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[barindersin9h]

Congratulations

thank you alot

 

[Canadagoose12]

@legalfalcon and other experts,
Hi,
I need a advice regarding my pr application. I forgot to mention about my previous refusal (US visitor refusal due to 214b but did not get stamp on passport) on PGWP application but I have added that on my PR application (AOR July 10) without explanation letter. Now I have a message from CIC for updated IMM5669 along with LoE regarding statutory declaration of previous refusal.
I am worried that will they consider as misrepresentation on my PGWP application or I am still ok by adding LoE about my genuine mistake which I corrected on PR application. Please help as they provide 30 days to send these documents. Thanks in advance.

 

[legalfalcon]

@legalfalcon and other experts,
Hi,
I need a advice regarding my pr application. I forgot to mention about my previous refusal (US visitor refusal due to 214b but did not get stamp on passport) on PGWP application but I have added that on my PR application (AOR July 10) without explanation letter. Now I have a message from CIC for updated IMM5669 along with LoE regarding statutory declaration of previous refusal.
I am worried that will they consider as misrepresentation on my PGWP application or I am still ok by adding LoE about my genuine mistake which I corrected on PR application. Please help as they provide 30 days to send these documents. Thanks in advance.

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 file any application with IRCC, TRV, WP, PR etc, any of them can be looked into to review your current application and any inconsistency can be a cause of misrepresentation. All applications have to be consistent, and if they are not, a reason on why you omitted the information has to be provided.

They law is clear, while applications for different types of status engage different considerations, it does not necessarily flow that statements made in temporary residence applications cannot affect subsequent permanent residence applications (or vice versa). In Suri v. Canada , the court found that the Officer’s concerns vis-à-vis the contradictions between the Applicants’ temporary and permanent applications were reasonable and based on that the applicant's misrepresentation ban was upheld.

Federal courts have ruled on this numerous times.

Read - Suri v. Canada available at http://canlii.ca/t/grvwt

 

[caipsnotes]

@legalfalcon and other experts,
Hi,
I need a advice regarding my pr application. I forgot to mention about my previous refusal (US visitor refusal due to 214b but did not get stamp on passport) on PGWP application but I have added that on my PR application (AOR July 10) without explanation letter. Now I have a message from CIC for updated IMM5669 along with LoE regarding statutory declaration of previous refusal.
I am worried that will they consider as misrepresentation on my PGWP application or I am still ok by adding LoE about my genuine mistake which I corrected on PR application. Please help as they provide 30 days to send these documents. Thanks in advance.

The refusal should have been mentioned when responding to the statutory questions. At this point, explain the facts which may/may not influence the outcome.

 

[Canadagoose12]

The refusal should have been mentioned when responding to the statutory questions. At this point, explain the facts which may/may not influence the outcome.

Thanks, I have mentioned it in PR application but in PGWP, I didn’t see word “any country” and just answer as for Canada. So to correct that mistake, I have answered yes in PR application statutory questions. I am not sure whether it is still misrepresentation even though I have correct that. I saw in multiple thread in forum, people have this kind of mistake but not see about outcomes.

 

[Canadagoose12]

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 file any application with IRCC, TRV, WP, PR etc, any of them can be looked into to review your current application and any inconsistency can be a cause of misrepresentation. All applications have to be consistent, and if they are not, a reason on why you omitted the information has to be provided.

They law is clear, while applications for different types of status engage different considerations, it does not necessarily flow that statements made in temporary residence applications cannot affect subsequent permanent residence applications (or vice versa). In Suri v. Canada , the court found that the Officer’s concerns vis-à-vis the contradictions between the Applicants’ temporary and permanent applications were reasonable and based on that the applicant's misrepresentation ban was upheld.

Federal courts have ruled on this numerous times.

Read - Suri v. Canada available at http://canlii.ca/t/grvwt

Thanks @legalfalcon.
I came across thread related same issue where you have mentioned about LoE. https://www.canadavisa.com/canada-immigration-discussion-board/threads/forgot-to-mention-previous-visa-refusal-please-help.570066/
I am not sure which is correct. Please can you help.

 

[Vik4878]

Thanks @legalfalcon.
I came across thread related same issue where you have mentioned about LoE. https://www.canadavisa.com/canada-immigration-discussion-board/threads/forgot-to-mention-previous-visa-refusal-please-help.570066/
I am not sure which is correct. Please can you help.

What is your aor?

 

[Canadagoose12]

What is your aor?

July 10-cec

 

[Vik4878]

Are visa refusals old?

 

[Canadagoose12]

Are visa refusals old?

Yes, it was in November 2017

 

[Vik4878]

Yes, it was in November 2017

I am sure you must have written something, I mean when you select yes to that question, it opens up a textbox and you hve to write an explanation before continuing. If you have entered something there it should be fine. Please feel free to dm me as well and let me know what you wrote. Thanks

 

[Canadagoose12]

I am sure you must have written something, I mean when you select yes to that question, it opens up a textbox and you hve to write an explanation before continuing. If you have entered something there it should be fine. Please feel free to dm me as well and let me know what you wrote. Thanks

Thanks, sent you a pm.

 

[legalfalcon]

Thanks @legalfalcon.
I came across thread related same issue where you have mentioned about LoE. https://www.canadavisa.com/canada-immigration-discussion-board/threads/forgot-to-mention-previous-visa-refusal-please-help.570066/
I am not sure which is correct. Please can you help.

It is the same thing.

If you file any application with IRCC, TRV, WP, PR etc, any of them can be looked into to review your current application and any inconsistency can be a cause of misrepresentation. All applications have to be consistent, and if they are not, a reason on why you omitted the information has to be provided.

At this stage your application will be at CIO. So just raise a CSE and explain that your inadvertently forgot to mention the visa refusal when submitting your application.

In the previous comment you are referring to the, the OP has inadvertently forgotten to mention his visa refusal, and wanted to correct it, the issue was different from your case, where you already had an application (TRV) where you did not mention of your prior visa refusal and did mention it in your PR application.

As long as you made a disclosure, that is what is required. However, since there is an inconsistency, you should have addressed it in LoE. A prior visa refusal by itself is not not a concern, as long as you mention it.

I have provided you with the cases in my response. You can send a LoE and explain the inadvertent omission on your part.

 

[caipsnotes]

Thanks, I have mentioned it in PR application but in PGWP, I didn’t see word “any country” and just answer as for Canada. So to correct that mistake, I have answered yes in PR application statutory questions. I am not sure whether it is still misrepresentation even though I have correct that. I saw in multiple thread in forum, people have this kind of mistake but not see about outcomes.

Have you send the LOE as yet? You should be fine.

 

[Canadagoose12]

Have you send the LOE as yet? You should be fine.

I have not yet. Cic asked to submit in 30 days with new IMM5669.
@legalfalcon Thanks for clarifying. I will submit LoE to clarify the mistake.