Forgot to mention previous visa refusal :( Please help

[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 going via PNP path have a different set of questions from the regular EE application?



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

I have ordered GCMS notes recently. Will it contain the details of this question?

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.

 

[Sunny329]

Oh okay but I send the follow-up. I put correct file number plus uci number. May be this way they will find out.

Hi can you please tell me whats happening in your case?

 

[venkypaduchuru]

Hi @legalfalcon ,

I got NOI from Ontario on Jan 15 2020. 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 going via PNP path have a different set of questions from the regular EE application?


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

I have ordered GCMS notes recently. Will it contain the details of this question?

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.

@legalfalcon Please advice on this issue.

 

[legalfalcon]

@legalfalcon Please advice on this issue.

The statutory questions are the same. You cannot go bak to the application questions, you can only see the submitted documents. However, you can obtain a copy of your entire application and see what you answered. GCMS will not have the answer to the questions, but if you obtain the copy of the application, you will be able to see the answers.

You only have to provide the details of the current passport. However, if you have any valid visas and entry exit stamps on our expired passport, you had to upload the pictures of it too.

 

[venkypaduchuru]

The statutory questions are the same. You cannot go bak to the application questions, you can only see the submitted documents. However, you can obtain a copy of your entire application and see what you answered. GCMS will not have the answer to the questions, but if you obtain the copy of the application, you will be able to see the answers.

You only have to provide the details of the current passport. However, if you have any valid visas and entry exit stamps on our expired passport, you had to upload the pictures of it too.

@legalfalcon ,
is there a service where i can raise a request for a copy of my entire application? where can avail it and how much does it cost?

 

[Nustinism]

Hi, I have a query regarding VISA refusal! During my study in the UK, my application for extension of study permit has been refused by UK home office due to insufficient fund (don't have that paper now) in 2009 but when I took this matter to UK court, the court granted the visa and overruled the decision of UK home office.

Now I am working in Canada with the work permit and extended 3 times without mentioning that matter in my application.

Also, during the extension of my work permit in Canada, once it was refused due to wrong LIMA number provided by my employer. But I have never mentioned that in my work permit extension application afterwards!

Do you think I should mention those both issues or matters in my PR application?

Hi Paul,

any update on your case?

 

[manikcheetu]

@legalfalcon can you please help
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 by answering 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

 

[Mpmp]

Hello @legalfalcon,

I want to ask you my brother applied for study visa. He had visitor visa before which is expired already and he came here in canada in 2019 for 15 days we already mentioned in the application or in sop. We applied his application through agent. So agent send them photocopy of passport both front and back side, but he did not attach the stamp page of visitor visa which is expired already. Is there has any issue with that?

 

[Mpmp]

@legalfalcon can you please help
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 by answering 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

You can raise a webform.

 

[legalfalcon]

Hello @legalfalcon,

I want to ask you my brother applied for study visa. He had visitor visa before which is expired already and he came here in canada in 2019 for 15 days we already mentioned in the application or in sop. We applied his application through agent. So agent send them photocopy of passport both front and back side, but he did not attach the stamp page of visitor visa which is expired already. Is there has any issue with that?

There is no issue since in the study visa application you would have declared if you applied to IRCC before and the status of the application. Also, IRCC will search for all visas when processing the current application. However, when submitting the application, IRCC does ask for a copy of all pages of the passport that are marked, even if they are expired.

 

[legalfalcon]

@legalfalcon ,
is there a service where i can raise a request for a copy of my entire application? where can avail it and how much does it cost?

If you want a copy of your entire application submitted to IRCC along with all supporting documents, you can request them from IRCC.

You can order GCMS+ from https://getgcms.com/order-now

 

[legalfalcon]

@legalfalcon can you please help
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 by answering 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

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 inadvertently missed declaring your prior visa refusal then it is your responsibility to make sure that you correct the issue.

You should remember the following:

• If someone hires a shady consultant or lawyer that lies on the forms, that person cannot use their representative as an excuse. It is the applicant who will be punished. The Federal Court in Haghighat v. Canada (Citizenship and Immigration), 2021 FC 598, even if the representative is convicted of fraud, and even if the misrepresentation is the consultant providing their client with a fake IRCC passport request letter, the applicant can be inadmissible for misrepresentation.

Since I do not have your documents, and neither am I privy to your case, I cannot comment more.

You can read the above cases for more clarity.

 

[Nustinism]

Hi

how about my case, I applied work permit for 3 times and forgot to disclosed it and got approved. Now that I fully understand the question and will apply for another work permit, can I disclose it?

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 inadvertently missed declaring your prior visa refusal then it is your responsibility to make sure that you correct the issue.

Since I do not have your documents, and neither am I privy to your case, I cannot comment more.

You can read the above cases for more clarity.

 

[legalfalcon]

Hi

how about my case, I applied work permit for 3 times and forgot to disclosed it and got approved. Now that I fully understand the question and will apply for another work permit, can I disclose it?

Yes, also include an explanation about this.

 

[Ahmid4can]

Hi @ legalfalcon
Pls I'm really stressed out now. I applied for study permit in 2017 but was refused. I answered yes to having been refused us visit visas in the past. but I didn't mention any date. Fast forward to my pr application. I only mentioned the canada study visa that was refused in 2017. Not sure why though. Medical has already been sent. But I got an ADR like- -thank you for your interest in canada .... you must provide a precise explanatory letter about each of your visa refusal to the USA. ...
If we don't get it by so so date your file will be treated as incomplete.
I've been freaking out. How i missed that I do not know.
I have submitted a notarised letter and explaining how it was an oversight. This was an advice from a lawyer. Pls someone help me out here. Haven't been myself since.
Anyone in this situation?? Goggle search engine got me here. Thank you.