Thank you >>>>>>>>> Legalfalcon <<<<<<<<<<<

[User2323]

Having a prior refusal by itself does not lead to lengthy review or BGC. However, the reason for the refusal would matter, i.e. whether if it was due to criminality, immigration violation etc. If it was just a simple refusal, it does not matter.

If you have answer yes, then your notes will have review required for and officer to look into it, but it does not delay the processing.

Mine was in fact due to criminality. Though never convicted, i was previously refused PR due to error in fact and law by previous officer over a conditional discharge in January 2020. File was reopened after judicial review and every court document was sent to show charges withdrawn. I am inland CEC since Feb 2019 so this has taken its toll on me. I passed all the admissibility stages except criminality since March 26th 2021

 

[legalfalcon]

Mine was in fact due to criminality. Though never convicted, i was previously refused PR due to error in fact and law by previous officer over a conditional discharge in January 2020. File was reopened after judicial review and every court document was sent to show charges withdrawn. I am inland CEC since Feb 2019 so this has taken its toll on me. I passed all the admissibility stages except criminality since March 26th 2021

For that IRCC will have to make a determination based on your record and the documents you submitted.

As per Canadian criminal Code:

Discharges 6.1

(1) No record of a discharge under section 730 of the Criminal Code that is in the custody of the Commissioner or of any department or agency of the Government of Canada shall be disclosed to any person, nor shall the existence of the record or the fact of the discharge be disclosed to any person, without the prior approval of the Minister, if

(a) more than one year has elapsed since the offender was discharged absolutely; or

(b) more than three years have elapsed since the offender was discharged on the conditions prescribed in a probation order.

Purging C.P.I.C.
(2) The Commissioner shall remove all references to a discharge under section 730 of the Criminal Code from the automated criminal conviction records retrieval system maintained by the Royal Canadian Mounted Police on the expiration of the relevant period referred to in subsection (1).1992, c. 22, s. 6; 1995, c. 22, s. 17(E).

Disclosure to police forces
6.2 Notwithstanding sections 6 and 6.1, the name, date of birth and last known address of a person who has received a pardon or a discharge referred to in section 6.1 may be disclosed to a police force if a fingerprint, identified as that of the person, is found

(a) at the scene of a crime during an investigation of the crime; or

(b) during an attempt to identify a deceased person or a person suffering from amnesia.

1992, c. 22, s. 6.

With a conditional discharge, the person’s records in CPIC are not expunged until three years after the completion of the terms of the conditions set out in the probation order.

So I am not sure how you say you were discharged conditionally and all charges were removed. I am not privy to your documents, so I can't say much.

 

[jeffrey Yip]

@legalfalcon Dear legalfalcon, I would like to have your opinion for this question

I was reviewing some details of an application submitted already and I found that one question (In the past 10 years, have you given your fingerprints and photo (biometrics) for an application to come to Canada?) of which the answer appeared as "Please Select" instead of "yes". I am certain that I selected yes for this question but not sure how it happened (maybe a misclick). Should I call inform IRCC about this issue (cannot modify the answer after submission) ? would that be a problem when the officer is assessing the application? Thank you so much for your valuable opinion

 

[User2323]

For that IRCC will have to make a determination based on your record and the documents you submitted.

As per Canadian criminal Code:




With a conditional discharge, the person’s records in CPIC are not expunged until three years after the completion of the terms of the conditions set out in the probation order.

So I am not sure how you say you were discharged conditionally and all charges were removed. I am not privy to your documents, so I can't say much.

I say that because I was originally on a 12 month conditional diacharge entered on October 2019. But a jugde varied that to a common law peace bond on March 2020. There was another charge of disboyeing lawful order that ensured in September 2020 due to allegations of contact made to ex partner, so the common law peace bond became null and was now a new charge of disobeying lawful order. That charge was 100% withdrawn on January 2021 and all court documents were sent to IRCC. Hence why i say charges withdrawn to date but IRCC were already aware as they asked those documents in February. I was later asked to complete schedule A on March 25th 2021 hence my question about the statutory question causing a delay.

 

[legalfalcon]

@legalfalcon Dear legalfalcon, I would like to have your opinion for this question

I was reviewing some details of an application submitted already and I found that one question (In the past 10 years, have you given your fingerprints and photo (biometrics) for an application to come to Canada?) of which the answer appeared as "Please Select" instead of "yes". I am certain that I selected yes for this question but not sure how it happened (maybe a misclick). Should I call inform IRCC about this issue (cannot modify the answer after submission) ? would that be a problem when the officer is assessing the application? Thank you so much for your valuable opinion

If you answered yes, IRCC will try and search for the biometrics in the system. If you inadvertently clicked yes, you should inform IRCC so that a biometrics request can be sent to you.

