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

[legalfalcon]

Thank you soooooo much @legalfalcon ! I sincerely appreciate your detailed response and articulation of this matter that has been bothering me way too much these couple of days.

1. Yes, when I apply for PR, I have amended the mistakes I had committed making the prior application. The mistake occurred because we did not know we were supposed to attach extra sheets of paper to the application forms when there's not enough space to put down everything.

2. Coincidentally, all my so-called "employment experiences" were acquired while I was a full-time student. They are all very short-term jobs.

3. There are absolutely no gaps in my life so far. I have only been either studying, preparing for studying abroad (in Canada), or unemployed (which is my current situation) since 18 (I am 25 now) - all of which are consistently demonstrated and accounted for in all my applications.

4. And no, I am not applying under any work-experience based PR program that requires claiming points, such as CEC, FSW as you said. I applied through QSW - by virtue of having obtained a CSQ for having genuinely fulfilled all requirements for getting one. The program (PEQ - student) through which I got my CSQ is based on education - not work.

So I am guessing that I do not need to be worried about being accused of misrepresentation in my unique scenario. But yes, I have learnt a lesson, absolutely a lesson for life.

I believe I should have provided explanations as to why I "omitted" the 1 or 2 short part-time jobs done during school as part of my initial SP application. But my paper-based application has already been mailed out ~3 weeks ago, and the wait time for getting AOR from CIC is currently around 12 months (or even more) for my application category.

Two extra questions for you:
1. Should I supply the explanation with WebForm as soon as possible? Or should I do it in case I was asked about it?

2. Will the "omission" affect the validity of my study permit and PGWP thereafter?

1. If you did not provide an explanation, you should send it via webform. It is always better to explain any discrepancy in your previous application and your current one. Also, if you are not claiming points for the jobs that you did not mention before, and as long as you disclose them, you need not be worried.

2. This is a fact based questions. Though it should not, since the jobs were not material to your application per se (as materiality is one of the pre requisites of section 40(1), i.e. misrepresentation), but I can only point you to the resources and law, but cannot determinatively say anything. Neither should anything posted here be take as final or something binding, instead see how the resources shared here apply to your specific case and make a decision accordingly.

Hope this helps!

 

[legalfalcon]

Thank you @legalfalcon.

It is better to be seperated for a couple of days and travel this summer instead of pushing it 1 year, new medicals, new copr etc...

Now lets just hope this hotel quarantine issue is discarded soon. 8k for 3 days stay is just not feasible.

Testing on arrival and during quarantine is effective as of February 21, 2021, at 11:59 pm ET.
https://www.canada.ca/en/public-health/services/diseases/2019-novel-coronavirus-infection/awareness-resources/entering-canada-covid-19.html?fbclid=IwAR3D44rd0vNpn-4P7RmY2BMkcSR284sSe36tjZbM1KkLHTiX_Tibl3oWZXQ

 

[jckailun]

1. If you did not provide an explanation, you should send it via webform. It is always better to explain any discrepancy in your previous application and your current one. Also, if you are not claiming points for the jobs that you did not mention before, and as long as you disclose them, you need not be worried.

2. This is a fact based questions. Though it should not, since the jobs were not material to your application per se (as materiality is one of the pre requisites of section 40(1), i.e. misrepresentation), but I can only point you to the resources and law, but cannot determinatively say anything. Neither should anything posted here be take as final or something binding, instead see how the resources shared here apply to your specific case and make a decision accordingly.

Hope this helps!

@legalfalcon Sure you have helped me a LOT! just want to clarify with you:

Did you mean that the jobs I didn’t include in my Study permit application were immaterial to the application?

Also, I have just spotted another a problem on my PR application, which is irrelevant to previous applications:

On IMM5669 section 9, I need to include the fact that I had volunteered with a Facebook page for a very short period in 2020, which I didn’t even recall when I was preparing my application.

In this case, should I supply this information, along with the explanation of the aforementioned discrepancies, through Webform? If so, does it matter whether I have received an AOR? Can I just use my UCI - without an application number or a file number - to identify myself?

Can I just withdraw my application and resubmit? That way it’d be easier for me.

 

[legalfalcon]

@legalfalcon Sure you have helped me a LOT! just want to clarify with you:

Did you mean that the jobs I didn’t include in my Study permit application were immaterial to the application?

Also, I have just spotted another a problem on my PR application, which is irrelevant to previous applications:

On IMM5669 section 9, I need to include the fact that I had volunteered with a Facebook page for a very short period in 2020, which I didn’t even recall when I was preparing my application.

