Forgot to mention previous visa refusal :( Please help

[ishanarorase]

Thanks @ishanarorase and @mosmo . I'v raised the CSE myself. I chose "Permanent Residence(applied online)" for "Type of application/enquiry". Then I gave the visa refusal details in the "Your enquiry" part. As I can't find the refusal letter, I didn't attach any document. Then submit the enquiry. I've received a mail to tell that this enquiry has been received. Is there a way to go through this enquiry?

@StevenZjd your webform would be attached to your file for sure and visa officer will check it and will leave a note about it. You may or may not get any mail about it. My case was same and I attached the updated 1295e form in the webform to be safe.

 

[Vikram1279]

Hi @legalfalcon
Hi sir really need your guidance.
My brother has applied and got his aor in FSW OJanuary 2020. He lives in Newzeland and was rejected a newzealand student visa after finishing his work visa in 2017 . He is fighting a case in the immigration appeals tribunal to overcome his decision. He thought this is not a rejection so he did not mention this in his ee profile however he had a pervious canada visa rejection which he declared. now someone told him that he should raise a webform and tell them. Is it too late now ot inform Ircc and will be considered misrepresentation ? His GCMS show that his file is approved in the notes and eligibility passed.

 

[Jpsp]

Hi @Vikram1279 @legalfalcon , my girlfriend is in the same boat. She has appealed to get an Australian student visa rejection overturned is still in Australia as her rejection is being reviewed by the court and forgot to mention her rejection. She is November 2019 aor and we haven’t heard anything from IRCC. What should we do. Can someone please help it’s stressing us out now!

 

[Victorkdt]

@legalfalcon Hi guys I just realised I’ve forgot to mention my past Uk student visa refusal 2018 as I received my gcms Notes I realised I hadn’t mentioned it however I mentioned my 2014 canada visa rejection. My aor is December 2019 haven’t received any ADR from them or any remedial. What should I do really freaking out.

 

[legalfalcon]

@legalfalcon Hi guys I just realised I’ve forgot to mention my past Uk student visa refusal 2018 as I received my gcms Notes I realised I hadn’t mentioned it however I mentioned my 2014 canada visa rejection. My aor is December 2019 haven’t received any ADR from them or any remedial. What should I do really freaking out.

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 on why you omitted the information has to be provided.

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.

Federal courts have ruled on this numerous times.

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

If you did not mention a visa refusal in your application, send a web form and inform IRCC now.

 

[legalfalcon]

Hi @Vikram1279 @legalfalcon , my girlfriend is in the same boat. She has appealed to get an Australian student visa rejection overturned is still in Australia as her rejection is being reviewed by the court and forgot to mention her rejection. She is November 2019 aor and we haven’t heard anything from IRCC. What should we do. Can someone please help it’s stressing us out now!

Unless there is a decision on the appeal, the visa refusal stays and has to be declared. Even if in the appeal the decision is overturned, you will still have to declare it and explain that in appeal the refusal was overturned. See my above post for more details.

 

[legalfalcon]

Hi @legalfalcon
Hi sir really need your guidance.
My brother has applied and got his aor in FSW OJanuary 2020. He lives in Newzeland and was rejected a newzealand student visa after finishing his work visa in 2017 . He is fighting a case in the immigration appeals tribunal to overcome his decision. He thought this is not a rejection so he did not mention this in his ee profile however he had a pervious canada visa rejection which he declared. now someone told him that he should raise a webform and tell them. Is it too late now ot inform Ircc and will be considered misrepresentation ? His GCMS show that his file is approved in the notes and eligibility passed.

Just because you appeal a rejection does not mean that the visa was not rejected. See my post above.

 

[Naira_canada]

@Naira_canada I raised a webform and in description I mentioned about the refusal issue , also I attached the updated form 1295e in the webform . And you don't need to call ircc , if u raise a webform it will be definitely attached to your file.

@ishanarorase Thank you for your response. Do you idea about timeline, within how many days we the IRCC attaches the updated form that we share using webform it to our application?

 

[Vikram1279]

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 on why you omitted the information has to be provided.

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.

Federal courts have ruled on this numerous times.

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

If you did not mention a visa refusal in your application, send a web form and inform IRCC now.

Thanks you so much for the response sir. Asked him to raise a webform. Not that he declared his error 2 years since he got his aor, does this increase his chance of refusal drastically?
Thanks again @legalfalcon

 

[StevenZjd]

@StevenZjd your webform would be attached to your file for sure and visa officer will check it and will leave a note about it. You may or may not get any mail about it. My case was same and I attached the updated 1295e form in the webform to be safe.

I didn't attach 1295e. Should I add that form? Then I have to raise another CSE.

 

[Jpsp]

Unless there is a decision on the appeal, the visa refusal stays and has to be declared. Even if in the appeal the decision is overturned, you will still have to declare it and explain that in appeal the refusal was overturned. See my above post for more details.

Thanks for the response @legalfalcon. Will rase a webform asap.Sorry to be a pain, but have to ask, Will rasing a CSE negatively impact our profile even if we give a good explanation as all our checks are already done and her application is in the final stage?

 

[legalfalcon]

Thanks you so much for the response sir. Asked him to raise a webform. Not that he declared his error 2 years since he got his aor, does this increase his chance of refusal drastically?
Thanks again @legalfalcon

Federal courts have held that if you voluntarily disclose, then it cannot use used against you. However, a rejection on eligibility or any other ground will depend on the merits of the application.

 

[legalfalcon]

Thanks for the response @legalfalcon. Will rase a webform asap.Sorry to be a pain, but have to ask, Will rasing a CSE negatively impact our profile even if we give a good explanation as all our checks are already done and her application is in the final stage?

It will have no impact on the processing. Also, there is nothing negative or positive, either you meet the criteria or you don't,

 

[Jpsp]

I

It will have no impact on the processing. Also, there is nothing negative or positive, either you meet the criteria or you don't,

It will have no impact on the processing. Also, there is nothing negative or positive, either you meet the criteria or you don't,

Thanks for the response. Really appreciate it!

 

[Naira_canada]

@Naira_canada I raised a webform and in description I mentioned about the refusal issue , also I attached the updated form 1295e in the webform . And you don't need to call ircc , if u raise a webform it will be definitely attached to your file.

@ishanarorase @legalfalcon any idea on timeline when does the attachment or information shared thru webform are being added to application? I have received generic response after submitting a webform but it does not say that information is added to original application. Kindly suggest.