The curious case of statutory questions.

As per Section A16.1 of the Immigration Refugee Protection Act, an applicant must answer all questions on the visa application truthfully and honestly.

Obligation — answer truthfully

  • (1) 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.

Hence all earlier visa refusals to any country for any purpose must be annotated and explained in your visa application to Canada. Failure to do so may get your application refused and even slapped for misrepresentation under section A40.2

Not disclosing an old deportation from the USA by one Indian, resulted in his Permanent Residency being revoked.

In the case of Singh, 2015 FC 377, pars. 47-48, an applicant failed to include his prior failed refugee claim and removal from the U.S. on his temporary resident visa application. In Singh, the applicant “did not think that something that occurred in the United States over nineteen years ago was relevant to his visa application, given the intervening connection he has established with Canada” and “did not believe that it was required to be disclosed in question 2(c) of the form.” In that case it appears the applicant made a conscious decision not to disclose. However, we have seen in many cases where misrepresentations being alleged involving that the same wording at issue in Singh – question 2(b), when read together with questions 2(a) and (c), were capable of being misunderstood.

Specifically, in that section, the first question refers only to Canada. The second question refers to Canada and then mentions “or any other country”. The third question goes back to inquiring about Canada only. The way the questions are arranged and phrased, applicants mistakenly believe that the whole section is only about Canada. This is, unfortunately, leading to five year bans pursuant to section 40(2) of the Immigration and Refugee Protection Act (IRPA).

So what to do?

First, read the questions carefully and do not underestimate the significance of an incorrect answer in filling out immigration applications. Further still, filling out immigration forms must be undertaken with access to historical information that may be relevant to the questions being asked. Do not guess about the reasons and timing of previous refusals, removal orders, arrests, charges, and convictions to list but a few, when filling out your forms. Confirm dates and reasons for important immigration-related events in your life.

Second, if an allegation of misrepresentation has already been raised by Immigration, Refugees, and Citizenship Canada, your case should be assessed by an immigration lawyer to see if an innocent error exception or materiality can be raised amongst other possible considerations, in defense. This argument does not suggest that applicants need not be accurate in filling out applications. Rather, an individualized assessment should be undertaken as to the inadvertence of errors made and any explanations provided.

Third, if you are already facing a refusal depending upon your immigration status and the stage of your case the matter may be examined at the Immigration Division, Refugee Protection Division, Refugee Appeal Division, Immigration Appeal Division and/or the Federal Court. For visitor visa refusals based upon misrepresentation, an applicant may seek to challenge the decision to the Federal Court of Canada.

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  • Hi kubeir, last year I applied for Canada visitor visa with my family . Me and my husband got it but my kids(3) were refused three times with this objection that ( you ll not come back from Canada)So we visited Canada without them . Now I want to go for study there but worried about my kids whether they ll get visa this time or not ? Can you tell me the chances of getting visa for them or any other solution? Thanks , writhing for your reply. Mrs saira saeed

    • Once you get a study permit, then chances of them getting a TRV are pretty good, since Canada strongly believes in family unification. You will need to provide sufficient ties to the home country to show a genuine intention to return back to the home country post your study.

  • Good morning, I once applied for US student visa but was refused, later on i applied for US visitor visa 5 years after and was given. i have visited the US on holiday and back to my country.

    Do i need to disclose the initial US student visa refusal while applying for Canada PR?

    Thanks.

  • HI Kubeir, I need some light on this issue of mine I want to apply for pnp but my issue is that I will not be able to provide PCC for my spouse as he has been deported from united arab emirates in September 2017 for drug abuse`.Should I take a chance n still go ahead n create an application or should I drop the idea ..KIndly advise.

    • If any member of your family is inadmissible then unfortunately you will be deemed inadmissible to Canada

  • Hi,

    I am a provincial nominee but I have checked NO to a visa refusal in my Sched A Background Declaration (honest mistake).

    I am about to submit my ITA soon, this time answering YES.

    Shall I write a letter and explain to my nominated province, or write to IRCC instead? thank you

  • I submitted my PR application about 2 months ago. I just discovered now that the date I wrote as when my wife started working in the visitors visa we obtained in 2015 was wrong. Though, the details in PR application are correct and are backed up with relevant documents.
    Does this have any implication? Is there anything I have to do now that I’m in IP2?
    Many thanks in anticipation.

  • Hi,

    Recently I got Canada visa refusal as I forgot to mentionmy about US visa refusal, that i got in 2006. I have good travel history. I have already traveled US, Canada, Australia, UK, Malaysia, Singapore, Hong Kong and Europe (thrice) for vacation.
    Kindly suggest what I will do to get Canada visa.

    Thanks

  • Greetings !

    I forgot to mention my earlier Spain visa refusal (Rejected due to intended purpose of stay was not clear) on my form. My AOR is 9th September 2018. Its been 5 months and im in ip2 now.

    When i called cic, they mentioned I have cleared my eligibility & criminal checks. Security is yet to begin.

    Do you think i should send a cse form mentioning this error. Im worried now.

