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Reactions: Sunny329

Sunny329

Hero Member
Jul 23, 2018
502
66
I'm in the same position. I had a work permit refusal in 2018 because one of my police clearance certificates didn't arrive in time. I thought the application had simply timed out/wasn't processed, but as it transpires, this counts as a 'work permit refusal'.

I did not know this until I applied for an eTA tourist visa last week and it got sent to further review. I submitted a webform explaining it was a genuine error as I did not know it was classified as a 'refusal' otherwise I would have declared it. Unfortunately, we are at the behest of the immigration officer(s) who review our file. While the mistakes can be innocent, it's up to the officer to decide whether it was misrepresentation or not.

It's a tense situation to be in and I sympathise with you but ultimately, all you can do is send a thorough webform and be truthful and hope for the best.
Any update?
 

Sunny329

Hero Member
Jul 23, 2018
502
66
When you raise a webform you have to mention your file number and UCI. Based on that your web form is attached to your application.
Hi
I raised the webform today
I am still worried having anxiety
Do you think it will be okay i am telling them upfront???
I hope immigration officer will understand
I said yes to question but forgot to explain and mention all
 

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
Hi
I raised the webform today
I am still worried having anxiety
Do you think it will be okay i am telling them upfront???
I hope immigration officer will understand
I said yes to question but forgot to explain and mention all
As long as you inform and do not hide, you will be fine.

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, 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
 

manikcheetu

Full Member
Sep 6, 2017
49
4
Send a web form and inform IRCC of the WP refusal.

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, 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

guys i am in same boat.
my schengen tourist visa was refused and it was not disclosed by my agent during my study permit application and then i just followed that bys anweing no every time (study permit extension,work permit) and now in cec too.
i submitted on 4th of sep 2021 please tell me what should i do?
how to raise a web form and also what explanation you guys gave n that please reply
 

Sunny329

Hero Member
Jul 23, 2018
502
66
guys i am in same boat.
my schengen tourist visa was refused and it was not disclosed by my agent during my study permit application and then i just followed that bys anweing no every time (study permit extension,work permit) and now in cec too.
i submitted on 4th of sep 2021 please tell me what should i do?
how to raise a web form and also what explanation you guys gave n that please reply
Hi
Just raise a webform
I talked with my lawyers ,she said we are telling them upfrot so it will be okay
So dont take stress ,send a webform and explain you forgot to mention and disclosing it now
 

BrianLaraFan

Full Member
Sep 29, 2021
33
7
The funny thing is, sometimes you do not know if you have a "denied entry" OR "visa refusal".
My PR application was returned in 2013 due to a quota limit.
Then I also did a flagpole for new work permit.

These both are ambiguous situations. Was my application which was returned a PR refusal? I do not even have an application number for this because it was never processed till this stage, it used to be paper based application back then.

Is flagpole an entry denial? I got an administrative denial from US at the border. A white slip. Thats all. And that too was taken by Canadian side of immigration. It had my name written incorrectly. So was that a refusal really? Administrative refusal mean no intention of entering USA. But still a denial to entry.

In the end I mentioned both of them as I was not sure if either of them are real refusals or not.
 

Princes2020

Hero Member
Jan 1, 2020
482
248
The funny thing is, sometimes you do not know if you have a "denied entry" OR "visa refusal".
My PR application was returned in 2013 due to a quota limit.
Then I also did a flagpole for new work permit.

These both are ambiguous situations. Was my application which was returned a PR refusal? I do not even have an application number for this because it was never processed till this stage, it used to be paper based application back then.

Is flagpole an entry denial? I got an administrative denial from US at the border. A white slip. Thats all. And that too was taken by Canadian side of immigration. It had my name written incorrectly. So was that a refusal really? Administrative refusal mean no intention of entering USA. But still a denial to entry.

In the end I mentioned both of them as I was not sure if either of them are real refusals or not.
That’s interesting. I heard the PR applications before express entry were manual. Don’t know if IRCC keeps a record of a returned application in your case when the application was not even accepted due to quota. Maybe @legalfalcon can give his expert opinion.
 

Jagvirbajwa

Newbie
Nov 17, 2021
9
0
Hey,

I applied for PR and passed my medical. I also mentioned then my 2015 student visa refusal from new zealand in my background form. But I didn’t mentioned it during my work permit application. Now i am worried do it will put negative impact on mycurrent PR application.