Are you sure I'll receive a COPR document along with my visa? Does receiving the visa mean I'm already a permanent resident? Also, do you mean I know I'll definitely receive the visa in October, but I intentionally concealed information about my unborn son from IRCC? What would my motive be? You said you studied the legislation and regulations with a bit more attention to certain areas. Please let me understand, does "that an examination is not complete until finalized" refer to before issuing the visa or before landing? What document indicates that an examination has been completed?
Who would like to explain the "at the time of that application"117(9)(D)? Does it include "the first time landing"
- Thread starter joe zhao
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I do not fully understand your question - you're phrasing this as if it is something still in process, and not in the past. So I will try to answer but given the confused phrasing, I don't wish to mislead.
-Someone who is an applicant and whose application is approved, will receive a visa that allows them to travel to Canada (once!), i.e. it is valid only for entry to Canada to become a PR. (The applicant is not yet a PR and the visa has an expiry date.)
-The COPR - confirmation of permanent residence - is issued along with that visa and provided to the applicant. Before it is completed and signed/executed etc at the border/port of entry, it is only a draft (essentially). (There are other documents provided together with these the visa and COPR, mostly informational and basic instructions, and two PR-sized photographs.). Repeat, at this stage, applicant is not yet a PR.
-Once completed (at the border/port of entry, and referred to still as 'landing' or first landing, although that term is somewhat archaic), the COPR is a permanent part of the record and it is at that point that the applicant becomes a PR - not before. The COPR serves temporarily (from the day of landing and only once completed) as proof of the PR status (until a PR card is received) - and after that as a record of the individual becoming a PR. This date will be listed on the PR card and various databases as the date of becoming a PR.
This visa/COPR process and documentation has been in place for quite some time - I believe since 2005 or 2008 or so. Closer to 20 years + than to ten years.
-I repeat that included in that information, and on the COPR, is info that you are obliged to report to IRCC of any change in your family status.
You write:
[Again I'm confused here by your present-tense phrasing - perhaps there's a rhetorical point I'm missing.]
I said (paraphrasing) that whether intentional or not, you withheld material information when you did not disclose you had a child, as required. Assuming you signed the COPR at border (as all do), you signed a statement with false information. You had received correspondence (and it is clear on the COPR) that made this clear. "Motive" does not enter into it. (If you wish to discuss motive and intentionality and whether that is something that can be legally disputed - you need a lawyer. Pointless to bring up here - very difficult and finer point of law.)
My understanding from the section of the Act (law) that I saw was that 'examination not complete until finalized', in the context of a PR applicant/application, meant admitted to Canada with PR status (i.e. finalization of the COPR at port of entry).
My point overall was that your argument seems to rely upon 'at the time of application' meaning at the time of submission of the initial application package. And there are several points in the Act (legislation) and the regulations where reference is made to the application processing or being processed and submission of the application - and while none of these are defined precisely (that I could see), reading in combination with the requirements for 'examination' as an integral part of the application (and any related requirements placed upon the applicant such as appearing for interviews, providing information (truthfully), etc), I see no way to support reading the act according to your 'strict' interpretation, i.e. that 'at the time of application' can ony be read as 'as at the date of submission of the application package.'
As I've now stated several times (sorry for repeating), given that IRCC also provides information in correspondence, etc., stating clearly that you MUST advise them of change in family composition (i.e. more or less dependants), there's effectively zero chance that your strict interpretation will hold up. It's not - in my opinion - supported in any way.
For example: every applicant (as far as I'm aware) receives an AOR (acknowledgement of receipt) some weeks (typically 30-90 days) after submission of the application package. I've just opened one to check - amongst other things it reads "If your circumstances change you have to let us know (see address, fax number and email address below).
More particularly, we want to know about a:
- Change in family composition including new born, divorce, marriage etc.
I have bolded to draw your attention to the relevant part.
This is very much a form letter. Some minor aspects may change. But 'you have to let us know' is very clear language, and you surely received some form of this message, more than once.
[Editadd: I just checked and realised I'd sent text from the AOR2, a second 'your file is being processed' provided with some apps, a few months after AOR1. But the language is also in the AOR1, on the 'you must tell us if you have a kid' is on both of them, not quite but almost identical.]
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