First, I would guess that it was not only on your EE profile, but on your PR application. Statements on your PR application are important and must be as truthful as you can make them. Second, I guess that in part it is the plural 'countries' that could be responsible for a charge of misrepresentation. You forgot that you were denied visas for more than one country? I suspect that CIC thinks you were deliberately trying to hide that information. Third - and most important - what is the wording of your refusal letter? Have you actually been accused of the kind of misrepresentation that means you cannot reapply for five years? Does it say that in your letter? If so, and if you still want to immigrate to Canada, then at this point I think you might need a very good lawyer to help you.Aby444 said:
Reasons for Rejection
- Thread starter sam_172452
- Start date
hi Dobes,
I had previously submitted an application for FSw 2014 where I declared all the countries (3) that had refused me visas. On my EE profile, I didnt notice that under the 6d part of statutory questions which starts with refugee statues and cetificate du qubec also had visa refusals to other countries. when asked to submit IMM5669 I answered all the questions correctly. and declared the past mistake.
They said 5 year ban from applying
I had previously submitted an application for FSw 2014 where I declared all the countries (3) that had refused me visas. On my EE profile, I didnt notice that under the 6d part of statutory questions which starts with refugee statues and cetificate du qubec also had visa refusals to other countries. when asked to submit IMM5669 I answered all the questions correctly. and declared the past mistake.
They said 5 year ban from applying
they said absolutely nothing. They had initially sent me a fairness letter which just asked for a sch A form which I ssent off to them
Order your GCMS physical File. It will take two months. It includes much more information about the work done on your file (actual pages). The GCMS notes take a month but will not include all the pages in your file. There are lots if threads on forum about ordering GCMS.Aby444 said:
Good luck.
How did you send off the response to them? Was it through your mycic or via CSE? Also you said you also applied in 2014, what happened to that application?Aby444 said:
So sorry to hear that. Since I made the mistake as spouse of principal applicant. But in EE profile, I have checked box which asked if I have ever been refused visa or a permit instead of checking the one that asks:"Has .................. ......... you been refused refugee status, or an immigrant or permanent resident visa (including a Certificat de sélection du Québec (CSQ) or application to the Provincial nominee Program) or visitor or temporary resident visa, to Canada or any other country?"
After they requested schedule A for myself, I've also checked the wrong box, but gave an explanation that describes what kind of visa was I refused for (visitor visa for usa). As soon as I realized my mistake husband sent CSE explaining my honest mistake and attaching schedule A corrected.
Still no answer or updates on our application since then.
I search this forum everyday and checking on updates. After reading what happen to you, I'm devastated. 5 yrs is long time for us same as for you. No words of comfort. I'm sorry.
After they requested schedule A for myself, I've also checked the wrong box, but gave an explanation that describes what kind of visa was I refused for (visitor visa for usa). As soon as I realized my mistake husband sent CSE explaining my honest mistake and attaching schedule A corrected.
Still no answer or updates on our application since then.
I search this forum everyday and checking on updates. After reading what happen to you, I'm devastated. 5 yrs is long time for us same as for you. No words of comfort. I'm sorry.
I was refused visitor visa to the USA once (some 15 years ago) and I marked both questions YES and provided explanation to what happened in the LOE.munika said:
OK, on looking into it, I see that there is no actual appeal procedure for a charge of misrepresentation, which is why you didn't get a fairness letter. That doesn't mean that all hope is lost though.Aby444 said:
First of all, I don't know why some people are saying they didn't give you a reason for your refusal and charge of misrepresentation. They did. They told you it was your "immigration history", and that refers directly to having been refused more than one visa which you did not mention on your original PR application.
Here are CIC's own guidelines on procedures for a finding of inadmissibility due to misrepresentation:
Visa office procedures
An officer who suspects that an applicant may be inadmissible for misrepresentation should carefully document the reasons for the concern in their notes. They must then provide the individual with information on the basis for their concern and invite the person to respond. This can be done at an interview or in writing. If in writing, the person should be given at least 30 days from the time of receipt of the officer's notice to respond. The information provided in the response should be carefully assessed in accordance with the principles outlined previously.
Were you given a chance to respond? Does your current letter give you that chance, or were you contacted before the final determination was made? You should have been. If you have a chance to defend yourself, mention the following:
1) you didn't mention the refusals because you didn't see the question buried beneath issues of refugee status and something in French, so that you didn't understand that the question was asking about refused visas generally 2) you DID mention it on a 2014 application for PR - thus proving you were not trying to hide your refusals from CIC, and 3) you DID mention it on a subsequent Schedule A, again showing that you were not trying to mislead CIC.
Here are examples from CIC's own guidelines for what is, and what is not, misrepresentation:
Examples
Officers are to apply the aforementioned guidelines designed to support the consistent and fair application of the misrepresentation provisions. It is not possible to provide an exhaustive list of all scenarios. In each case, all the relevant information and the circumstances should be carefully considered. The following examples generally illustrate the intent of these guidelines.
