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Misinterpretation: I have concerns that you did not answer truthfully to the following the statutory question on the IMM 1294 Application for Work Per

Thash_91

Member
Nov 7, 2022
15
3
I have concerns that you did not answer truthfully to the following the statutory question on the IMM 1294 Application for Work Permit, “2b) Have you ever been refused a visa or permit, denied entry or ordered to leave Canada or any other country or territory?

Does this mean the issue is in the IMM 1294 application for study permit? I applied as the student and my spouse as the dependent for open work permit. Is the issue in his application or mine?
 

Naturgrl

VIP Member
Apr 5, 2020
44,916
9,516
I have concerns that you did not answer truthfully to the following the statutory question on the IMM 1294 Application for Work Permit, “2b) Have you ever been refused a visa or permit, denied entry or ordered to leave Canada or any other country or territory?

Does this mean the issue is in the IMM 1294 application for study permit? I applied as the student and my spouse as the dependent for open work permit. Is the issue in his application or mine?
What are you applying for? The question is have you been refused any type of visa before which includes a work, study permit or SOWP? Did you answer yes or no? If you answered NO then you misrepresented yourself. What does the letter say in full as this is a procedural fairness letter. Does it mention a 5 year ban? You must respond and say that yes, you were denied a permit and include all information on your previous refusal.
 

Thash_91

Member
Nov 7, 2022
15
3
I applied for a Study permit along with a dependent (spouse) who applied for the open work permit. And I answered as No. Yes It mentions a 5 year ban.
this is what the letter says in full.

I have additional concerns that you may be inadmissible under subsection 40(1) of IRPA, which states:
40(1) A permanent resident or a foreign national is inadmissible for misrepresentation
(a) 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.
Specifically, I have concerns that you did not answer truthfully to the following the statutory question on the IMM 1294 Application for Work Permit, “2b) Have you ever been refused a visa or permit, denied entry or ordered to leave Canada or any other country or territory?
Please note that if it is found that you have engaged in misrepresentation in submitting your application, you would be inadmissible to Canada for a period of five years according to subsection 40(2)(a):
40(2) The following provisions govern subsection (1):
(a) the permanent resident or the foreign national continues to be inadmissible for misrepresentation for a period of five years following, in the case of a determination outside Canada, a final determination of inadmissibility under subsection (1) or, in the case of determination in Canada, the date the removal order is enforced.

I would like to provide you with the opportunity to respond. You will have 15 days from the date of this letter to submit evidence and documentation you deem will address these concerns.
 

scylla

VIP Member
Jun 8, 2010
95,860
22,116
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
I applied for a Study permit along with a dependent (spouse) who applied for the open work permit. And I answered as No. Yes It mentions a 5 year ban.
this is what the letter says in full.

I have additional concerns that you may be inadmissible under subsection 40(1) of IRPA, which states:
40(1) A permanent resident or a foreign national is inadmissible for misrepresentation
(a) 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.
Specifically, I have concerns that you did not answer truthfully to the following the statutory question on the IMM 1294 Application for Work Permit, “2b) Have you ever been refused a visa or permit, denied entry or ordered to leave Canada or any other country or territory?
Please note that if it is found that you have engaged in misrepresentation in submitting your application, you would be inadmissible to Canada for a period of five years according to subsection 40(2)(a):
40(2) The following provisions govern subsection (1):
(a) the permanent resident or the foreign national continues to be inadmissible for misrepresentation for a period of five years following, in the case of a determination outside Canada, a final determination of inadmissibility under subsection (1) or, in the case of determination in Canada, the date the removal order is enforced.

I would like to provide you with the opportunity to respond. You will have 15 days from the date of this letter to submit evidence and documentation you deem will address these concerns.
Who is the email addressed to?
 

scylla

VIP Member
Jun 8, 2010
95,860
22,116
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010

Thash_91

Member
Nov 7, 2022
15
3
Not to my knowledge. But I have mailed all embassies that I have requested a visa from and traveled to see if there are any refusals. As some overseas travels were handled completely by the company I worked for.
 

scylla

VIP Member
Jun 8, 2010
95,860
22,116
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Not to my knowledge. But I have mailed all embassies that I have requested a visa from and traveled to see if there are any refusals. As some overseas travels were handled completely by the company I worked for.
OK - it's extremely important to find out if you've had any refusals.

Good luck.
 

scylla

VIP Member
Jun 8, 2010
95,860
22,116
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
If there are refusals will I still get a ban if I inform IRCC in the reply mail.
There's no black and white answer to this. It's up to IRCC. You may or you may not.
 

aspirant256

Champion Member
Oct 29, 2020
1,548
241
Not to my knowledge. But I have mailed all embassies that I have requested a visa from and traveled to see if there are any refusals. As some overseas travels were handled completely by the company I worked for.
You are not aware of any refusals? how is that possible? even if your applied for you, they would have told you if it was refused. Usually they don't go beyond the search on the five eyes countries, so you should know if you were refused by US, Canada, UK, Australia or New Zealand.
 
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Reactions: Naturgrl and scylla

scylla

VIP Member
Jun 8, 2010
95,860
22,116
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Not to my knowledge. But I have mailed all embassies that I have requested a visa from and traveled to see if there are any refusals. As some overseas travels were handled completely by the company I worked for.
Also check if your parents ever applied for a visa for the family when you were a child that was refused.
 

aspirant256

Champion Member
Oct 29, 2020
1,548
241
If there are refusals will I still get a ban if I inform IRCC in the reply mail.
If you tell IRCC in response to their email that you did have refusal then that would be considered a confession and that you did not challenge them. Best approach is to get a lawyer because if banned, you will face issues with visa for other countries too.
 

Simba112

VIP Member
Mar 25, 2021
4,478
1,662
Not to my knowledge. But I have mailed all embassies that I have requested a visa from and traveled to see if there are any refusals. As some overseas travels were handled completely by the company I worked for.
If you are frequent travellers and most of your travels are handled by the company, scrutinize all applications with your company. Another reason could be if you have common names matching someone date of birth and region,