Does this qualify for misinterpretation?

[raahul2079]

Hi All,
I applied on October 28th and waiting for decision. Application status says it's OPEN. The thing is I had not mentiioned about the US Refusal Visa in IMM5457E form. I misread any other Country as any other COunty and thought it is for within Canada states. However I submitted a case specific enquiry now to them saying that I was refused a visa earlier by US (b1 visa) and attached the updated IMM5457E form. I informed them that I am disclosing this on my own interest as I had not done that intentionally. Will I be considered for misinterpretation in this case ? Please tell me.

Thanks,
Siva

 

[scylla]

Yes - this is definitely misrepresentation. If caught, it will result in a refusal and potentially a five year ban from Canada.

I would withdraw your application asap and resubmit with corrected information. It's pretty easy for CIC to find out you have a US refusal.

 

[Bryanna]

Hi,

I assume you've sent the CSE recently i.e. several weeks after you applied. A CSE could take some days/few weeks to be forwarded to the visa officer who is processing your application.

It's entirely possible that a decision has already been made/will be made before your CSE reaches the visa officer.

Despite the above, as scylla has suggested, do send another CSE + email to the visa office requesting them to allow you to withdraw your application. It's up to the visa office whether or not to allow you to withdraw your application


Cheers

 

[raahul2079]

Hi Scylla/Bryanna,
Thanks for the response. Indeed it was a mistake from my end I was honset about it by letting them know before they could ask me. Hope they do not ban me for 5 years as I intend to travel later when I am in a position to. If they are going to ban me for 5 years considering the scenario where a decision is made, I am not sure what should I do next to fight against the ban. It is unfortunate that I noted it very late, nevertheless I noted it. I have submitted a withdrawal request and hoping it would be acknowledged. Thanks a lot again.

Cheers,
SIva

 

[raahul2079]

Bryanna,
You had asked me to send a mail as well. What's the mail id? I am not able to find the email id of the CIC. Kindly let me know.

Thanks,
Siva

 

[riasat.abir]

Hi Scylla/Bryanna,
Thanks for the response. Indeed it was a mistake from my end I was honset about it by letting them know before they could ask me. Hope they do not ban me for 5 years as I intend to travel later when I am in a position to. If they are going to ban me for 5 years considering the scenario where a decision is made, I am not sure what should I do next to fight against the ban. It is unfortunate that I noted it very late, nevertheless I noted it. I have submitted a withdrawal request and hoping it would be acknowledged. Thanks a lot again.

Cheers,
SIva

My friend's sister also made the mistake for study permit. CIC asked her via email about visa refusal later. She answered that she forgot to mention USA visa rejection. Luckily there was no problem as she admitted the mistake and received her permit.

 

[raahul2079]

That gives me some hope. But is there an email id as well where I could drop them asking for a withdrawal of application. I applied online and I am based out of Bangalore.


Thanks,
Siva

 

[Bryanna]

Hopefully you won't get a 5-years ban. If unfortunately you do get a 5-years ban for misrepresentation then there's nothing you can do until the 5 years lapses.

You'll have to check the CIC website (Bangalore visa office details).... the email address is there


Hope for the best

 

[raahul2079]

Hi Bryanna,
Is this ok?

Hello Sir/Mam,
I had applied for my TRV online on 28th of October and I was scheduled to be there between 1st of December to 12th of December.

I had submitted a couple of case specific enquiries relating to

1. Correction of information in the application
and
2. Withdrawl of my application


It was unfortunate that I misinterpreted Section 2 of Background Information that asks about previous visa refusals.

It says if I have been asked to leave Canada before or been refused by any other Country. I misread it as County and thought to myself that It is about Canada and it's other internal state/counties and gave a answer No. I later realised it was not so and before CIC could ask me I had submitted and/or stated about my Previous US B1 Visa refusal. I had also attached the corrected IMM5257E Form with that Case Enquiry.

Moreover, I do not have a vacation approval from my office as the approval date has already started and I am not in a position to travel right now. I also have my dad's doctor appointment coming up for which my presence here is essential without any doubt. I would like to treat this as a humble request so that I can withdraw my application and submit it a later time with corrected information when I am in a position to travel.

Thanks,
Siva

 

[goutcha123]

i guess the first answer you had from the forum is very harsh assuming that YES its a misrepresentation .....calm down you are not the only person on earth who did this fault as a honest mistake , so now its great that you sent the rectification im pretty sure it would be OK for you .

another thing before cic says its a misrepresentation and ban you for 5 years , they will send you a letter with a title ; misrepresentation , and they will give you a chance to clarify your fault after that a decision will take place but if you dont receive it so its fine for you .

im telling you this cause i did exactly the same error i mean exactly . i did also exactly what you did VIA cse AND NOW its been over 6 weeks so no problem at all and you know cic .....no news good news .

so dude calm down you will not have any problem cause your problem is not a problem.

and please for others members dont give your opinion like you experienced the problem.

 

[raahul2079]

Thanks a lot Goutcha for your response. Scylla was straight forward about it and I totally take everybody's input in the right sense. Bryanna/Scylla have been helpful in responding my concern and now that you too have put forth a sense of positiveness in me that "To err is human". Hoping that things would fall in place as I am now relieved at least personally that I did not submit any false information. Whatever I did was a grave personal mistake and I had sent them a mail rightly so clarifying my stance.


All the very best.

Cheers,
Siva

 

[Bryanna]

Hi Siva,

Have you sent the email draft which you had posted earlier?


Cheers

 

[raahul2079]

Hi Bryanna,
Yes I sent the email and had also received an acknowledgement now which reads as

A note has been added to your file to advise the responsible office of your request to withdraw your application. Once your application is opened, it will be at the responsible office's discretion to withdraw the application and grant a refund of the processing fees within 16 weeks.

What are the next steps in case if this withdrawal is a success? Is it advisable to apply immediately or so I wait a while?

Thanks,
Siva

 

[Bryanna]

What are the next steps in case if this withdrawal is a success? Is it advisable to apply immediately or so I wait a while?

If you are allowed to withdraw your application, you may/may not get a refund.

You can apply anytime (even the next day) after your present application is closed

 

[raahul2079]

That sounds great Bryanna. I have to ensure that I put in my previous B1 refusal this time around and is there anything about this withdrawal mentioning if at all? Because I don't think if it asks if I have applied for Canada visa before. All it asks is If I have been refused entry. Am I right in my understanding. Your thoughts plz. Hoping the withdrawal of application is a success..

Cheers,
Siva