How do prove I did not misrepresent myself on my Open Work Permit Application

[goaloriented]

I was sent the following during the processing of my Open work permit:

"In the process of the assessment of your application I have determined that you may not meet
the requirements for a visa to Canada.

Subsection 40(1)(a) of the Immigration and Refugee Protection Act states that a “foreign
national is inadmissible for misrepresentation for directly or indirectly misrepresenting or
withholding material facts relating to a relevant matter that induces or could induce an error in
the administration of this Act”. Paragraph 40(2)(a) specifies that the foreign national continues to
be inadmissible for misrepresentation for a period of two years following, in the case of a
determination outside Canada, a final determination of inadmissibility under subsection (1).

I have concerns that you misrepresented or withheld the following material facts:

- You answered yes to question 2b) on your application for a work permit (IMM 1295
form), stating that you have been refused a visa, admission, or been
ordered to leave Canada but not twice been refused a U.S.
visa.

On the form, I did checked the box "yes" to say I was refused a visa, admission, or been
ordered to leave Canada or any country but in the limited space for the details I put this
"Refused a visitor's visa but now applying for Open Work permit to join my Common Law partner who needs the emotional support because of the death of his father.""

The space that was allotted was basically finish so I said the above, meaning refused a visitor's visa for Canada and other country but was hoping if the embassy would more information to contact me.
Since this was an application for Canada instead of US, I used the limited space to mention in general so as to answer both questions. I was given 30 days to submit additional information to try and
explain myself. However, they did not specify which additional information they need and I also sent an email to ask what they require. Any insights to help my case. Thanks very much

 

[Rajan Grover]

I was sent the following during the processing of my Open work permit:

"In the process of the assessment of your application I have determined that you may not meet
the requirements for a visa to Canada.

Subsection 40(1)(a) of the Immigration and Refugee Protection Act states that a “foreign
national is inadmissible for misrepresentation for directly or indirectly misrepresenting or
withholding material facts relating to a relevant matter that induces or could induce an error in
the administration of this Act”. Paragraph 40(2)(a) specifies that the foreign national continues to
be inadmissible for misrepresentation for a period of two years following, in the case of a
determination outside Canada, a final determination of inadmissibility under subsection (1).

I have concerns that you misrepresented or withheld the following material facts:

- You answered yes to question 2b) on your application for a work permit (IMM 1295
form), stating that you have been refused a visa, admission, or been
ordered to leave Canada. However, you did not state that you have twice been refused a U.S.
visa.

On the form, I did checked the box "yes" to say I was refused a visa, admission, or been
ordered to leave Canada or any country but in the limited space for the details I put this
"Refused a visitor's visa but now applying for Open Work permit to join my Common Law partner who needs the emotional support because of the death of his father.""

The space that was allotted was basically finish so I said the above, meaning refused a visitor's visa for Canada and other country but was hoping if the embassy would more information to contact me.
Since this was an application for Canada instead of US, I used the limited space to mention in general so as to answer both questions. I was given 30 days to submit additional information to try and
explain myself. However, they did not specify which additional information they need and I also sent an email to ask what they require. Any insights to help my case. Thanks very much

From which country you have applied ?

How many times exactly you have been refused the Canada Visa..?

Raj

 

[scylla]

It's quite clear you did in fact commit misrepresentation in your application. You were obligated to list all of your visa refusals in the space listed in the application. If there wasn't enough room in the application, you were supposed to attach an extra sheet of paper. The answer you provided very clearly only refers to the Canadian refusal and does not mention the US refusals. Again - this is misrepresentation.

CIC has contact you to give you an opportunity to show evidence that you did in fact answer truthfully in your application and do not have any US visa refusals. In other words, if you had not in fact been refused by the US, this would be your opportunity to prove CIC wrong. The problem with your situation is that you do in fact have the US refusals and were in fact untruthful in your application.

You can try explaining why you didn't mention the US refusals in your application. However chances are very low CIC will accept any explanation - your opportunity to be truthful and provide all information was in your original application. I think you should be getting ready for a refusal of your application and potentially a finding of misrepresentation (which would come with a 2 year ban from Canada).

 

[se7en]

Hi,

My situation is somewhat similar. But I have not yet filed my application.

After reading this thread. I opened my PGWP application to check question 2b. which I checked as No.
Fact is, back in 2005 and 2006 my study visa apps were refused for UK and once for Sweden in 2008. I did this unintentionally.

So when submitting application for CEC should I declare these refusals or no. I think it is gonna be misrepresentation in either way.

Please advise to bypass this kind of problem.

 

[TARU]

It's quite clear you did in fact commit misrepresentation in your application. You were obligated to list all of your visa refusals in the space listed in the application. If there wasn't enough room in the application, you were supposed to attach an extra sheet of paper. The answer you provided very clearly only refers to the Canadian refusal and does not mention the US refusals. Again - this is misrepresentation.

CIC has contact you to give you an opportunity to show evidence that you did in fact answer truthfully in your application and do not have any US visa refusals. In other words, if you had not in fact been refused by the US, this would be your opportunity to prove CIC wrong. The problem with your situation is that you do in fact have the US refusals and were in fact untruthful in your application.

