Big problem here

[Igros]

Hi forum members! I saw that you all helping each other and thought to ask for advice wifh an issue I am facing now. Hope somebody will give me some advice I will accept all judgments and opinions!
Basically issue is not with me but my spouse. My spouse is Canadian citizen for a coupe of years already, but when coming to Canada on a student visa years back never declares his brother. ( which I know is misrepresentation) and now he sponsored me to Canada and I am already here. We are happy together. But here where the big problem comes, his brother wants to come to Canada now too.

How my spouse explained me, he cane to study in Canada and papers were done by consultant who omitted info about his brother mentioned just his sister and parents. So when applying for pr and citizenship he also didn’t mention about his brother. His sister and parents have Canadia visas but they also didn’t include the brother because didn’t want to get a refusal.

I would like to ask if anyone can help me to undertand what to expect and if there is any possibility to ask for a pardon from a government for my spouse??. He is a good citizen, works hard, pays tax, never had no criminal issues, his huge dream was to live in Canada and now he is afraid if his brother will come over he will be deported. thank you everyone for input in this not easy situation for us and may God bless you all!

 

[k.h.p.]

When did your husband get his citizenship? I ask only because I'm afraid about what some provisions in the law now say about misrepresentation and citizenship.

 

[Igros]

When did your husband get his citizenship? I ask only because I'm afraid about what some provisions in the law now say about misrepresentation and citizenship.

He got it in 2018

 

[k.h.p.]

I think you need to talk to a lawyer and not an internet forum.

Changes to the immigration legislation mean that anyone who obtains PR or even citizenship through misrepresentation can lose their citizenship. I hope it doesn't apply in your case, because it wouldn't just be a question of your husband's brother, but also your husband.

 

[Igros]

I think you need to talk to a lawyer and not an internet forum.

Changes to the immigration legislation mean that anyone who obtains PR or even citizenship through misrepresentation can lose their citizenship. I hope it doesn't apply in your case, because it wouldn't just be a question of your husband's brother, but also your husband.

Thank you, yes we will go see a lawyer to talk about this issue just wanted to hear if someone was in similar position. We badly regret past mistakes as they catch up in the future

 

[zardoz]

Hi forum members! I saw that you all helping each other and thought to ask for advice wifh an issue I am facing now. Hope somebody will give me some advice I will accept all judgments and opinions!
Basically issue is not with me but my spouse. My spouse is Canadian citizen for a coupe of years already, but when coming to Canada on a student visa years back never declares his brother. ( which I know is misrepresentation) and now he sponsored me to Canada and I am already here. We are happy together. But here where the big problem comes, his brother wants to come to Canada now too.

How my spouse explained me, he cane to study in Canada and papers were done by consultant who omitted info about his brother mentioned just his sister and parents. So when applying for pr and citizenship he also didn’t mention about his brother. His sister and parents have Canadia visas but they also didn’t include the brother because didn’t want to get a refusal.

I would like to ask if anyone can help me to undertand what to expect and if there is any possibility to ask for a pardon from a government for my spouse??. He is a good citizen, works hard, pays tax, never had no criminal issues, his huge dream was to live in Canada and now he is afraid if his brother will come over he will be deported. thank you everyone for input in this not easy situation for us and may God bless you all!

I doubt very much that failing to declare his brother is going to be a significant problem.
The only reason for the declaration is for background and security reasons, as a brother is not a "family member" for immigration purposes. There is no way to retrospectively declare the brother, so probably best to just keep quiet.

 

[Igros]

I doubt very much that failing to declare his brother is going to be a significant problem.
The only reason for the declaration is for background and security reasons, as a brother is not a "family member" for immigration purposes.

His brother don’t want to lie on his application to come to Canada, can he put that he has a sibling who is Canadian citizen?
Brother wants to immigrate as economic immigrant. Thank you for your input!

 

[canuck78]

His brother don’t want to lie on his application to come to Canada, can he put that he has a sibling who is Canadian citizen?
Brother wants to immigrate as economic immigrant. Thank you for your input!

Yes the brother should not lie. That would mean that 2 siblings would be misrepresenting,

 

[canuck_in_uk]

I doubt very much that failing to declare his brother is going to be a significant problem.
The only reason for the declaration is for background and security reasons, as a brother is not a "family member" for immigration purposes. There is no way to retrospectively declare the brother, so probably best to just keep quiet.

He likely did not include his brother so that he could say something like "I'm the only son and required to come home to care for parents" in order to increase his home country ties and therefore increase his chances of the study permit being approved.

 

[k.h.p.]

Yes. That is likely what happened.

Unfortunately I believe if the misrepresentation is at the root of the PR pathway, then the legislative changes may consider the entire PR and citizenship tainted by it. It's a bit-for test: but for this misrepresentation, would the person have received their initial visa?

I doubt that this misrepresentation would rise to the level of rescinding citizenship though.

 

[Igros]

Yes. That is likely what happened.

Unfortunately I believe if the misrepresentation is at the root of the PR pathway, then the legislative changes may consider the entire PR and citizenship tainted by it. It's a bit-for test: but for this misrepresentation, would the person have received their initial visa?

I doubt that this misrepresentation would rise to the level of rescinding citizenship though.

It could or could not be the reason he don’t even know. You mean the root of pathway it is initial visa study permit? he included sister though. we realize it was a huge mistake that have impact on our lives right now. How sad it is impossible to return in time and make the right choices.

 

[zardoz]

He likely did not include his brother so that he could say something like "I'm the only son and required to come home to care for parents" in order to increase his home country ties and therefore increase his chances of the study permit being approved.

Yes, good point...

 

[Igros]

Yes, good point...

I asked him about it, he said he didn’t sign any letter that would say about him being only son and taking care of his parents when he comes back. Consultant did all
work and that’s all, in the middle of process consultant ant said he did a mistake and forgot to put brothers info and that it’s no issue for the future if brother wants to immigrate to Canada too.

But my spouse was just 18 so kind of don’t know if he even read what he was signing.

So I wonder is there a chance of immigration finding out about not declaring sibling and what can be the consequences? If anyone has any idea Thank you all for your answers!!!

 

[zardoz]

I asked him about it, he said he didn’t sign any letter that would say about him being only son and taking care of his parents when he comes back. Consultant did all
work and that’s all, in the middle of process consultant ant said he did a mistake and forgot to put brothers info and that it’s no issue for the future if brother wants to immigrate to Canada too.

But my spouse was just 18 so kind of don’t know if he even read what he was signing.

So I wonder is there a chance of immigration finding out about not declaring sibling and what can be the consequences? If anyone has any idea Thank you all for your answers!!!

In my personal opinion, they will probably not worry about it.

 

[Igros]

In my personal opinion, they will probably not worry about it.

Thank you for your answer!