Hi everyone. Quick question if anyone knows, if on the PR sponsorship application someone did not disclose they have close family in Canada is this a big deal (the family consists of 3 first cousins and a maternal maternal aunt living in the same city the sponsored person was moving to)? Would this be considered misrepresentation? I was advising someone, and told then that yes this is a big deal, because this is material information that may have affected the decision of the visa officer. Looking for someone experienced to advise, maybe there are some cases you have seen on CANlii you can point me to.
Application - not providing all information
- Thread starter sunshinemrc
- Start date
Do you have any idea why the applicant/sponsor did not include this information?
My view is:
-whether it would be adjudicated as misrepresentation in some hypothetical tribunal would likely very much depend on the facts - i.e. one could imagine circumstances where it unambiguously would be material (the relatives are a notorious crime family that the government is trying to expel, for an exaggerated example).
But note - there probably won't be such a tribunal, or not for quite some time.
-imagining this as some tribunal probably doesn't actually reflect what would happen in the near term - a case officer making a decision based on limited information would likely NOT be doing a big inquiry, and might just decide it's implausible to not mention four close relatives and it could only have been intentional. Therefore, misrepresentation, and whatever subsequent steps the officer wants to take (including eg bans).
Also note, the applicant's credibility is shot - a case officer discovering this is going to look at everything else very skeptically, esp if there is the slightest hint that it's not a genuine relationshp or other parts of the file have question marks.
Sure, it might be possible to appeal. But long, costly, painful and ... at the end, the person did misrepresent. This is not a case of not mentioning a third cousin or an unknown relative due to some previous marriage or whatever.
Of course, the case officer might not notice - doesn't seem a wise bet to take.
Note, I haven't poured over canlii but have seen a case or two where other relatives in Canada - undisclosed - were a factor.
If the application hasn't been approved yet, I think it's better to update it.
It likely have no real impact on the application.
BTW... I don't recall that a spousal sponsorship applicant has a section about relatives like cousins or aunts. I only remember Additional family information which cousins and aunts aren't part of the required information.
It likely have no real impact on the application.
BTW... I don't recall that a spousal sponsorship applicant has a section about relatives like cousins or aunts. I only remember Additional family information which cousins and aunts aren't part of the required information.
It's in IMM5532, the relationship information and sponsorship evaluation - part B.2 about the principal applicant.
You are correct. My husband do not have any relatives in Canada. That why I do not rememeber filling that in.
Then just submit an updated IMM5532. This likely do not have a big impact but as the others have replied, this is to avoid any slight misrepresentation.
So they know that you are being honest and up front on telling the whole truth.