Thank you >>>>>>>>> Legalfalcon <<<<<<<<<<<

[TheScrutiniser]

Hi @legalfalcon I applied for an eTA last week as I am hoping to travel to Canada for a holiday for 1week once the borders open Sept 7th. As part of the eTA it asked if I had ever been refused a visa, permit or asked to leave Canada. I said no, but my application got put to further review. Unbeknown to me, I had a 'work permit refusal' in 2018 when I had applied for the IEC program but was unable to get a PCC certificate in time by the deadline. I thought the application simply timed out but I now know it is classified as a work permit refusal.

I have explained this and was completely honest in that it was a genuine error, but now really panicking that this will have an effect on my PR application that I submitted in Dec 2020. I've submitted a web form to explains it's attached to my PR application when further review occurs.

Have you heard of anything like this happening before? I appreciate they take misrepresentation very seriously but I have been extremely diligent in everything I have submitted thus far and this was a genuine mistake as I thought the work permit application simply timed out in 2018 rather than became an actual 'refusal' in the system.

 

[brightburn]

1. You can withdraw and ask for a refund of the RPRF. If you do not, it will be closed accordingly anyway by IRCC as you are already a PR.

2. Most likely yes.

Thanks a lot, Sir.

But withdrawing 2nd application or having 2nd application running in parallel will not impact my PR status by any means right?

A little bit sceptical and worried at the same time.

 

[rezwanewu]

Starting Date for Calculating the 12 Month Validity Period of a Medical Certificate: the last medical assessment on file is the starting date for the 12 month validity of a medical certificate.


DOES IT REFERS TO THE DATE AT EE PROFILE, WHICH IS SHOWN AS MEDICAL PASSED DATE ........ BY IRCC

 

[techviz]

Hi @legalfalcon

Need your inputs plzzz... im about submit my EE application in a few days..

Here is my situation - A couple of years ago at US POE, my H1b was revoked by CBP (I was allowed to withdraw my application) and was asked to apply for a new H1B petition and re-enter with a new visa stamping... Reason for this: I had misused my h1b on my prior trip as I had found a client by myself in order to maintain employment & also my employer had not filed LCA for the new location.

Now there are 2 Qs for which im going to say "YES" :-
1)Has --- ever been refused a visa or permit, denied entry or ordered to leave Canada or any other country?
2) Has ---- ever 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?

This is obviously reflected in my US PCC as well.

Also, I'm planning to explain this in a LOE. Do you think LOE would add value ?
also should i upload a copy of the documentation i received at the POE like the sworn statement ... or will this complicate things ?

Thanks so much.

 

[legalfalcon]

Thanks a lot, Sir.

But withdrawing 2nd application or having 2nd application running in parallel will not impact my PR status by any means right?

A little bit sceptical and worried at the same time.

Nope!

 

[legalfalcon]

Starting Date for Calculating the 12 Month Validity Period of a Medical Certificate: the last medical assessment on file is the starting date for the 12 month validity of a medical certificate.


DOES IT REFERS TO THE DATE AT EE PROFILE, WHICH IS SHOWN AS MEDICAL PASSED DATE ........ BY IRCC

See #4,335

 

[brightburn]

Nope!

Thanks a lot, Sir.

I am grateful, that I have such talented and supportive guidance. Appreciate.

 

[Twee]

Hi @legalfalcon , what is Review Required for Integrated Search: FOSS/GCMS in the Eligibility? Does it because I submitted supplement document through Webform after my AOR and the Case Analyst request an Officer to look at that particular document?

 

[venkypaduchuru]

Hi @legalfalcon

I got NOI from Ontario. So I got 600 points and submitted my EE application on Aug 25, 2020 exactly a year back and it is still in processing as I am a PNP outland applicant.Will the PNP path have a different set of questions from the regular EE application. I



Question 1. I don't recall what I have answered for the statutory questions and I want to see what I have answered in the application. Please help me find the location of these questions. I searched the entire application for these questions. I just want to verify these details. I had rejections from 2 countries for Student visas a decade ago from the USA and Germany. After I saw some of the questions on misrepresentation I am a little scared of if I gave a comprehensive immigration history or not. I had 3 rejections for the USA and 3 rejections for Germany in 2010 and 2011. Later I got an F1 visa to pursue my MS in the USA in 2014.


These are the questions I was referring to in the application.
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 3 rejections for the USA and 3 rejections for Germany.

2. Has <Name> ever been refused a visa or permit, denied entry or ordered to leave Canada or any other country?:
Yes As I have 3 rejections for the USA and 3 rejections for Germany


Question 2. My old passport got damaged to a stage that it is not legible to see my photo and some other details. So I did not disclose these details to them and the Passport Authority has issued a fresh passport. Will this fall under misrepresentation?

Please give some insights on what needs to be done here to avoid any harsh actions from IRCC for misrepresentation.

I realized only after going through this thread which is on VISA rejections.

 

[rara85]

Hello Sir,
I am inland CEC AoR 15th March 2021 with 1 dependent inland. I have Review Required for Eligibility, because my partner answered yes to a stat question for two entry refusals to Canada from USA in 2005 and 2006. On 29th April a note said ‘referred to DN for review of refusal admission details’. He was refused once for having some mushrooms and once for being in the same vehicle with someone who had some marijuana. He has no criminal record. My CEC eligibility says recommeded pass. Could you tell me what this means and how you think it might delay/impact our application?