You can try explaining why you didn't mention the US refusals in your application. However chances are very low CIC will accept any explanation - your opportunity to be truthful and provide all information was in your original application. I think you should be getting ready for a refusal of your application and potentially a finding of misrepresentation (which would come with a 2 year ban from Canada).

Scylla,

Can you suggest me on my situation?

As i read this i am worried about my application...

I have got two rejection ...One in april 2013 last year that was student visa..

After that i got married and i had applied for Spouse open work permit i got rejection but in that application i mentioned about student visa rejection September 2013 ...

But scylla,

This year is my third time i had applied .

I applied for Spouse open work permit my application is still in process.

After i going through this thread i realized that in my this application i had mention only my last year work permit 2013 rejection with the file number.

but i forgot to mention about my student visa april 2013 rejection i thought with the work permit file number they can trace the things and i thought box is asking for recently rejection.

But i didn't hide the things as i mentioned about my student visa rejection in last year work permit application.

Now i am little confused and disturbed what should i do as my application is still under process.

What should i do please suggest ..

I don't want any kind of hassle in the process.

Please help and suggest.

Taru

 

[scylla]

If you have not been truthful about all of your previous refusals in your application - then I would withdraw it and resubmit it with the correct information. But ultimately it's up to you.

 

[se7en]

syclla please advise on my post (above) as well.

 

[goaloriented]

How do we withdraw our application? or at What point can we withdraw the application. Even though we did not intentionally misrepresent our self, we have 30 days to submit additional information but I too think our chances of explaining is very low and will get a 2years. I have been doing some researching and the embassy seems to take this very serious for the simplest of thing, persons even get their PR card taken away when they applied for Citizenship.

For the other readers, in some of your cases get legal advice as it can mess up your life. I intend to seek legal advice as well but anyone has useful info? Anyone ever proof they did not misrepresent themselves?

 

[goaloriented]

Just to let every know, I successfully proved (Work Permit Approved) it was an honest mistake and without the use of immigration consultants. I just explained in detail what happened and why the information was missing/incorrect. Then supplied documents supporting my statements. So basically you have to try provide answers to all questions or doubts they might have while reading your letter of explanation. So state why the information was missing/incorrect, provide detailed information, supporting documents, and state reason why you should still be approved after everything. This is just a general framework I used but everyone misrepresentation might be slightly different. Chances are said to be low when it comes to misrepresentation because there some persons who wishfully do it. Therefore, you have to let the visa officer see it in your point of view. This is just my opinion.

 

[sanu14]

Just to let every know, I successfully proved (Work Permit Approved) it was an honest mistake and without the use of immigration consultants. I just explained in detail what happened and why the information was missing/incorrect. Then supplied documents supporting my statements. So basically you have to try provide answers to all questions or doubts they might have while reading your letter of explanation. So state why the information was missing/incorrect, provide detailed information, supporting documents, and state reason why you should still be approved after everything. This is just a general framework I used but everyone misrepresentation might be slightly different. Chances are said to be low when it comes to misrepresentation because there some persons who wishfully do it. Therefore, you have to let the visa officer see it in your point of view. This is just my opinion.

Hi goaloriented,

We are in similar situation like yours. We also forgot to mention USA visa refusal on our application and now called for the interview. Can you please help what did you explain to make them believe that it was not intentional to hide information?
You can also email me on yogi4889@gmail.com

Thanking you in advance.

 

[luvly3]

If you have not been truthful about all of your previous refusals in your application - then I would withdraw it and resubmit it with the correct information. But ultimately it's up to you.

how about if he sends a new work permit application form as a CSE correcting the errors, might be better than withdrawing the application.

 

[pracs]

How much time does to generally take for a decision to be made after providing documents for procedural fairness letter.

Thanks in advance

 

[forevermsbh7866]

@goaloriented

Can u pls tell what you have written?I am stressed..pls help.. my email is below
forevermsbh7866@gmail.com

anyone who got success in proving urself...pls help...I cant afford the ban.

 

[forevermsbh7866]

Just to let every know, I successfully proved (Work Permit Approved) it was an honest mistake and without the use of immigration consultants. I just explained in detail what happened and why the information was missing/incorrect. Then supplied documents supporting my statements. So basically you have to try provide answers to all questions or doubts they might have while reading your letter of explanation. So state why the information was missing/incorrect, provide detailed information, supporting documents, and state reason why you should still be approved after everything. This is just a general framework I used but everyone misrepresentation might be slightly different. Chances are said to be low when it comes to misrepresentation because there some persons who wishfully do it. Therefore, you have to let the visa officer see it in your point of view. This is just my opinion.

@goaloriented

Can u pls tell what you have written?I am stressed..pls help.. my email is below
forevermsbh7866@gmail.com

anyone who got success in proving urself...pls help...I cant afford the ban.

 

[forevermsbh7866]

Hi goaloriented,

We are in similar situation like yours. We also forgot to mention USA visa refusal on our application and now called for the interview. Can you please help what did you explain to make them believe that it was not intentional to hide information?
You can also email me on yogi4889@gmail.com

Thanking you in advance.

you got any reply bro? if yes..pls help with guiding