    Thanks !

      • Nope no reply from cic yet. It’s been 5 months since AOR. Criminality passed eligibility passed when I Checked last week.

        • Hey Sharan, I have same problem like you. Did you get your visa?
          I have eligibility recommended passed and background check is in progress.

          Can we change our previous visa refusal now?

          Thank you

  • Hello Sir,

    I was rejected my US travel visa twice in 2017. I have already applied for the Canadian PR in Jan but I don’t remember what did I answer for the visa refusal question. I went back to check the PR forms that I have submitted but I don’t see any questions related to this. I am confused and worried now. Are there few questions that I am not able to see or was the visa refusal question not asked to me at all? Can you please help me sir.

  • Hi Mr. Kubeir Kamal
    I want to ask a question.
    My wife and kid have recently got CoPR with unaccompanied spouse (that’s me) and in the PR application I forgot to mention my UK Student Visa refusal in 2011 (which was due to my greedy agent, who produced fake visa letter and Loan letter) and I got banned for 10 yrs.
    and now I am applying for visitor visa to CAN, as me and my wife want to go there together and soon I have Bio metrics and again I forgot to mention about my refusal.

    so is it possible to mention about it now as i have already paid my fees and waiting for Bio metrics?
    would disclosing it now, can have negative impact on CoPR of my wife and Kid?
    and if I don’t disclose and they find it out, can it lead to ban and affect the CoPR of my wife?

  • Hi Kubeir,
    I did my Master’s & I have around 5 years of experience in IT software application development & currently working for a MNC. Is IELTS test mandatory to start PR process? And how many points I need to have to get PR.

    Please could you help me out on this.

    Many Thanks,
    Lakshmi!

  • Hi Kubeir, before two years I had a USA student visa rejection and I forgot to mention it in my student visa application and SOP and my Visa got denied under 16(1). So will I get my Visa if I explained them that it’s my mistake that I didn’t added about my usa Visa refusal at first place.

    • I was rejected from USA 3 times in August. This is my second attempt to canada. In first attempt, I had mentioned my USA visa rejection, however; I forgot this time and there was email

      “Our office has noted that you have not declared the previous USA visa refusal of August 2018. It appears you have not truthfully answered all the questions put to you, and it diminishes the credibility of your application.
      I would like to give you an opportunity to respond to this information. I will afford you 30 days from the receipt of this letter to make any representations in this regard. Please upload your response to your IRCC My Account (My CIC) before the due date. If you do not respond to this request within the time outlined above, your application will be refused. “”

      It was like this. Is there any chance of getting visa after saying that I had no intention of hiding those facts. If I would have,, then I wouldnot mention it in first application.

  • Hello sir

    I had refused for us visitor visa first time but next time I got it and visited usa 2 times.

    Still I have to mention in my PR form under 16 for refusal?

    Please help me

  • hello sir.. i have filed my case under pnp noc 4211 and my crs score is 428..its been 5 months now..but no news yet..my lawyer has applied in alberta and he said that applying in saskachwen will not be a good idea as it is a small province .they will pick my profile but will later on reject it..plzzz help me on this.

  • Need help how long to stay in nominated state under MPNP ??? Dependent child can go out of nominated state for study ???
    Is this cause any problems to PR status of Principal Applicant and Dependent child??

  • Hi Kubeir, I am a permanent residence of Canada. I am planning to apply a spouse PR application living outside Canada. I am not working right now. I had job before. I have NOA or Option C and tax return file of previous year 2019. So, can I apply an application without current job offer? Or should I add more documents related to income?

  • Good day Kubeir,
    My family of 3 recently got refusal on open work permit, study visa and visitor visa. And more over my spouse got 5 years ban due to misinterpretation. I am on work permit and planning to apply for permanent residency. Does my family visa ban affects my PR application in future? Thank you.

    • Misrepresentation ban for your spouse makes her inadmissible to Canada and as per the Canadian Immigration law, that makes the whole family inadmissible to Canada.

      • Dear sir, I did apply visitor visa to Canada (which was approved)when I was living in usa and did not reveal my previous usa visa refusals, now I have applied in Canada for inland spouse pr. here also idiot reveal same on my owp and pr file as to me I was living USA on valid visa and previous refusals did not hold significance( to which I was wrong), so to rectify if I sent cse via web form where I revealed my refusals and told that I was no aware about that I had to reveal as I had valid visa in effect at present. According to you how will IRCC take this information provided, will it still be misinterpreted, will this have any affect on my spouse who is pr in Canada.

  • Hi Kubeir,
    I need your advice, please.
    1- my husband has cancelled visa in USA because he stayed more than he must do. Can this affect our RP ? Shall we declare it as in the application they ask only for refusal visas ?
    2- he stayed more than 6 months in France and got his police certificate clean. Shall we explain why he stayed longer even if police certificate is clean ?
    Than you in advance

  • Hi sir,
    For sowp can we show parents Pf as a proof of funds and get their sponsor letter. PLZZ revert

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