Is this misrepresentation?

[rimpysadhrey]

If you want to be 100 percent sure. you can apply for police clearance certificate which will cost you about 150 max and you will get all the details. Just say you need it for job application. you can apply for it any time.

stop paying the lawyer. you can even visit your local office and they can provide you details. Dont pay lawyers for nothing

 

[Sonia99]

If you want to be 100 percent sure. you can apply for police clearance certificate which will cost you about 150 max and you will get all the details. Just say you need it for job application. you can apply for it any time.

stop paying the lawyer. you can even visit your local office and they can provide you details. Dont pay lawyers for nothing

Hey,

Yes I did do a police clearance in April 2018 as I’m currently employed and the police certificate didn’t reflect any criminal record. I was just stressed over misrepresentation as I read a lot of cases in the forum that if you don’t declare a past visa refusal or charges/ arrests/ conviction you can get banned for 5 years. It’s scared me and hence went to a lawyer after submitting a web form. But I guess my web form didn’t get through as I didn’t receive any acknowledgment email though it showed that the form was successfully sent. I hope I don’t face any issues.

 

[rimpysadhrey]

If thats the case , i will say call CIC and ask them all your questions. They can help you. if you still have question please visit your local MLA. they can help you with this easily as this is part of their JOB. They can check with layers or other authorities and help you fill you immigration applictaion too.

 

[Sonia99]

If thats the case , i will say call CIC and ask them all your questions. They can help you. if you still have question please visit your local MLA. they can help you with this easily as this is part of their JOB. They can check with layers or other authorities and help you fill you immigration applictaion too.

Well my problem here is I have already filled study permit extension and pgwp and both were approved without declaring that there was this case I was once involved in. Now I applied for a TRV to visit my home country and have a stable job here, my TRV is also approved and my friend insisted me to send a web form stating the case that I was once involved in. I’m worried because there should be any misrepresentation. But as discussed by the senior members in this forum there shouldn’t be any problem.

 

[rimpysadhrey]

yes there shouldn't be any problem at all. I am saying this in case you want to know more about it , rather then paying lawyer there are other better options

 

[Sonia99]

yes there shouldn't be any problem at all. I am saying this in case you want to know more about it , rather then paying lawyer there are other better options

I just want to know this that if I sent a web form and didn’t get any acknowledgment email though it showed successfully send does it mean they got my web form?

 

[LifeDreamer]

@Sonia99
You've been given wrong advice by all commentators on this thread. The study permits, post-graduate work permits require disclosure of any criminal arrests, charges or convictions. Having charges dismissed in court or being found not guilty does not relieve you from the obligation to disclose it. Having clear police certificates or being told not to mention it by anyone also does not relieve you from the obligation to disclose it. It was challenged in federal court several times and it was ruled time and again that being innocent as in your case is not a defense for the failure to disclose. So having filed those previous applications without properly declaring the criminal charge you did fall into misrepresentation unfortunately despite being approved, it could be that local police and provincial courts did not upload your data into CPIC for it to be visible to IRCC. When it's time for you to apply for permanent residence, if you plan to, a more thorough background check will be conducted by the RCMP.

I am sorry but this is how things work in Canada. It is one of the few countries in the world that require disclosure of non-conviction records but the only one that deems it a material misrepresentation for failing to do so, because it doesn't matter whether this could have affected your application you only had to block a line of inquiry when the officer was assessing your application.

So, for your current situation your lawyer's advice was correct in sending in a web-form about your situation to IRCC, and this is especially true if you intend to stay or live in Canada in the future. Having declared your case to IRCC before being found out will be considered by them and usually it does fix the problem if the applicant was already admissible on the true facts. I have seen a similar case to you where a British person voluntarily declared a juvenile case before renewing his work permit and it was accepted by IRCC.

Keep in mind that IRCC can still choose to file an inadmissibility report against you, meaning that you will be asked to go back to your country. This is a matter of discretion so no one can provide you with an answer on what could happen. Remember that this is not about the earring but rather about misrepresenting yourself on your past visa applications, which is taken to be more serious.

 

[Manpreet_2233]

New Comment for Scared

 

[LifeDreamer]

New Comment for Scared

Actually you are fine as you have disclosed the visa rejection before the officer decided your application, but you have taken a very big risk in waiting ~60 days to do so.

 

[Bryanna]

@Sonia99
You've been given wrong advice by all commentators on this thread. The study permits, post-graduate work permits require disclosure of any criminal arrests, charges or convictions. Having charges dismissed in court or being found not guilty does not relieve you from the obligation to disclose it. Having clear police certificates or being told not to mention it by anyone also does not relieve you from the obligation to disclose it. It was challenged in federal court several times and it was ruled time and again that being innocent as in your case is not a defense for the failure to disclose. So having filed those previous applications without properly declaring the criminal charge you did fall into misrepresentation unfortunately despite being approved, it could be that local police and provincial courts did not upload your data into CPIC for it to be visible to IRCC. When it's time for you to apply for permanent residence, if you plan to, a more thorough background check will be conducted by the RCMP.

I am sorry but this is how things work in Canada. It is one of the few countries in the world that require disclosure of non-conviction records but the only one that deems it a material misrepresentation for failing to do so, because it doesn't matter whether this could have affected your application you only had to block a line of inquiry when the officer was assessing your application.

