Is this misrepresentation?

[Sonia99]

@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.

I feel bad about this entire process I have to go through inspite of being innocent. If it was even 1% of my intention to steal it I wouldn’t be so sad. I have no lewd intention what so ever and then I have to go through this. There was no evidence seen in the camera as well and the police officer himself said maybe it’s the mistake of the cashier. I was 100% innocent. I’m okay with leaving the country but I don’t want to be given a ban of 5 years for misrepresentation or any criminal offence charge that will be really bad if I get one.

Having said that I know so many who come to Canada and claim refugee though they aren’t and their claims get approved. It’s saddening how Canada is giving preference to fake refugees over honest immigrants.

 

[LifeDreamer]

You will not have a criminal offence charge.

Refugees have the same standards as other skilled immigrants and they also could lose their status for misrepresentation. They are not treated any differently from you.

 

[Sonia99]

You will not have a criminal offence charge.

Refugees have the same standards as other skilled immigrants and they also could lose their status for misrepresentation. They are not treated any differently from you.

I’ve had a few Pakistani friends who have come on fake refugee claims and not obtain a PR. I’ve seen a lot of cases like this in Canada.

 

[Wonderland_1010]

I’ve had a few Pakistani friends who have come on fake refugee claims and not obtain a PR. I’ve seen a lot of cases like this in Canada.

Well sooner of later IRCC will find out and they have the legal obligation to revoke PR or even Citizenship status if they find out misrepresentation was involved in any old applications. And those people who have obtained PR or Citizenship status fraudulently will have severer consequences such as 5 years ban and a bad immigration record which make it harder for them to travel.

 

[alok4best]

I don't get it. You asked people for their opinion here. Every one has said that you should be fine and asked you not to worry. You still got in touch with a lawyer who wants to charge you 15,000. At this moment you really have two options. Either you agree to the advice of people here and stop worrying, or pay the lawyer 15K if you feel that's the right approach. I don't think this forum can be of any more help.

 

[Sonia99]

Today my friend got a fairness letter from CIC even though she did mention about the incident through IRCC web form with evidences. Still she received a procedure fairness letter.

I don’t know why is IRCC doing this. The information was even updated on her application and there was nothing against her that they should have held her responsible for. I’m expecting I’ll get the same as I informed them through web form though my web form isn’t updated to my application yet.

 

[LifeDreamer]

Her circumstances may be different from you, so be hopeful.

 

[Bryanna]

Today my friend got a fairness letter from CIC even though she did mention about the incident through IRCC web form with evidences. Still she received a procedure fairness letter.

I don’t know why is IRCC doing this. The information was even updated on her application and there was nothing against her that they should have held her responsible for. I’m expecting I’ll get the same as I informed them through web form though my web form isn’t updated to my application yet.

What did the Procedural Fairness letter state in her case? What does she have to prove/disprove? Was she also charged for theft?

 

[Sonia99]

Hi,

The case was completely withdrawn and we didn’t undergo any trail other than the fact we were asked to pay 50 CAD as donation.

She has to state as to why didn’t she state this in her earlier applications same as I did. But she sent web forms in every application she did- study permit, study permit TRV, work permit and also work permit TRV. But now they have sent her this during her work permit TRV.

 

[Sonia99]

She too is trying to seek help from a lawyer but she’s asking way too much than we can afford that’s why thought if we could get any help from this forum.

My friend is planning to visit the court and get a letter from the crown stating that it was advised by their end not to mention in any application as the case was thrown out.

 

[Bryanna]

Hi,

The case was completely withdrawn and we didn’t undergo any trail other than the fact we were asked to pay 50 CAD as donation.

She has to state as to why didn’t she state this in her earlier applications same as I did. But she sent web forms in every application she did- study permit, study permit TRV, work permit and also work permit TRV. But now they have sent her this during her work permit TRV.

It's a bit confusing. The earring fell into your bag, right? Then why were both of you charged for theft?

 

[Sonia99]

It's a bit confusing. The earring fell into your bag, right? Then why were both of you charged for theft?

It was both our shopping bag not our handbag. It was one shopping bag that we paid together for and hence they charged both of us.

 

[Bryanna]

It was both our shopping bag not our handbag. It was one shopping bag that we paid together for and hence they charged both of us.

Ahh okay.

Your friend must also prove she had informed IRCC about this incident for each visa that she had applied. This will indicate that she had no reason to commit any misrepresentation + she had informed IRCC well before they sought this information

 

[Sonia99]

Ahh okay.

Your friend must also prove she had informed IRCC about this incident for each visa that she had applied. This will indicate that she had no reason to commit any misrepresentation + she had informed IRCC well before they sought this information

She replied to the fairness letter today and I stated every detail. Also, the form ashes if you have any arrest, charges or conviction which she/ we didn’t have because we were never handcuffed or convicted for anything. The charges were also withdrawn so I’m not sure why are they making this a problem now.

About my application they still haven’t asked for anything. My web form is sent and I’ll wait for their reply.

 

[SUMO2385]

Hi Sonia,

Could you please let us know what had happened after this? Did they call it a misrepresentation? I was also wrongfully arrested by an officer in the USA in 2014. When I was exiting the public park-like others using the hole/gap in the fence instead of using the gate. One furious officer (wearing a black T-shirt and basketball pants) charged at me and cursed me and asked me to get F*** of the park. Apparently, he was telling other people not to come through that gap which I was unaware of. I immediately apologized and said ok and walked towards the sidepath and started waiting for my friend who was about to come out of the gate as she was going to drop me at my car which was parked at the very front of the park. I hardly waited there for 40 to 50 seconds and the officer who shouted at me noticed that I am standing there and charged at me saying didn't I ask you to leave the park. I was about to start explaining to the officer that I m waiting on my friend but he refused to listen and handcuffed me and charged me with disorderly conduct and resisting arrest. Both these charges of course dropped by him and dismissed by the court immediately as there was nothing happened. So I have the non-conviction dismissed a misdemeanor charge which was later completely expunged by the court ( Expungement granted). My FBI record was clean before expungement. My State record is also clean therefore while applying for a work permit I was misinformed that since you have nothing on your record and has non-conviction dismissed and expunged record check "NO". My Work permit is approved. My question is the same should I declare on my PR application. I don't mind since I have all the court documents of dismissal and expungement with me. I am just not sure what to do declare or not?