Already have Tier 4 visa (UK study Visa) and still applied for Canada student permit. Could that be an issue?
- Thread starter AlliyB
- Start date
I personally don't think you need to inform them about it at all. It has no relevance to your canada application. They only want to know about refusals from other countries, for info-sharing purposes..
Hi guys,
Kindly advice. I applied for my Student Visa May 13, 2021 and they just got back to today 4th of August 2022. I've been denied before in 2018 but the agency that helped to submit the application said NO that I haven't.
This is the respond:
I have reasonable grounds to believe that you have not fulfilled the requirement put upon you by section
16(1) of the Immigration and Refugee Protection Act, which 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.
Specifically, On your application, when asked "Have you ever been refused a visa or permit, denied
entry or ordered to leave Canada or any other country or territory?" you responded "No". I
believe this to be a false statement. I have reason to believe you have previously been refused a visa
or visas to the US. Please explain the discrepancy. This is a material fact that could have induced
an error in the administration of the Act.
Please note that if it is found that you have engaged in misrepresentation in submitting your application
for a temporary resident visa, you may be found to be inadmissible under section 40(1)(a) of the
Immigration and Refugee Protection Act. A finding of such inadmissibility would render you
inadmissible to Canada for a period of five years according to section 40(2) a
40(2) The following provisions govern subsection (1):
(a)
the permanent resident or the foreign national continues to be inadmissible for
misrepresentation for a period of five years following, in the case of a
determination outside Canada, a final determination of inadmissibility under
subsection (1) or, in the case of determination in Canada, the date the removal
order is enforced.
I would like to give you an opportunity to respond to this information. I will afford you 15 days from the
date of this letter to make any representations in this regard. If you do not respond to this request within
the time outlined above, your application will be refused.
Please can anyone advice me on how to respond. I was denied in 2018 and I think the person that helped with the application stated " NO" in the application.
Thank you so much
EDIT: I read it once more and yeah they've given you a PFL. Hire a lawyer ASAP to draft and send a reply to the PFL. There's a 99.99% you'll get a 5 year ban. But a good reply to the PFL will help in Federal Court when it comes to judicial review.
The only way out of a misrep charge and the accompanying ban is to hire a good lawyer and go for judicial review. And in the JR emphasise that the decision should be quashed on procedural fairness grounds because you weren't issued a PFL/given an opportunity to respond. That and claim innocent misrepresentation.
Basically, your only option for a chance to get out of this misrep charge and 5 year ban is to spend $10k in lawyer fees for JR and hope and pray for a decision in your favor...
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Sorry, not sure there is much you can do. You are responsible for any and all kinds of applications submitted in your name. Your best bet is to accept wrong and apologise and beg. Chances are that you will be banned for 5 years though.
The moderators of this forum - Cohen Immigration - are one of the best firms in Canada. Number on bottom of page or link at top.
Hi guys,
A quick update on my PFL
I didn't get a Lawyer; I didn't have money to pay because the price was much. Secondly, none of those I contacted responded and I've got limited time. I drafted the letter myself and got it reviewed by a friend and my brother. Four weeks later, I received an email requesting my updated Acceptance letter and new POF. NO DENIAL! NO BAN!
However, I had to withdraw the application later. I was able to get the Acceptance Letter from the university though.
Reason for Withdrawal: I can't provide them with a POF within the limited days I was given (two weeks).
As such, I wrote to them I would not be continuing with the application as I already bagged a Masters's Degree in the United Kingdom. I sent all the necessary proof of Study in the UK. I added I might reapply in the nearest future but not this time. My withdrawal approval came back 2weeks after.
Note* I requested to withdraw my application after the PFL issue has been resolved.
Thank you all for the advice. I can share my draft later if anyone needs it.
A quick update on my PFL
I didn't get a Lawyer; I didn't have money to pay because the price was much. Secondly, none of those I contacted responded and I've got limited time. I drafted the letter myself and got it reviewed by a friend and my brother. Four weeks later, I received an email requesting my updated Acceptance letter and new POF. NO DENIAL! NO BAN!
However, I had to withdraw the application later. I was able to get the Acceptance Letter from the university though.
Reason for Withdrawal: I can't provide them with a POF within the limited days I was given (two weeks).
As such, I wrote to them I would not be continuing with the application as I already bagged a Masters's Degree in the United Kingdom. I sent all the necessary proof of Study in the UK. I added I might reapply in the nearest future but not this time. My withdrawal approval came back 2weeks after.
Note* I requested to withdraw my application after the PFL issue has been resolved.
Thank you all for the advice. I can share my draft later if anyone needs it.
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Please can you share your drafter letter I have similar issue and this would help. Thanks