The following situations would generally constitute misrepresentation:
An applicant fails to disclose that they recently applied for a visa to Canada.
An applicant fails to disclose a criminal record, even if it is eventually established that
they are not inadmissible under the criminality provisions (either due to lack of
equivalency or because of the deemed rehabilitated class, for example).
An applicant for a visa fails to disclose the existence of family members, even if the
family members could satisfy the requirements of the Act. [R117(9)(d)]
An applicant fails to disclose that they were previously issued a removal order in Canada,
even if they would not require consent to return.
An applicant includes a nephew in their application and lists this person as a son.
An applicant misrepresents the age of a family member who could otherwise not be
included in the application.
A skilled worker applicant submits a false education certificate in an effort to meet
selection criteria that they would not otherwise meet.
Failure to disclose changes in marital status or changes in material facts since visa
issuance abroad [R51]
The following situations would not generally constitute misrepresentation:
Mistakes or misunderstandings:
2015-08-01 37
ENF 2/OP 18 Evaluating Inadmissibility
An applicant who indicates the current year as their year of birth; or reverses the date and month of birth on an application form.
An applicant who indicates being single, when in fact they are widowed.
An applicant who fails to disclose being denied entry into Canada when attempting to
enter from the United States for an afternoon five years ago. The applicant explains that because “withdrawal” was effected, the notion of having been denied entry into Canada was not properly understood (that is, the applicant did not believe entry into Canada had been denied because the option of withdrawal or “Allowed to Leave” was offered and exercised) and the applicant, in the officer's opinion, is credible.
Other cases where a person answers truthfully at an interview without hesitation and it is reasonable to believe that the person did not understand the question on the application form or forgot the relevant information at that time.
It seems to me that, especially since you mentioned the visa refusals on a PR application PRIOR to your rejected one, you have a very good case for this being a mistake rather than a misrepresentation. You can, of course, write a CSE explaining all this and asking them to reopen your case, but if you can afford it, I would instead find a reputable lawyer QUICKLY who will do it for you, making sure to hit all the relevant legal points. Being banned for 5 years from making an application is a serious thing, and CIC does not do it lightly or often. I would fight it if I could! Good luck!
I just checked and it's interesting that the language used in Schedule A is different with the language used in the security question on the online EE profile.
In Schedule A, question E asks "been refused admission to, or ordered to leave, Canada or any other country," while online it asks "been refused visa or ordered to leave, Canada or any other country." So, on schedule A, the word "visa" is mentioned only in question D, but online, it is mentioned in both the forth and fifth questions. In other words, if one has even been refused visa for any country, selecting yes for either the forth or fifth questions (or both) should be acceptable as they are asking the same thing (with regards to visa). But in Schedule A, question D must be marked if visa was refused, and question E, if you were denied status (temporary residence permit, work permit, study permit, and so on).
Of course I could always be incorrect. But this is the way I see it.
In Schedule A, question E asks "been refused admission to, or ordered to leave, Canada or any other country," while online it asks "been refused visa or ordered to leave, Canada or any other country." So, on schedule A, the word "visa" is mentioned only in question D, but online, it is mentioned in both the forth and fifth questions. In other words, if one has even been refused visa for any country, selecting yes for either the forth or fifth questions (or both) should be acceptable as they are asking the same thing (with regards to visa). But in Schedule A, question D must be marked if visa was refused, and question E, if you were denied status (temporary residence permit, work permit, study permit, and so on).
Of course I could always be incorrect. But this is the way I see it.
thanks a lot Dobes. I was given a chance to respond and I sent a Sch A that correctly ticked both 6d and E questions. on my express entry PR application I ticked yes to the one saying if i had been refused admission to any country. i only ticked no for the one buried under refugee and certificate of qubecc
I just checked online again to what I uploaded on my PR application, i ticked yes to having been refused a visa or permit to Canada or any other country.
i only didnt tick correctly to the one under refugee stuff. my FSW 2014 was returned due to cap been full so I dont know how that would work.
I was sent a procedural fairness letter last month that asked for an updated Sch A form. in this form I ticked all the boxes correctly and sent a letter of explanation on the visa refusals. I didnt give a reason for been denied these visas i just stated the country and the time i was denied.
So considering that I ticked correctly on one of the questions, that should be a reason to have legal standing. Right?
i only didnt tick correctly to the one under refugee stuff. my FSW 2014 was returned due to cap been full so I dont know how that would work.
I was sent a procedural fairness letter last month that asked for an updated Sch A form. in this form I ticked all the boxes correctly and sent a letter of explanation on the visa refusals. I didnt give a reason for been denied these visas i just stated the country and the time i was denied.
So considering that I ticked correctly on one of the questions, that should be a reason to have legal standing. Right?
the refusal from france and UK had rejection stamps and I sent it to them. I sent them all the pages of my passport with stamps.