 

[jeffrey Yip]

If you answered yes, IRCC will try and search for the biometrics in the system. If you inadvertently clicked yes, you should inform IRCC so that a biometrics request can be sent to you.

Dear legalfalcon,

Thank you so much for your prompt reply. Yes I recall that I answered the question with yes but somehow the answer field strangely appeared as " Please Select" as if the question left unanswered in the first place. So I was worried if my application would be rejected based on this ? (because the question seems unanswered even though I did answer with yes). Sorry if I got a bit paranoid. Once again, thank you for your kind response.

 

[Ade3032]

Hi@Legalfalcon,
Please I need your expert view on my situation. I begin working in Canada on February 2020 on a closed work permit. The expiry date on my closed work permit is 1 November 2021. September 2020 I also got a study permit which expires in 2024 but am yet begin to studies formally. Am still using my closed work permit. I was invited for CEC in February 2021 and I have submitted my application. My question now is that 'I hope the officer wont invalidate my work experience from September 2020 when I got the study permit'? Am still working with my employer (Full-time) as stated on my closed work permit. My status update according to call centre are as follows:
AOR: March 28
Biometrics update/exempt:April 19
Medical pass:April 19
Criminality: Complete
Info sharing: Complete
Eligibility: Not started
Security: Not started

I look forward to hearing from you soon. Thank you!

 

[SJCochrane6]

There are many such application just like yours where all stages have bene passed and the GCMS notes may show approved. However, until a COPR is generated you will not see any change in your MyCIC account.

IF everything has been done, you just have to wait. IRCC is continuing to approved application and send out PPRs on a regular basis.

@legalfalcon Just out of curiosity who are these Outland applicants who have recently received PPRs and what are their scenarios? If anyone else out there is in this boat I would love to hear about your situation. I am also Outland and have looked at many forums to only see Outland applications still awaiting PPRs. Appreciate any insight. Thanks

 

[User2323]

Having a prior refusal by itself does not lead to lengthy review or BGC. However, the reason for the refusal would matter, i.e. whether if it was due to criminality, immigration violation etc. If it was just a simple refusal, it does not matter.

If you have answer yes, then your notes will have review required for and officer to look into it, but it does not delay the processing.

@legalfalcon piggybacking to my initial question, I'm actually thinking, does a refusal on a PR application file that is reopened few months later actually count as a refusal? Or a refusal on a PR application causing brand new application counts as a refusal? Because my file was initially refused due to error by officer but reopened few months later after judicial review, with IRCC admitting their fault. And i answered yes on the statutory questions to having a refusal

 

[legalfalcon]

@legalfalcon piggybacking to my initial question, I'm actually thinking, does a refusal on a PR application file that is reopened few months later actually count as a refusal? Or a refusal on a PR application causing brand new application counts as a refusal? Because my file was initially refused due to error by officer but reopened few months later after judicial review, with IRCC admitting their fault. And i answered yes on the statutory questions to having a refusal

If you r file was re-opened, then the refusal was nullified and thus would not count.

 

[legalfalcon]

@legalfalcon Just out of curiosity who are these Outland applicants who have recently received PPRs and what are their scenarios? If anyone else out there is in this boat I would love to hear about your situation. I am also Outland and have looked at many forums to only see Outland applications still awaiting PPRs. Appreciate any insight. Thanks

Not many outland applicants have received PPR, some did a few days ago. They were more of an exception than the norm.

 

[User2323]

If you r file was re-opened, then the refusal was nullified and thus would not count.

Omg and i answered yes in the statutory questions when asked if i was ever refused a visa in the past. Is there anything i can do at this point as I submitted that form since March 26th, 2021. Also i doubt this counts as misrepresentation does it?

 

[legalfalcon]

Omg and i answered yes in the statutory questions when asked if i was ever refused a visa in the past. Is there anything i can do at this point as I submitted that form since March 26th, 2021. Also i doubt this counts as misrepresentation does it?

If you did, you can send a webform and explain. There is nothing to be concerned about. Also, IRCC will be able to see that your application was re-opened.

 

[User2323]

If you did, you can send a webform and explain. There is nothing to be concerned about. Also, IRCC will be able to see that your application was re-opened.

Thank you, i will send a webform as you advised. Your input is always much appreciated.

 

[Ellen93]

Hi Legalfalcon, I just submitted my EE application and received AOR. By mistake, I forgot to attach LOE in an optional document slot because it wasn’t shown when I submitted my application. I heard that the missing slot is a common issue. I raised a web form with my LOE immediately, but I’m just so worried because my LOE has a lot of details and clarifications that might be needed during processing my application.

Does IRCC normally accept LOE after the AOR stage? If so, do you know how long it takes them to upload my LOE? I would really appreciate your help! Thank you,