Also, We have had pending BOWP/SOWP applications since 16th March. Most other applications have been approved much faster. We both have R10 OK in notes from 30th March. We have had no problems with Study and SOWP permits being approved before. Is the above situation possibly delaying approval of our work permits? We have been on implied status since April and are growing increasingly anxious. Please share any thoughts or insights you have.

Thank you!

 

[RitClem]

Hi @legalfalcon

Need your inputs plzzz... im about submit my EE application in a few days..

Here is my situation - A couple of years ago at US POE, my H1b was revoked by CBP (I was allowed to withdraw my application) and was asked to apply for a new H1B petition and re-enter with a new visa stamping... Reason for this: I had misused my h1b on my prior trip as I had found a client by myself in order to maintain employment & also my employer had not filed LCA for the new location.

Now there are 2 Qs for which im going to say "YES" :-
1)Has --- ever been refused a visa or permit, denied entry or ordered to leave Canada or any other country?
2) Has ---- ever 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?

This is obviously reflected in my US PCC as well.

Also, I'm planning to explain this in a LOE. Do you think LOE would add value ?
also should i upload a copy of the documentation i received at the POE like the sworn statement ... or will this complicate things ?

Thanks so much.

Aswer YES to both questions in IMM5669 and at the bottom of IMM5669 write "United States H1b was revoked by CBP in 2010(Put the year)". You dont need a letter of explanation(LOE) and dont give IRCC document that they dont need. If they ask you questions, you can provide docs to support your cliam. I had same issue and I did exactly what I have advised you to do. I am now a Canada PR without any problem, enjoying myself in Canada.

 

[RitClem]

Hello Sir,
I am inland CEC AoR 15th March 2021 with 1 dependent inland. I have Review Required for Eligibility, because my partner answered yes to a stat question for two entry refusals to Canada from USA in 2005 and 2006. On 29th April a note said ‘referred to DN for review of refusal admission details’. He was refused once for having some mushrooms and once for being in the same vehicle with someone who had some marijuana. He has no criminal record. My CEC eligibility says recommeded pass. Could you tell me what this means and how you think it might delay/impact our application?

Also, We have had pending BOWP/SOWP applications since 16th March. Most other applications have been approved much faster. We both have R10 OK in notes from 30th March. We have had no problems with Study and SOWP permits being approved before. Is the above situation possibly delaying approval of our work permits? We have been on implied status since April and are growing increasingly anxious. Please share any thoughts or insights you have.

Thank you!

Since there is no criminal record standing against your spouse, there should be no problem at all. From your explanation, there is nothing to worry about. My wife's work permit(extension) spent 13 months in processing(June 2019-July 2020)........ Worry lesss since there is no documented criminal conviction.

 

[legalfalcon]

Hi @legalfalcon , what is Review Required for Integrated Search: FOSS/GCMS in the Eligibility? Does it because I submitted supplement document through Webform after my AOR and the Case Analyst request an Officer to look at that particular document?

If you have ever applied for a visa before or refused a visa for Canada before there may be information pertaining to you in the Field Operations Support System (FOSS) / GCMS. IF that is the case that information will have to be reviewed before the application be be processed further and thus RR.

 

[legalfalcon]

Hi @legalfalcon

Need your inputs plzzz... im about submit my EE application in a few days..

Here is my situation - A couple of years ago at US POE, my H1b was revoked by CBP (I was allowed to withdraw my application) and was asked to apply for a new H1B petition and re-enter with a new visa stamping... Reason for this: I had misused my h1b on my prior trip as I had found a client by myself in order to maintain employment & also my employer had not filed LCA for the new location.

Now there are 2 Qs for which im going to say "YES" :-
1)Has --- ever been refused a visa or permit, denied entry or ordered to leave Canada or any other country?
2) Has ---- ever 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?

This is obviously reflected in my US PCC as well.

Also, I'm planning to explain this in a LOE. Do you think LOE would add value ?
also should i upload a copy of the documentation i received at the POE like the sworn statement ... or will this complicate things ?

Thanks so much.

1- YES
2 - YES

As such as denial of entry to another country does not in by itself have any effect on your application or PR to Canada, but it is your responsibility to answer all questions truthfully and where possible explain the reasons or the same, and if your have a refusal letter, include that as well. You can explain the circumstances in the space provided in the form itself or include a LoE, if required, to submit any refusal letters.

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]

Hello Sir,
I am inland CEC AoR 15th March 2021 with 1 dependent inland. I have Review Required for Eligibility, because my partner answered yes to a stat question for two entry refusals to Canada from USA in 2005 and 2006. On 29th April a note said ‘referred to DN for review of refusal admission details’. He was refused once for having some mushrooms and once for being in the same vehicle with someone who had some marijuana. He has no criminal record. My CEC eligibility says recommeded pass. Could you tell me what this means and how you think it might delay/impact our application?

Also, We have had pending BOWP/SOWP applications since 16th March. Most other applications have been approved much faster. We both have R10 OK in notes from 30th March. We have had no problems with Study and SOWP permits being approved before. Is the above situation possibly delaying approval of our work permits? We have been on implied status since April and are growing increasingly anxious. Please share any thoughts or insights you have.

Thank you!

IF you answered yes to any statutory questions, you will have a RR for the same. In your case through the information sharing IRCC seems to have obtained more info surrounding the circumstances of your refusal to enter Canada. It will have to be determined if you were inadmissible on grounds of criminality and if yes, would that still hold true now. Since I am not privy to your application, I cannot state anything more.