So, for your current situation your lawyer's advice was correct in sending in a web-form about your situation to IRCC, and this is especially true if you intend to stay or live in Canada in the future. Having declared your case to IRCC before being found out will be considered by them and usually it does fix the problem if the applicant was already admissible on the true facts. I have seen a similar case to you where a British person voluntarily declared a juvenile case before renewing his work permit and it was accepted by IRCC.

Keep in mind that IRCC can still choose to file an inadmissibility report against you, meaning that you will be asked to go back to your country. This is a matter of discretion so no one can provide you with an answer on what could happen. Remember that this is not about the earring but rather about misrepresenting yourself on your past visa applications, which is taken to be more serious.

The OP had already sent a web form even before she started this thread to inform IRCC even though the case was dismissed. If-and-when IRCC seeks any additional information (now that the IRCC web form has been sent), she can comply with that request.

Not sure if you are suggesting that she must hire the lawyer who is demanding CAD 15,000.... probably just to send another web form to IRCC?

Actually you are fine as you have disclosed the visa rejection before the officer decided your application, but you have taken a very big risk in waiting ~60 days to do so.

It's important to disclose any such facts BEFORE IRCC seeks this information from the applicant. In this case, she has already informed IRCC of her own accord

 

[LifeDreamer]

The OP had already sent a web form even before she started this thread to inform IRCC even though the case was dismissed. If-and-when IRCC seeks any additional information (now that the IRCC web form has been sent), she can comply with that request.

Not sure if you are suggesting that she must hire the lawyer who is demanding CAD 15,000.... probably just to send another web form to IRCC?



It's important to disclose any such facts BEFORE IRCC seeks this information from the applicant. In this case, she has already informed IRCC of her own accord

That's true. But in this case the applicant had already applied and submitted incorrect information in at least two previous applications. A dismissed case still needs to be disclosed.

 

[Bryanna]

That's true. But in this case the applicant had already applied and submitted incorrect information in at least two previous applications. A dismissed case still needs to be disclosed.

She has disclosed the facts of the dismissed case through the web form. There's nothing else that she needs to do.

And, I truly hope she is no longer stressed

 

[Sonia99]

I was asked by the police officer+ lawyer in the court+ the crown+ the cic agent that since the case is thrown out I don’t have to mention it.

Having said that I saw a similar case in the forum where a PR holder was asked by the immigration officer if he had any arrest, change or conviction. The applicant explained the officer he had a charge but it was dropped and the officer wrote a no against his arrest, charge or conviction.

My intention wasn’t to misrepresent anything. I was adviced by the legal authorities that there is no need to mention it. I did my best and I still sent a web form but by no way I am a criminal. I’m allergic to fake earrings and also 4.99 cad wouldn’t be a big deal for me. I just don’t want to be called a criminal.

 

[Sonia99]

@Sonia99
You've been given wrong advice by all commentators on this thread. The study permits, post-graduate work permits require disclosure of any criminal arrests, charges or convictions. Having charges dismissed in court or being found not guilty does not relieve you from the obligation to disclose it. Having clear police certificates or being told not to mention it by anyone also does not relieve you from the obligation to disclose it. It was challenged in federal court several times and it was ruled time and again that being innocent as in your case is not a defense for the failure to disclose. So having filed those previous applications without properly declaring the criminal charge you did fall into misrepresentation unfortunately despite being approved, it could be that local police and provincial courts did not upload your data into CPIC for it to be visible to IRCC. When it's time for you to apply for permanent residence, if you plan to, a more thorough background check will be conducted by the RCMP.

I am sorry but this is how things work in Canada. It is one of the few countries in the world that require disclosure of non-conviction records but the only one that deems it a material misrepresentation for failing to do so, because it doesn't matter whether this could have affected your application you only had to block a line of inquiry when the officer was assessing your application.

So, for your current situation your lawyer's advice was correct in sending in a web-form about your situation to IRCC, and this is especially true if you intend to stay or live in Canada in the future. Having declared your case to IRCC before being found out will be considered by them and usually it does fix the problem if the applicant was already admissible on the true facts. I have seen a similar case to you where a British person voluntarily declared a juvenile case before renewing his work permit and it was accepted by IRCC.

Keep in mind that IRCC can still choose to file an inadmissibility report against you, meaning that you will be asked to go back to your country. This is a matter of discretion so no one can provide you with an answer on what could happen. Remember that this is not about the earring but rather about misrepresenting yourself on your past visa applications, which is taken to be more serious.

I don’t have 15,000 cad to pay to the lawyer. Any advice here would help. What should I do now? I don’t want to be deported as that will leave a very bad record on my file. Shall I leave the country before being asked to? Because this will limit my chances to any other country in the future. I don’t want to be held accountable for this when it was never my intention. If I apply for any other country do I have to mention this case?

 

[LifeDreamer]

@Sonia99
You don't need a lawyer at this time. A lawyer will not be of help as you are not yet in any trouble. You have to wait for IRCC's response if they approve your TRV and stamp your passport you are good to go otherwise they could ask for more documentation (the court records you have) and then go from there.

I will not answer what-if questions, and there is no point for you to think about what could happen as you have not yet heard back from IRCC. Obviously things have consequences, but needless to say you will not be detained or deported in the traditional sense if this is what you are worried about.

Wait for a response from IRCC and then post an update here.