IRCC Claims Visa Refusal, Applying for Working Holiday Visa

[yuyyyh]

Hi everyone,

I’m currently applying for a Working Holiday Work Permit, but I just received a request from IRCC stating that my answer to the statutory question "Have you ever been refused a visa or permit, denied entry, or ordered to leave Canada or any other country?" was incorrect.

However, to my knowledge, I have never been refused a visa. I’ve been working in Canada for the past four years on valid work permits, all handled by my company’s legal representatives, and I always received approvals.

To clarify this issue, I have submitted an ATIP request to check if there is any record I wasn’t informed about.

Has anyone experienced a similar situation? Could this be an error, or is it possible that I was refused without notification? Any advice on how to respond effectively to IRCC would be greatly appreciated!

Thanks in advance!

 

[Naturgrl]

Hi everyone,

I’m currently applying for a Working Holiday Work Permit, but I just received a request from IRCC stating that my answer to the statutory question "Have you ever been refused a visa or permit, denied entry, or ordered to leave Canada or any other country?" was incorrect.

However, to my knowledge, I have never been refused a visa. I’ve been working in Canada for the past four years on valid work permits, all handled by my company’s legal representatives, and I always received approvals.

To clarify this issue, I have submitted an ATIP request to check if there is any record I wasn’t informed about.

Has anyone experienced a similar situation? Could this be an error, or is it possible that I was refused without notification? Any advice on how to respond effectively to IRCC would be greatly appreciated!

Thanks in advance!

So you have never applied to any other country, not just Canada, for an any type visa even as a child. Many times people don’t know that parents applied for them as children. ATIP is just Canada so may not tell you anything. Is this a PFL With a ban? You must respond and say you have not but you better be sure.

 

[scylla]

Hi everyone,

I’m currently applying for a Working Holiday Work Permit, but I just received a request from IRCC stating that my answer to the statutory question "Have you ever been refused a visa or permit, denied entry, or ordered to leave Canada or any other country?" was incorrect.

However, to my knowledge, I have never been refused a visa. I’ve been working in Canada for the past four years on valid work permits, all handled by my company’s legal representatives, and I always received approvals.

To clarify this issue, I have submitted an ATIP request to check if there is any record I wasn’t informed about.

Has anyone experienced a similar situation? Could this be an error, or is it possible that I was refused without notification? Any advice on how to respond effectively to IRCC would be greatly appreciated!

Thanks in advance!

The chances of this being an error are low. Have you asked your company's legal representatives if any of your application were refused or returned as incomplete? Maybe there's something they haven't told you.

 

[yuyyyh]

Could the gap between my work permits be the reason why I received the procedural fairness letter? This might have occurred because I was waiting for the final decision at the time. Currently, they have given me 7 days to respond. It’s also possible that the company’s legal representative didn’t inform me at that time. I only received the submission confirmation letter, followed by my work permit.

Thanks for your replies. I really appreciate all your help.

 

[scylla]

Could the gap between my work permits be the reason why I received the procedural fairness letter? This might have occurred because I was waiting for the final decision at the time. Currently, they have given me 7 days to respond. It’s also possible that the company’s legal representative didn’t inform me at that time. I only received the submission confirmation letter, followed by my work permit.

Thanks for your replies. I really appreciate all your help.

I'm not sure what you mean by the gap in work permits. IRCC thinks you have an actual refusal. Speak with your company's legal rep asap.

 

[canuck78]

Did you ever flagpole?

 

[yuyyyh]

I did and received my work permit there. The gap occurred because my previous work permit expired in November, and my new one started in April of the following year. During this period, I was under implied status while waiting for the final decision from IRCC. I have already reached out to my previous employer, even though one of the companies has gone bankrupt. Hoping it could help

 

[canuck78]

I did and received my work permit there. The gap occurred because my previous work permit expired in November, and my new one started in April of the following year. During this period, I was under implied status while waiting for the final decision from IRCC. I have already reached out to my previous employer, even though one of the companies has gone bankrupt. Hoping it could help

Did you declare the denial of entry from the flagpoling?

