GCMS/ATIP response mismatch.

[magm]

Hi there,

I ordered both an ATIP file & GCMS notes due to the fact i believe i misrepresented myself in a previous work permit application and now i'm applying for PR.

However, in the ATIP they stated they were unable to provide me with the specific file i wanted as had been 'destroyed' (it was a paper application) but in the GCMS notes they state the paper file is Status: Retired & Location: TR archive until 2021-01-31.

Am i reading this correctly in this is contradictory, or has my file actually been destroyed?

I'm going to include a LOE to state that i answered incorrectly to an answer regardless in my PR application.

Thankyou!

 

[BK1993]

What did u mention about and what mistake did u make ?

 

[magm]

i incorrectly ticked a box 'no' to the any previous unauthorized work question when i definitely should have ticked 'yes' (Due to me at the time believing unauthorized work was defined as working solely without a work permit of any kind).

I have already sent a Webform to IRCC to explain the mistake, but they wrote back saying that the application had already been approved so there was nothing that they could do.

My LOE included the evidence that i've already tried to fix the issue previously and was honest in my incorrect answer.

 

[21Goose]

Were you banned for five years? What's your current status? Has your PR application been denied?

You may have made a mistake, but if you ticked the wrong box and you were found to have misrepresented, you can't really use a defence of "I didn't understand the question". About the only way that would work is if you immediately uploaded a webform (before a decision was made on the application) explaining the error. If you tried correcting it only AFTER you were found to have misrepresented, that won't work.

What evidence did you provide?

 

[magm]

No, they approved my work permit back in 2019, i'm on IEC and i'm now going to apply for PR.

I haven't been found of misrepresentation, they approved my previous application and i later found that i'd answered incorrectly, hence why i wanted to be upfront with this.

 

[21Goose]

No, they approved my work permit back in 2019, i'm on IEC and i'm now going to apply for PR.

I haven't been found of misrepresentation, they approved my previous application and i later found that i'd answered incorrectly, hence why i wanted to be upfront with this.

So if you had correctly answered back in your previous application, would that application have been rejected? If the answer to that is yes, then it's an issue - because you did misrepresent (willingly or not), and the officers decision was influenced by the incorrect answer. The fact that they didn't catch you doesn't mean that you didn't misrepresent.. and now it will cause an issue.

On the other hand, if your mistake was not a material fact in making the decision to give you the work permit, it's not a big deal. You can explain it in an LoE, and things should be ok.

Hard to give more specific advice without know the details of the case. I'd suggest you invest a couple hundred dollars and talk to an Immigration Attorney. This may be simple, or it may be a big deal.

 

[magm]

Looking at it my application still would have been accepted, due to the fact that i only didn't follow one imposed condition of my work permit - so i should be ok as long as i'm upfront with them.

(3) An officer shall not issue a work permit to a foreign national if

• (e) the foreign national has engaged in unauthorized study or work in Canada or has failed to comply with a condition of a previous permit or authorization unless
  • (i) a period of six months has elapsed since the cessation of the unauthorized work or study or failure to comply with a condition,
  • (ii) the study or work was unauthorized by reason only that the foreign national did not comply with conditions imposed under paragraph 185(a), any of subparagraphs 185(b)(i) to (iii) or paragraph 185(c)
    

Regardless i'll contact a Immigration Attorney.

Thankyou.