In this case, should I supply this information, along with the explanation of the aforementioned discrepancies, through Webform? If so, does it matter whether I have received an AOR? Can I just use my UCI - without an application number or a file number - to identify myself?

Can I just withdraw my application and resubmit? That way it’d be easier for me.

If you do not claim points for them, then the jobs you missed adding, would not be material towards calculating your score in your PR application. However, this does not per se absolve you from not disclosing them under the law since you have a responsibility to disclose all information na d be truthful.

A FB page doe snot fall under the category of professional, political org.

Whether to withdraw and re submit is your choice and decision. However, for the minor discrepancies a webform would suffice.

 

[jckailun]

If you do not claim points for them, then the jobs you missed adding, would not be material towards calculating your score in your PR application. However, this does not per se absolve you from not disclosing them under the law since you have a responsibility to disclose all information na d be truthful.

A FB page doe snot fall under the category of professional, political org.

Whether to withdraw and re submit is your choice and decision. However, for the minor discrepancies a webform would suffice.

Thank you for the patience.

In fact, I did not miss any "jobs" for my PR application. In contrast, it is my initial Study Permit application (made in 2018) in which I did not disclose one or two part-time jobs during my studies on IMM1294. I acknowledge and am aware that it is wrong to not have disclosed them. It was my error indeed.

So my question was actually:
1. Is the apparent "omission" of those 2 part-time jobs immaterial to my Study Permit Application?
2. Would the FB page be counted as a social organization? It was a group of foreign workers and students gravely affected by an immigration reform proposed and implemented by the Quebec government. The group organized peaceful protests, contacted MPs, and so on to demand that the QC government uphold its promises to add a grandfather clause to their proposed reforms, so that some workers and international students would not be affected.

 

[legalfalcon]

Thank you for the patience.

In fact, I did not miss any "jobs" for my PR application. In contrast, it is my initial Study Permit application (made in 2018) in which I did not disclose one or two part-time jobs during my studies on IMM1294. I acknowledge and am aware that it is wrong to not have disclosed them. It was my error indeed.

So my question was actually:
1. Is the apparent "omission" of those 2 part-time jobs immaterial to my Study Permit Application?
2. Would the FB page be counted as a social organization? It was a group of foreign workers and students gravely affected by an immigration reform proposed and implemented by the Quebec government. The group organized peaceful protests, contacted MPs, and so on to demand that the QC government uphold its promises to add a grandfather clause to their proposed reforms, so that some workers and international students would not be affected.

1. Section 40 which talks about misrepresentation states:

40

(1) A permanent resident or a foreign national is inadmissible for misrepresentation

• (a) for directly or indirectly misrepresenting or withholding material facts relating to a relevant matter that induces or could induce an error in the administration of this Act;

What is material is a fact based finding. However, the courts have rules that all information has o be disclosed. See mu previous post with federal court jurisprudence. If your application is refused then you can claim that the fact was not material, but then again, you have to be truthful and declare all jobs to begin with. Just because the part time jobs would not have mattered to make a decision on your stay visa application, doe snot make them immaterial and absolve you of your responsibility o disclose them.

2. A page on FB is not a social organisation. A social organisation is something that is registered under the laws and a legal entity.

 

[jckailun]

1. Section 40 which talks about misrepresentation states:

What is material is a fact based finding. However, the courts have rules that all information has o be disclosed. See mu previous post with federal court jurisprudence. If your application is refused then you can claim that the fact was not material, but then again, you have to be truthful and declare all jobs to begin with. Just because the part time jobs would not have mattered to make a decision on your stay visa application, doe snot make them immaterial and absolve you of your responsibility o disclose them.

2. A page on FB is not a social organisation. A social organisation is something that is registered under the laws and a legal entity.

"Just because the part time jobs would not have mattered to make a decision on your stay visa application, doe snot make them immaterial and absolve you of your responsibility o disclose them."

So do you mean I have misrepresented? I really don't get it and I am getting more confused now.

 

[legalfalcon]

"Just because the part time jobs would not have mattered to make a decision on your stay visa application, doe snot make them immaterial and absolve you of your responsibility o disclose them."

So do you mean I have misrepresented? I really don't get it and I am getting more confused now.

Misrepresentation is a finding by IRCC based on the facts and circumstances. If you do not get one, then you have not misrepresented per se. Only when your application is refused on the grounds of misrepresentation, have you finding of misrepresentation.