 

[yuyyyh]

Thanks for bringing it up. I didn’t know flagpoling could involve a denial of entry. I just thought I was renewing my status and wasn’t told anything about a refusal at the time.

 

[canuck78]

Thanks for bringing it up. I didn’t know flagpoling could involve a denial of entry. I just thought I was renewing my status and wasn’t told anything about a refusal at the time.

You get denied entry to the US to flagpole. If you were just renewing your status it would not involve the US border at all you would only interact with CBSA.

 

[WolfeAv]

This LITERALLY just happened to me. I have never been refused a visa. I have never been refused whilst flagpoling.

The visa i am currently on is approved since 2023 even though this was selected: Previous visa selected option for this question (answer i selected was NO)

And just like OP, I just recieved a PFL (November 2022 stated despite already being in canada): "You have indicated "No" to the following statutory question "Have you ever been refused a visa or
permit, denied entry or ordered to leave Canada or any other country?"
There is information on file that indicates that you have not answered this question truthfully.
As a result, I have concerns that you do not meet the requirement of the Act, namely, to answer
truthfully all questions.
Before I make a final decision, you are provided an opportunity to submit the requested information
above as well as any additional information relating to these concerns."

I've got 10 days to reply. Please tell me someone has some insights. I'm trying to contact a lawyer ASAP. This is literally life ruining.

 

[scylla]

This LITERALLY just happened to me. I have never been refused a visa. I have never been refused whilst flagpoling.

The visa i am currently on is approved since 2023 even though this was selected: Previous visa selected option for this question (answer i selected was NO)

And just like OP, I just recieved a PFL (November 2022 stated despite already being in canada): "You have indicated "No" to the following statutory question "Have you ever been refused a visa or
permit, denied entry or ordered to leave Canada or any other country?"
There is information on file that indicates that you have not answered this question truthfully.
As a result, I have concerns that you do not meet the requirement of the Act, namely, to answer
truthfully all questions.
Before I make a final decision, you are provided an opportunity to submit the requested information
above as well as any additional information relating to these concerns."

I've got 10 days to reply. Please tell me someone has some insights. I'm trying to contact a lawyer ASAP. This is literally life ruining.

Wasn't your CEC application refused? Or are you using someone else's profile here to post?

 

[WolfeAv]

Wasn't your CEC application refused? Or are you using someone else's profile here to post?

That wasn't my application ~ it was my partners with myself as common law added in. Does that count as my own application?

If so, why is my current visa approved despite selecting "No"?

 

[scylla]

That wasn't my application ~ it was my partners with myself as common law added in. Does that count as my own application?

If so, why is my current visa approved despite selecting "No"?

You were a dependent in that applicants which means you were refused as well - you were an applicant too. You should have answered "yes" to the refusal question and listed the CEC refusal. All you can do at this point is respond to the PFL, give the details of the CEC refusal, and provide an explanation for failing to list it.

As for your current visa, sometimes IRCC misses errors like this. However there is no question that the CEC refusal counts as a refusal against you.

 

[WolfeAv]

You were a dependent in that applicants which means you were refused as well - you were an applicant too. You should have answered "yes" to the refusal question and listed the CEC refusal. All you can do at this point is respond to the PFL, give the details of the CEC refusal, and provide an explanation for failing to list it.

As for your current visa, sometimes IRCC misses errors like this. However there is no question that the CEC refusal counts as a refusal against you.

Thanks for this, truly. I had no idea. Fuck my life.

The weird thing is the date specified in the letter is "EXAMINATION of 2022/11/23". Our CEC was denied in 2021 ~ over one year prior. I have zero clue what the 2022 date is a reference to.

It's genuinely heartbreaking that a NOC code error (not even made by us) has not only ruined our PR, but possibly my last chance in Canada. Even more so with how much voluntary, lifesaving work I've completed over the last six years, whilst there seems to be a constant stream of people I wouldn't trust to cut the grass recieving PR.

Thanks for your help.