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Inadmissible to Canada for misrepresentation

vcindia

Newbie
Nov 23, 2014
4
0
Hi Everyone,

I am new to this forum.

My Timelines:
NOC: 0112
Applied On: 18/12/2014
PER: 08/03/2015
AOR: 15/04/2015
VO: NDVO Shifted to WVO

Issue:
I received the following mail on 12/05/15 from WSAWIMMIGRATION @ international.gc.ca and I have 30 days to submit additional information
=====================================================
Dear xxxxxxx,

This refers to your application for immigration to Canada as a member of the Skilled Worker Class. Your application and all of the documents you submitted in support of it have been reviewed and it appears that you may not meet the requirements for immigration to Canada.

Subsection 11(1) of the Immigration and Refugee Protection Act (IRPA) provides that a foreign national must, before entering Canada, apply to an officer for a visa or any other document required by the Immigration and Refugee Protection Regulations. The visa or document shall be issued if, following an examination, the officer is satisfied that the foreign national is not inadmissible and meets the requirements of the Act.

I have concerns that you have not fulfilled the requirement put upon you by subsection 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 reasonable requires.

In support of your application you submitted an appointment letter from xxxxxxxx Ltd dated 2005. Document is co-signed by HR Manager xxxxxxxx. However, open source information states that xxxxxxxx is employment by this company only since 2010. Therefore, could not have signed the letter in 2005.

Therefore, it is my belief that you have deliberately tried to mislead me in a relevant matter which could induce an error in the administration of the Immigration and Refugee Protection Act and I am considering recommending to my supervisor that you be found inadmissible to Canada for misrepresentation pursuant to subsection 40(1)(a) of the Act. A finding of such inadmissibility would render you inadmissible to Canada for a period of five years
=====================================================

Actual Scenario:
My boss resigned in 2006, rejoined in 2010 and resigned again in 2015, but she is not showing the first employment on her Linkedin profile.

Documents submitted on 13/05:
1) Proof Of Employment signed by Director/CEO
2) Appointment Letter issued to my HR - Manager in 2005

Mode of Communication
1) Documents and covering letter emailed to warsaw-im-enquiry @ international.gc.ca on 12th Evening
2) Documents sent through courier on 13th Evening

Query
1) Which all documents I can send (more)?
2) How to communicated with VO (to know if they are satisfied)?
3) Do I need to raise a CSE?
4) Should I call CIC?

Please provide guidance.

Thanks
 

doctoress

Full Member
Jan 19, 2015
41
1
Job Offer........
Pre-Assessed..
App. Filed.......
16-12-2014
Nomination.....
10-03-2015 PER
AOR Received.
8-05-2015
Med's Request
24-11-2015
Med's Done....
11-12-2015
What is the open source information??? Did they call them?
 

new_migration

Hero Member
Aug 23, 2014
403
13
Bangalore
Category........
Visa Office......
NDVO----WVO
NOC Code......
2172
Job Offer........
Pre-Assessed..
App. Filed.......
24-Nov-2014
AOR Received.
12-Feb-2015
Med's Request
9-May-2015( On hold due to Wife Pregnancy)
Med's Done....
10-Aug-2015 and Uploaded on 11-Aug-2015
Passport Req..
30-Nov-2015
VISA ISSUED...
07-Dec-2015
doctoress said:
What is the open source information??? Did they call them?
open source means LinkedInn...
 

Jaxon911

Champion Member
Jun 18, 2014
1,217
206
London, UK
Category........
FSW
Visa Office......
London
NOC Code......
2171
App. Filed.......
PR App 2014-06-23 & Citizenship App Filed in Aug 2022
vcindia said:
Hi Everyone,

I am new to this forum.

My Timelines:
NOC: 0112
Applied On: 18/12/2014
PER: 08/03/2015
AOR: 15/04/2015
VO: NDVO Shifted to WVO

Issue:
I received the following mail on 12/05/15 from WSAWIMMIGRATION @ international.gc.ca and I have 30 days to submit additional information
=====================================================
Dear xxxxxxx,

This refers to your application for immigration to Canada as a member of the Skilled Worker Class. Your application and all of the documents you submitted in support of it have been reviewed and it appears that you may not meet the requirements for immigration to Canada.

Subsection 11(1) of the Immigration and Refugee Protection Act (IRPA) provides that a foreign national must, before entering Canada, apply to an officer for a visa or any other document required by the Immigration and Refugee Protection Regulations. The visa or document shall be issued if, following an examination, the officer is satisfied that the foreign national is not inadmissible and meets the requirements of the Act.

I have concerns that you have not fulfilled the requirement put upon you by subsection 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 reasonable requires.

In support of your application you submitted an appointment letter from xxxxxxxx Ltd dated 2005. Document is co-signed by HR Manager xxxxxxxx. However, open source information states that xxxxxxxx is employment by this company only since 2010. Therefore, could not have signed the letter in 2005.

Therefore, it is my belief that you have deliberately tried to mislead me in a relevant matter which could induce an error in the administration of the Immigration and Refugee Protection Act and I am considering recommending to my supervisor that you be found inadmissible to Canada for misrepresentation pursuant to subsection 40(1)(a) of the Act. A finding of such inadmissibility would render you inadmissible to Canada for a period of five years
=====================================================

Actual Scenario:
My boss resigned in 2006, rejoined in 2010 and resigned again in 2015, but she is not showing the first employment on her Linkedin profile.