There is nothing to be confused. You are just confusing yourself. The simple answer is, if you forgot to mention something in a prior application, you should set the record straight in the subsequent one. And yes, you have to be truthful and disclose all information asked, which you did not in your study visa application. As long as you set the record straight now for the current application, you should be fine.

 

[jckailun]

Misrepresentation is a finding by IRCC based on the facts and circumstances. If you do not get one, then you have not misrepresented per se. Only when your application is refused on the grounds of misrepresentation, have you finding of misrepresentation.

There is nothing to be confused. You are just confusing yourself. The simple answer is, if you forgot to mention something in a prior application, you should set the record straight in the subsequent one. And yes, you have to be truthful and disclose all information asked, which you did not in your study visa application. As long as you set the record straight now for the current application, you should be fine.

Thank you sooo much. I am feeling much more relieved now.

I sincerely appreciate your patience and detailed responses. I will be absolutely truthful and get it straight every time in the future.

 

[legalfalcon]

Thank you sooo much. I am feeling much more relieved now.

I sincerely appreciate your patience and detailed responses. I will be absolutely truthful and get it straight every time in the future.

All the best!!

 

[worrier123]

I posted this in a separate thread but thought it might get a good response here! Thanks if so.

I received my first set of GCMS notes recently, all of which seems promising in terms of the overall progress of my application.

It says that my eligibility and medical were both passed, with Criminality and Info Sharing In Progress. Am I correct in thinking this is relatively normal? I applied at the start of May.

Here's my main issue:

I got married after I had submitted my application, informed IRCC in December and uploaded the requested documents associated with this and my wife just over a week ago on the 4th February. However, due to the file size constraints on the IRCC secure portal I couldn't upload all the requested documents and forms. I provided a cover letter explaining the situation, and that I would be submitting the missing documents via the webform. That actually took a couple of days, because a fault with the webform (acknowledged by IRCC) meant that it was impossible to upload documents. The IRCC sent me a receipt to say they had received my documents on the 5th February and I eventually managed to upload the rest of the documents on the same day. However, on the following day I received another letter from IRCC noting that there were missing documents, and requesting that I upload them. As I had already submitted the webform request I am assuming this is just a result of the delay between a webform submission and those documents being transferred to my application. The letter from the IRCC on the 6th regarding the missing documents didn't explain where or how these should be submitted, but I'm assuming they intend for it to be via the webform as that seems to be the only option. Given that I have already done it, is it safe to say I can relax? The second letter I received from the IRCC on the 5th February said I had 30 days to provide the documents, so this should cover me from the time it takes for webform submissions to be processed. Previously it took exactly a month between me submitting my change of martial status in December, and it showing up on my GCMS notes in January.

My other point of confusion is in the GCMS notes, the officer has mentioned in regards to the missing documents that 'many essential documents are missing, such as IMM008, Spouse PPT and other documents'. This came before I managed to submit some of these documents, as I'm assuming Spouse PPT refers to my wifes passport, which was one of the things that I uploaded on the webform. HOWEVER, the IMM008 form was one of the things that I DID upload via the IRCC secure portal, and I can see that the updated version of that form is included at the end of my GCMS notes, alongside everything else that I submitted via the portal. Is this likely just a case of the officer not checking over my documents properly? Is there anything I should do?

Thanks for any help you're able to give! I feel reassured that the rest of my application seems to have progressed without too many hitches, but it's easy to worry about these things (hence my username lol).

 

[IndiaDgreat]

Hi @legalfalcon
My POF doc is 11 days old from the date of departure ( While CIC says it should not be older than One 1 week)

Should I get it corrected?

 

[sokke]

Hi @legalfalcon ,
I had missed uploading 2 pages of my passport which has my current TRV and a stamp.
Will this be treated as miss representation?
My AOR is October 26, 2020 CEC, Inland Applicant.
Can I upload it via CSE?

Please Advice,
Thanks in advance.

 

[saver1985]

Hi @legalfalcon
Asking for a friend... my friend wants to apply as a cec applicant he has 1 year cec experience but he gaied this experience in 2017 . Does this experience count towards cec points or does this experience totally wont count towards any points. Thanks

 

[Survivor1]

Hi @legalfalcon
Asking for a friend... my friend wants to apply as a cec applicant he has 1 year cec experience but he gaied this experience in 2017 . Does this experience count towards cec points or does this experience totally wont count towards any points. Thanks

Hi @legalfalcon.....i have applied for permanent residence as a protected person. I have got pre arrival services letter. Does that mean, my application is approved now. How long it will take almost now?