Please help! Is this a serious misrepresentation?

[kong6989]

Hi fellows,

I am a FSW outlander.
I applied under the FSW program in 2014 and my package was returned because the 25k quota was reached. I created EE profile in April 2015 and got ITA in July, submitted my application and received AOR in mid Sep and it has been pending since.
When I filled out my application, I was asked whether I "applied for Permanent Residence (PR) before" If selecting yes, I need to provide UCI. Though I did apply in 2014, but I did not know I have a UCI and thought since the application package was returned due to quota, it might never be reviewed by an immigration officer. Therefore, it should not be considered a complete application, and I selected no. When I cleaned out some dusty documents today, however, I found out there was a hand written UCI on the returned imm0008 form, which I never got to see before!!! Because when I got the return package, I read the cover letter then threw it into the cabinet. And this UCI is exactly the same as the one I was assigned later in EE!!! So they definitely know!
Probably a coincidence, but I also lost access to ECAS today!
What am I supposed to do? Sending in a CSE ASAP? Is this a serious misrepresentation? If I were rejected due to this, will I be banned?
Thanks for any advice!

 

[Shanksw007]

Relax buddy, it's not a serious misrepresentation as the question says has the applicant applied to CIC before, i applied to CIC for my work permit and visa too, but said no for the question didn't do anything to my application got PPR and now just waiting for my COPR, your application shouldn't be rejected if it does get due to this issue then you can create a CSE with LOE saying that you never received any hard-copy document from CIC with the UCI number on it. Hope this helps if anybody knows more they surely help you. Best luck

 

[Asivad Anac]

Not a problem. If you're really worried, send in a CSE explaining this situation and provide that pencilled UCI - you don't have to do this though.

Losing access to ECAS has nothing to do with this, others have reported it as well.

 

[prcand]

same here. Got capped for FSW 2014 and application was returned.

I was without hesitation ready to say "Yes" to both questions after getting ITA recently.
(1) have you applied at CIC before?
(2) have you applied PR at CIC before?

The first one has no problem since I did apply successfully for a tourist visa to visit my relatives in the past and I know my UCI number, so I declared.

The second one, I immediately also answered "Yes", as I also declared for my PNP approved application (reason is FSW 2014, capped).

But here's the interesting part, after I answered Yes, it asked NOT the UCI number (as this is for the first question), but it asked for APPLICATION NUMBER which I don't have (or maybe even others who got their applications returned due to cap, operative word "cap"). This is because in the returned application cover letter, it said that they couldn't even start to process (hence, no application number). After all, pre-EE was paper work and no automatic application number would be generated.

So what were we supposed to do? I was happy to answer "Yes", but couldn't proceed to compete post-ITA since it requires application number, which again I don't have.

As for applications returned due to other reasons such as not enough proof of funds, or expired IELTS, etc, then it's a different ballgame since their applications would've been already ACCEPTED and PROCESSED, but consequently returned.

Hi fellows,

I am a FSW outlander.
I applied under the FSW program in 2014 and my package was returned because the 25k quota was reached. I created EE profile in April 2015 and got ITA in July, submitted my application and received AOR in mid Sep and it has been pending since.
When I filled out my application, I was asked whether I "applied for Permanent Residence (PR) before" If selecting yes, I need to provide UCI. Though I did apply in 2014, but I did not know I have a UCI and thought since the application package was returned due to quota, it might never be reviewed by an immigration officer. Therefore, it should not be considered a complete application, and I selected no. When I cleaned out some dusty documents today, however, I found out there was a hand written UCI on the returned imm0008 form, which I never got to see before!!! Because when I got the return package, I read the cover letter then threw it into the cabinet. And this UCI is exactly the same as the one I was assigned later in EE!!! So they definitely know!
Probably a coincidence, but I also lost access to ECAS today!
What am I supposed to do? Sending in a CSE ASAP? Is this a serious misrepresentation? If I were rejected due to this, will I be banned?
Thanks for any advice!

 

[rajanvnv]

same here. Got capped for FSW 2014 and application was returned.

I was without hesitation ready to say "Yes" to both questions after getting ITA recently.
(1) have you applied at CIC before?
(2) have you applied PR at CIC before?

The first one has no problem since I did apply successfully for a tourist visa to visit my relatives in the past and I know my UCI number, so I declared.

The second one, I immediately also answered "Yes", as I also declared for my PNP approved application (reason is FSW 2014, capped).

But here's the interesting part, after I answered Yes, it asked NOT the UCI number (as this is for the first question), but it asked for APPLICATION NUMBER which I don't have (or maybe even others who got their applications returned due to cap, operative word "cap"). This is because in the returned application cover letter, it said that they couldn't even start to process (hence, no application number). After all, pre-EE was paper work and no automatic application number would be generated.

So what were we supposed to do? I was happy to answer "Yes", but couldn't proceed to compete post-ITA since it requires application number, which again I don't have.

As for applications returned due to other reasons such as not enough proof of funds, or expired IELTS, etc, then it's a different ballgame since their applications would've been already ACCEPTED and PROCESSED, but consequently returned.

Mention that you do have an application and if it is mandatory to mention the number in the column, then mention your UCI. You can also attach an LOE explaining the same and also mention that you did not get any appln number and hence you have put in UCI in that column.

 

[prcand]

Did you also apply for PR in the past but was returned due to cap that's why you said no? Or?

Relax buddy, it's not a serious misrepresentation as the question says has the applicant applied to CIC before, i applied to CIC for my work permit and visa too, but said no for the question didn't do anything to my application got PPR and now just waiting for my COPR, your application shouldn't be rejected if it does get due to this issue then you can create a CSE with LOE saying that you never received any hard-copy document from CIC with the UCI number on it. Hope this helps if anybody knows more they surely help you. Best luck

 

[prcand]

this is also what i was thinking... at the end of the day, the spirit of the question on whether you had applied for PR before, I believe, is meant for them to check what's the result or even reason of your "refusal" (which, applications have been processed). and that they may not care for those applications which are returned and not haven't started to begin with.

i can of course send CSE now, or just wait for the result first. may i just ask though why you feel it's not necessary at this point in time? would you have known of other actual cases (apart from the other poster) whom didn't say "yes" to the question but still were successful?

Not a problem. If you're really worried, send in a CSE explaining this situation and provide that pencilled UCI - you don't have to do this though.

Losing access to ECAS has nothing to do with this, others have reported it as well.

 

[Asivad Anac]

this is also what i was thinking... at the end of the day, the spirit of the question on whether you had applied for PR before, I believe, is meant for them to check what's the result or even reason of your "refusal" (which, applications have been processed). and that they may not care for those applications which are returned and not haven't started to begin with.

i can of course send CSE now, or just wait for the result first. may i just ask though why you feel it's not necessary at this point in time? would you have known of other actual cases (apart from the other poster) whom didn't say "yes" to the question but still were successful?

As you correctly observed, the answer would be Yes only if the previous application was processed and refused. This question has been discussed multiple times on this forum with the same consensus each time. Penciled UCIs alone don't indicate that an application was taken in for processing so there shouldn't be any reason to report those in subsequent applications. However, if one were able to use those UCI details to check for status on ECAS then one must certainly send in an explanation but such an event would happen only if one's previous application was processed at some point in time rather than having been returned unprocessed because of NOC cap reasons.