Misrepresentation Question

[jamsham12]

Quick question here, inquiring whether or not a work permit refusal (had an open-work permit and was looking to extend it which is why i applied for a renewal) based on administrative purposes due to not having a LMO , I thought it was not a TRV as I am from a visa-exempt country(from the U.S) and would not need to apply for a TRV if the work permit was obtained which is why on the Schedule A i selected no, would this be misrepresentation?

 

[Ponga]

It will depend on the semantics of how CIC sees a WP; is it a working visa (like many other countries), or is it truly just a permit to work.

How exactly is the question worded that you answered?

 

[jamsham12]

Well it was the schedule A regarding whether or not u had be refused a trv which I answered no because I figured I didn't need a trv if approved for a work permit so I'm really worried I will be denied for misrepresentation and whether or not I should withdraw my application

 

[Ponga]

I just modified my previous reply.

I don't think you need to worry about this.

 

[jamsham12]

Thanks Ponga

 

[Awesomeg]

Quick question here, inquiring whether or not a work permit refusal (had an open-work permit and was looking to extend it which is why i applied for a renewal) based on administrative purposes due to not having a LMO , I thought it was not a TRV as I am from a visa-exempt country(from the U.S) and would not need to apply for a TRV if the work permit was obtained which is why on the Schedule A i selected no, would this be misrepresentation?

To the best of my knowledge a open work permit has temporary residence implications,
therefore if you had a working permit it was a temporary residence, but if you applied to extend
the permit it is different situation as your request of extending it was not approved, but the extension itself
was not approved.... that is different as applying and being denied.

You have no reason to worry.

 

[jamsham12]

Just looked back at the work permit refusal letter dated in Oct 2013 it stated that I had to apply at a Canadian visa office abroad and I was refused because I apply from inside Canada and wasn't eligible stated my status expired in dec 2013 this would conclude that this is a renewal of the work permit correct? Just wanted to make sure as I def don't want to be refused due to misrepresentation. :-X

 

[SenoritaBella]

People on this forum have been denied on the basis on misrepresentation for not disclosing previous refusals for work/study permits. A work permit confers temporary resident status - if an initial application/renewal/extension of permit is denied, the correct answer would be 'yes' and provide details in the box provided.
If I were you, I would submit a corrected Schedule A and include a cover letter to explain the error.

 

[Ponga]

This is where the semantics game comes in (as I indicated in my original reply in this thread).

Question 6(d) on Schedule A does NOT say anything about a refusal for a work or study PERMIT, only refusal of a visa.

And, not all work permits confer temporary resident status...such as an OWP that is issued to someone without status (after they reach AIP).

 

[canadianwoman]

I think there is no reason for us to be arguing about semantics. Who knows what a particular visa officer is going to think. The OP is worried about this. I would just send a letter of explanation stating that he answered no to question 6(d) on Schedule A because he thought that was the correct answer (as he explained here). Then he can explain that he was refused a work permit extension, and give the details.

This way, if he should have answered 'yes' he is safe; if 'no' is the right answer, there is no harm in explaining about this. It won't hurt his PR chances at all; and it may save him from a charge of misrepresentation. Plus he then does not have to worry about it.

 

[jamsham12]

Really appreciate the responses I'll write a letter explaining the confusion of the question why I answered no and send anther schedule A indicating I was denied a work permit renewal to cover all my bases as I doubt cpc-o has even opened my file. Thanks

 

[Detoye]

Have you been refused addmission or advised to leave canada or any other country? If someone was refused student visa to uk, is the answer YES plus explanation or NO?

 

[SenoritaBella]

It would be 'NO' because "refused addmission or advised to leave canada or any other country?" means you arrived at a border and was turned away OR you were already in a country but was asked to leave within a specified period (in Canada this would be an exclusion order which turns into a deportation order if you don't leave within 30 days).

But you need to answer YES to question 6d - the one that asks if you have ever been refused refugee status, immigrant/PR visa, visitor or temporary resident visa to Canada or any other country.

Have you been refused addmission or advised to leave canada or any other country? If someone was refused student visa to uk, is the answer YES plus explanation or NO?

 

[Detoye]

Thanks alot .. I appreciate that... But which ever the case maybe if i mistakingly answered NO in (d) but still state my reasons at in the feild is that ok?

 

[canadianwoman]

If you were refused a student visa to the UK, you should answer 'yes' to 6d. If you answered 'no' but also gave an explanation, a charge of misrepresentation would probably not stick - I've seen appeals where the judge said since the applicant freely talked about the refused visa, he or she obviously was not trying to hide it.

Still, you don't want to have to go to an appeal. I would just send in a letter and a redone form to the visa office, answering 'yes' to 6d and explaining.