legalfalcon
VIP Member
- Sep 21, 2015
- 9,915
- Category........
- FSW
- Visa Office......
- Ottawa
- NOC Code......
- 4112
- App. Filed.......
- 03-09-2015
- Doc's Request.
- 01-10-2015
- AOR Received.
- 03-09-2015
- Med's Done....
- 17-08-2015
- Passport Req..
- 05-04-2016
- VISA ISSUED...
- 12-04-2016
- LANDED..........
- 05-05-2016
Hello @legalfalcon, thank you for reading my question. I have a question about adding work experience that I did not declare on my study permit and PGWP to my Express Entry profile. Hope you can give me some advice.
I applied for my study visa in my home country on Sept 02, 2019 and found a contract job in my home country one day after I submitted my student visa ( Sept 03, 2019) and worked for that company about 3 months before coming to Canada on Jan 01, 2020. So technically I did not have a job when I submitted my student visa. Also, I totally forgot to add that job when I applied for PGWP so my work history in student visa and PGWP are the same. Now, I want to add those work exprerience to Express entry to claim point and wondering
1. if that would cause misrepresentation in my case when the IRCC officer compares my work history and see the discripenacy between study visa/pgwp vs Express entry profile???? I do have all the documents of that job like ref letter, paystubs, etc.
2. I am not sure if this will be considered mispresentation because technically speaking I did not hide my job when I submit student visa (I did not have a job by the time I submitted the study visa application). I only forgot to include in my PGWP ( I read somewhere saying that work experience is not considered material that can affect the decision making process when it comes to PGWP, not sure it it is right) Hope you can give me some suggestions , Thank you for your time
All applications have to be consistent and you have to declare all information that is asked.
Under the law you have an obligation to be truthful:
16(1) of IRPA: 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.
If you file any application with IRCC, TRV, WP, PR etc, any of them can be looked into to review your current application or future applications, and any inconsistency can be a cause of misrepresentation. All applications have to be consistent, and if they are not, a reason why you omitted the information or the reason for the inconsistency has to be provided.
The law is clear, while applications for different types of status engage different considerations, it does not necessarily flow that statements made in temporary residence applications cannot affect subsequent permanent residence applications (or vice versa). In Suri v. Canada, the court found that the Officer’s concerns vis-à-vis the contradictions between the Applicants’ temporary and permanent applications were reasonable and based on that the applicant's misrepresentation ban was upheld.
Federal courts have ruled on this numerous times.
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>
Suri v. Canada available at http://canlii.ca/t/grvwt