Documents submitted on 13/05:
1) Proof Of Employment signed by Director/CEO
2) Appointment Letter issued to my HR - Manager in 2005

Mode of Communication
1) Documents and covering letter emailed to warsaw-im-enquiry @ international.gc.ca on 12th Evening
2) Documents sent through courier on 13th Evening

Query
1) Which all documents I can send (more)?
2) How to communicated with VO (to know if they are satisfied)?
3) Do I need to raise a CSE?
4) Should I call CIC?

Please provide guidance.

Thanks
Based on your post, in your case it seems to be a genuine misunderstanding.

You need to provide more documentation. Things like printout of email communications back in those days.

Even now, if your HR Manager is happy to comply, you should email him / her to provide you a letter that says he/she was with the company in 2005, and now he/she is not. Or at least email them with a brief description of the situation and request them to reply to your email with dates of his/her employment with the company and then you can print that email communication. Also pass on direct contact details / business card of that person to VO.
 

FSWCIO

Champion Member
Jan 30, 2012
2,347
98
:eek: :eek: :eek: this is pathetic how the immigration officer relied on open source like linkedin or facebook to determine the fact where the applicant him/herself provided the signed documents along with supplementary prove. is this indicating trust on humanity being less day by day caused by digital era?

I suggest you to get a letter clearing the fact that, that specific HR manager had been working at the time of signing your appointment letter, include a clarification letter from the CEO/Chairman or from a member from Board of Directors with reconfirmation of your joining date, job period, hour etc. Keep it simple and explain your point of view in a cover letter. I am sure you would overcome this situation very soon. I wonder the Case Officer has a rat brain or didn't have sound sleep on the night before issuing your fairness letter. :eek: :'(
 
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Jaxon911

Champion Member
Jun 18, 2014
1,217
206
London, UK
Category........
FSW
Visa Office......
London
NOC Code......
2171
App. Filed.......
PR App 2014-06-23 & Citizenship App Filed in Aug 2022
FSWCIO said:
:eek: :eek: :eek: this is pathetic how the immigration officer relied on open source like linkedin or facebook to determine the fact where the applicant him/herself provided the signed documents along with supplementary prove. is this indicating trust on humanity being less day by day caused by digital era?

I suggest you to get a letter clearing the fact that, that specific HR manager had been working at the time of signing your appointment letter, include a clarification letter from the CEO/Chairman or from a member from Board of Directors with reconfirmation of your joining date, job period, hour etc. Keep it simple and explain your point of view in a cover letter. I am sure you would overcome this situation very soon. I wonder the Case Officer has a rat brain or didn't have sound sleep on the night before issuing your fairness letter. :eek: :'(
I disagree with you to an extent. Visa Officers have limited means to verify employment information. It is not pathetic in my opinion mainly because Visa Officer did provide the candidate with an opportunity to clarify the doubts, pretty much nobody apart from Canadian VO do that.

In addition, this is a rare and exceptional scenario where VO got it wrong and that too because of someone else's fault (they didn't mention correct dates on their profile).

VOs process hundreds of thousands applications every year, being human they can make mistakes on few of the application. And most important of all, VO has to follow a process to verify information, and that process has to be consistent for application. It is their job to do all these research and document them before coming to a decision. If they make a mistake like issue a visa without proper checks, they could lose their job too.
 

sonam1

Newbie
Sep 28, 2015
9
0
Inadmissible to Canada for misrepresentation

Hi Everyone,
I am on temporary residence visa (pgwp) in canada my spouse is inadmissible for period of 5 Years (misrepresentation)
am i eligible to apply for PR ? i am inadmissible too ?
please reply that would be very helpful
Thank you in Advance.
 

NNY

Full Member
Sep 21, 2015
20
0
Category........
Visa Office......
LVO
NOC Code......
0112
Job Offer........
Pre-Assessed..
App. Filed.......
22-12-2014
AOR Received.
10-03-2015
Med's Request
09-09-2015
Med's Done....
22-09-2015
Passport Req..
05-10-2015
VISA ISSUED...
22-10-2015
LANDED..........
In Sha Allah, 2016
Sonam,

Please follow this link:

http: //www .cic. gc. ca/english/information/inadmissibility/who. asp

It clearly states that if you have an inadmissible family member, your application cannot get through.
 

VIVICLEO

Full Member
Feb 2, 2017
49
5
Category........
NOC Code......
1112
Job Offer........
Yes
App. Filed.......
1- Nov-2019
AOR Received.
15-Nov-2019
Med's Done....
19-sept-2019
VISA ISSUED...
01-01-2020
Sonam,

Please follow this link:

http: //www .cic. gc. ca/english/information/inadmissibility/who. asp

It clearly states that if you have an inadmissible family member, your application cannot get through.

Hi NNY,
When will her application go through? because i might be facing same issue?

@sonam, what is your situation now?
 

VIVICLEO

Full Member
Feb 2, 2017
49
5
Category........
NOC Code......
1112
Job Offer........
Yes
App. Filed.......
1- Nov-2019
AOR Received.
15-Nov-2019
Med's Done....
19-sept-2019
VISA ISSUED...
01-01-2020
Sonam,

Please follow this link:

http: //www .cic. gc. ca/english/information/inadmissibility/who. asp

It clearly states that if you have an inadmissible family member, your application cannot get through.
Hi Sonam,
What is your situation like now? DO you mind to share?