>>>>>>>NOVEMBER 2020 AOR<<<<<<< Join here

[viksap]

Same here, keeps changing. And those are ghost updates

I think a lot many people got a GU today.
Not sure if it was a genuine update or just something to do with a system glitch
@legalfalcon

 

[Suryarao611]

was able to access my profile but no updates, is it really like this? OMG now I can feel for those who are waiting for more than 10 months. uff

 

[caipsnotes]

I think a lot many people got a GU today.
Not sure if it was a genuine update or just something to do with a system glitch
@legalfalcon

GU could imply progress or could be something inconsequential.

 

[stefi2020]

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>

____________________________________________________
Any application you file can be looked into and there should be no discrepancy if you have filed multiple applications. If you filed a TRV in which you did not declare a job, and then you claimed a job in your PR application, this is a discrepancy. Similarly if you were refused a visa before, the same has to be declared in the subsequent application filed with IRCC.

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. Even if the reason is that you inadvertently forgot to mention a prior refusal, you have to inform IRCC.

While answering the statutory questions you have to list all prior visa refusals. Failing to declare any prior visa refusal is misrepresentation and the federal court has ruled on it in the following decision:

Algohar v. Canada (Citizenship and Immigration), 2019 FC 1364 (CanLII), available at http://canlii.ca/t/j36dk

It is an applicant's duty to disclose all material information pertaining to ones information and answer all questions truthfully.

If you inadvertently forgot to mention a prior visa refusal, you can send a webform and inform IRCC. Irrespective of what stage your application is at, or if it has even been approved, if it is found that you failed to disclose any material information in your application, it can impact your PR status.

In Tuiran v. Canada (Citizenship and Immigration), 2018 FC 324 (CanLII) the court held, " Section 16(1) of the Act requires visa applicants to answer all questions truthfully and produce all relevant documents and evidence reasonably required when making an application under the Act. The purpose of the misrepresentation provisions in the Act is “to ensure that applicants provide complete, honest and truthful information in every manner when applying for entry into Canada” (Jiang v Canada (Citizenship and Immigration), 2011 FC 942 at para 36; Khan v Canada (Citizenship and Immigration), 2008 FC 512 at paras 26-29; Wang v Canada (Citizenship and Immigration), 2005 FC 1059 at paras 57-58, affirmed in 2006 FCA 345 [Wang])." I emphasize that it does not matter that the authorities may have the ability to catch the misrepresentation or not. What matters is whether the misrepresentation induced or could have induced an error in the administration of the IRPA.

_______________________________________

Does a prior visa refusal have an impact on the process of your PR application?

The answer is maybe. It will depend on what the visa was refused and which country it was for. If it is of any of the countries with which Canada shares info, then more info can be gathered to find if criminality, immigration fraud, HRV issues etc. was the reason. If the reason was just an administrative one, such as the via officer now being satisfied, then it will not have any impact.

Also, if you have a prior visa refusal from Canada, the same applies, as long as you have disclosed it. The criteria for PR and visitor's visa are different and except what is listed above, it will not have an impact.

Hi @legalfalcon,

What if we genuinely answered NO to statutory questions and send later a webform to explain visa refusal?

 

[stefi2020]

yes, whenever someone accesses the file it gets logged. but calling for getting the information regarding updates does not account to negative processing of the file at all

So my call was registered on the GCSM notes but the purpose was not mentionned. They basically mentionned something like client called - time and date of my call- that's all.

 

[caipsnotes]

Hi @legalfalcon,

What if we genuinely answered NO to statutory questions and send later a webform to explain visa refusal?

If a mistake was made in answering the question then yes send in a webform to explain it, promptly.

 

[stefi2020]

If a mistake was made in answering the question then yes send in a webform to explain it, promptly.

That was not promptly, but I did it as soon as I noticed my mistake. Meanwhile, IRCC didn't ask anything about it.
Hope that won't be misrepresentation....Thanks anyway.

 

[kanwar144]

If I schedule an appointment for Biometrics in Nepal, can someone confirm which option should be selected?
Biometrics enrolment for Bio cases
OR
Application Submission with Biometrics?

You SHould Select only BIometrics enrolment for BIO Cases only, that's what I have selected and done my bio in Nepal.
It's very easy.
You can travel same day and out as frequency of flight have increased, FYI, at airport immigration in Nepal take 2 hours window and 1-hour window for the taxi to VFS, and 30 mins there at vfs centre before your appointment time. it should be smooth.

 

[caipsnotes]

That was not promptly, but I did it as soon as I noticed my mistake. Meanwhile, IRCC didn't ask anything about it.
Hope that won't be misrepresentation....Thanks anyway.

That's good, hopefully all will be fine. All the best.

 

[aditya9787]

Hi Aditya,

Could you please let me know the requirements for Nepal (like covid test or quarantine rules and visa requirement)?
Also would a 1 day trip be enough, or should be keep 1 day spare?

Quarantine is not required but you have to get a negative covid report once while flying to nepal and once more while arriving back. Test should be within 72 hrs from boarding. It is visa free travel for indian passport holders. You can only take Air India or Nepal Airlines. I arrived in kathmandu on 31st, bio on 1st and leaving today.

 

[Vikas1519]

You SHould Select only BIometrics enrolment for BIO Cases only, that's what I have selected and done my bio in Nepal.
It's very easy.
You can travel same day and out as frequency of flight have increased, FYI, at airport immigration in Nepal take 2 hours window and 1-hour window for the taxi to VFS, and 30 mins there at vfs centre before your appointment time. it should be smooth.

Hi
Can u Plz share me one thing regarding Nepal Biometric appointment process:-“ “after confirm appointment”” on mail, can we will receive second mail from VFS Nepal or our appointment is confirmed.

 

[crzyvin]

What checks do they do in eligibility?
Approx how many days it will take to complete? Any idea guys?

 

[Vikas1519]

Quarantine is not required but you have to get a negative covid report once while flying to nepal and once more while arriving back. Test should be within 72 hrs from boarding. It is visa free travel for indian passport holders. You can only take Air India or Nepal Airlines. I arrived in kathmandu on 31st, bio on 1st and leaving today.

Hi
Can u Plz share me one thing regarding Nepal Biometric appointment process:-“ “after confirm appointment”” on mail, can we will receive second mail from VFS Nepal or our appointment is confirmed.

 

[wandrmnk]

What checks do they do in eligibility?
Approx how many days it will take to complete? Any idea guys?

During eligibility they review the documents you have submitted like ECA/Degree Cert, IELTS/CELPIP, Employment reference (against NOC duties especially) and also your personal history for any discrepancy between your documents and declared history. This is done in two steps: first by an analyst who either recommends your eligibility be passed or asks the next level officer to review your documents thoroughly. The second step is the Visa office (case processing officer) who marks your eligibility passed or asks for Additional documents or unfortunately, in some cases, failed. That is why it is the most crucial part of the processing.

This whole thing can take anywhere between 25 days (rare nowadays) to nearly 4 months.

 

[legalfalcon]

Hi @legalfalcon,

What if we genuinely answered NO to statutory questions and send later a webform to explain visa refusal?

As long as you disclose, the would be fine. Many applicants forget to mention the past visa refusal, however, as long as you disclose it, you would not be an issue.