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Misrepresenation, Express Entry, Applications assess on their own merit?

Sarkcess

Newbie
Oct 20, 2018
5
0
I have been in Canada since 2014, first on student visa and now on PGWP. During my previous applications, I withheld information about my USA visa refusals and arrest record. What happened was, I visited US back in 2014 and was arrested for Credit Card Abuse. The charges were later dropped, dismissed and I never went to court for it. After that incidence, I moved to Canada to further my school. I have now finished school and have a great job. I want to apply for the Express Entry but I would have to mention the arrest incidence and usa refusal since they do more investigations. My question is, can or will CIC refuse my application and ban me based on the false information I provided in my previous application although I will be truthful in this application. Or they access every new application on its merits instead basing on past information submitted by the applicant in the past. Thanks
 

zardoz

VIP Member
Feb 2, 2013
13,298
2,167
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
I have been in Canada since 2014, first on student visa and now on PGWP. During my previous applications, I withheld information about my USA visa refusals and arrest record. What happened was, I visited US back in 2014 and was arrested for Credit Card Abuse. The charges were later dropped, dismissed and I never went to court for it. After that incidence, I moved to Canada to further my school. I have now finished school and have a great job. I want to apply for the Express Entry but I would have to mention the arrest incidence and usa refusal since they do more investigations. My question is, can or will CIC refuse my application and ban me based on the false information I provided in my previous application although I will be truthful in this application. Or they access every new application on its merits instead basing on past information submitted by the applicant in the past. Thanks
They will reference your existing file information. However, if you declare everything that you are required to in the EE application, it should not be a cause for rejection. Never lie to IRCC....
 

meyti

Full Member
Oct 16, 2017
26
7
If I understood well you did not declare it for PGWP and CIC did not notice it because normally they do not do background check for temporary residency permits (They do for VISA and etc.). The truth is that you do not have any choice for your express entry application! You must declare it honestly and clearly beyond of consequences. I am sorry that I do not know the answer of your main question.
 

LifeDreamer

Hero Member
Feb 14, 2018
499
122
You can try. You will probably receive a procedural fairness letter after which you have to explain why you have not disclosed these facts on your prior applications and then be deemed inadmissible to Canada (your status will be revoked). You will then have to wait for 5 years before reapplying from abroad.

Although you are criminally admissible to Canada (there is no issue with your criminal record), you may be inadmissible for misrepresentations. The US visa refusal is particularly troublesome because you prevented the officers from knowing and weighing the reasons for your previous visa refusal to the US when deciding your Canadian student visas and post-graduate work permits.
 

Diana1993

Star Member
Mar 17, 2020
94
40
I have been in Canada since 2014, first on student visa and now on PGWP. During my previous applications, I withheld information about my USA visa refusals and arrest record. What happened was, I visited US back in 2014 and was arrested for Credit Card Abuse. The charges were later dropped, dismissed and I never went to court for it. After that incidence, I moved to Canada to further my school. I have now finished school and have a great job. I want to apply for the Express Entry but I would have to mention the arrest incidence and usa refusal since they do more investigations. My question is, can or will CIC refuse my application and ban me based on the false information I provided in my previous application although I will be truthful in this application. Or they access every new application on its merits instead basing on past information submitted by the applicant in the past. Thanks
Hey, what happened in the end? Did you apply through EE?