I need help of someone , in form 5669 I have mentioned yes to visit visa refusal . but after 3 weeks of submission i was reading my paper just to time consuming and I have realized Its mentioned NO which is mistake of my consultant as I cant make changes in form Schedule A 5669 its different program so she is the one who made and I have signed and returned back as I didnt noticed and checked again. than I informed my consultant and I prepared Notary affidavit and send to IRCC, Can anyone please tell me that after even submission of my affidavit regarding mistakes still there is chances of my visa approval or still I can get misrepresentation . as My husband is main applicant . I am very much upset if anyone can reply who knows the procedure.
Innocent Misrepresentation: Married before initial landing but after getting the PR visa
- Thread starter Ahmed Khan 86
- Start date
@ahmedkhan86 I'm in a similar situation where I got married a month before I landed in Canada. I'm planning to now submit an outland spousal sponsorship application but not sure whether I should pursue this path or not. Did you eventually go about filing outland spousal sponsorship? What was the outcome if you did?
If you failed to add your spouse to your application before landing, the application is going to be refused. You cannot sponsor your spouse.
I tried to find your other posts but couldn't. It's odd to me that the forum software says you have three posts but then only shows this one.
Anyways, the OP never came back after this last post on this thread, so we don't know what OP tries and what the outcome was. There is at least one success story elsewhere on the forum, see https://www.canadavisa.com/canada-i...age-before-landing.556484/page-4#post-9095386 - but generally the understanding is that spousal sponsorship isn't possible anymore.
I know I'm way too late to help the original OP, but in case other folks find this thread like the most recent OP, I figure it's still helpful to give the answers to these questions.
It's certainly a possibility. The relevant law that was quoted is IRPR 117(9)(d) which you can find here: https://laws-lois.justice.gc.ca/eng/regulations/sor-2002-227/section-117.html
(9) A foreign national shall not be considered a member of the family class by virtue of their relationship to a sponsor if
- (d) subject to subsection (10), the sponsor previously made an application for permanent residence and became a permanent resident and, at the time of that application, the foreign national was a non-accompanying family member of the sponsor and was not examined.
(11) Paragraph (9)(d) applies in respect of a foreign national referred to in subsection (10) if an officer determines that, at the time of the application referred to in that paragraph,
- (a) the sponsor was informed that the foreign national could be examined and the sponsor was able to make the foreign national available for examination but did not do so or the foreign national did not appear for examination; or
- (b) the foreign national was the sponsor’s spouse, was living separate and apart from the sponsor and was not examined.
Note that this says "family class" - but a spouse who is included on your PR application for Express Entry is entered under the economic class. Since it's a different class, the line of thinking is that the spouse would still qualify.
I think the withdrawal itself wouldn't affect your chances. Back in 2018, the change in your "current" situation could have made a big difference (if say you had points dropping from adding your spouse or because you aged out). Today, upon entering 2026, that's only more the case - one has to be aware of the risk that if PR is withdrawal, then they may not be able to get enough points ever again to ever get re-invited.
Yes, because they'd still have the records from your original PR application to compare with the one from your new one. So they can tell the difference.
My guess would be no. My general understanding is that IRCC tends to be more forgiving if a person informs IRCC of a mistake and tries to fix it on their on initiative first, rather than waiting for IRCC to discover the mistake. Still something to double check with a competent immigration lawyer.
If asking about legal risk and all that, B is technically slightly riskier but not by much. Something to double check with the lawyer.
However, near the end of 2025 I think A can be the riskier approach because of the high number of points needed to get a new ITA. Folks who (from their point of view) had done everything right can't get enough points to hit ITA and risk being asked to leave Canada, just because scores are trending so high now.
The general observation in this forum - and from what we can see from published case law - is that we don't see much in the way of cases where IRCC did decide to withdraw someone's PR for misrepresentation when the misrepresentation was not including a spouse.
I think armoured puts it well here in saying that for many, not being able to sponsor their family amounts to the same thing, https://www.canadavisa.com/canada-i...irst-time-landing.876065/page-3#post-11117411
My understanding is no. If she qualifies for PR on her own then she qualifies on her own, so you aren't sponsoring her for PR and thus it's not relevant to her current PR application if she was once a dependent.
Probably best to follow the advice from armoured here to advice IRCC about the mistake: https://www.canadavisa.com/canada-i...need-help-rectifying-it.875338/#post-11102163
But I think the answer to this is the same as question 4) - it's the same slim risk.
Yes, I think it would. Your wife can't count you for points and has to treat you as non-accompanying (which is fine since you already have PR). But you still have to be included, and for IRCC if one member of the family isn't admissible, then the whole family is not admissible. So if you are found guilty of misrepresentation, lose all appeals, and end up removed from Canada and subject to a 5 year ban, then so is the rest of the family.
However, if you shoot them an email, I think this is unlikely to happen. As per the answer to question 4) the odds are slim. Still, perhaps best to double check and clear this with a competent lawyer just to be on the safe side.
I'm not 100% sure that it would, since you technically had to sign something on the CoPR itself showing that you were single. But maybe. Worth double checking with a lawyer. Also note that according to case law, innocence itself doesn't matter too much - negligence is innocent (in the sense that by definition, no one is deliberately negligent on purpose) but you can still be held liable for your negligence.
I don't know or understand why the five year ban would not apply if you were actually investigated for misrepresentation and found guilty lost all appeals etc. My understanding is that if this happens, so does the five year ban. This is backed up by the writings of multiple lawyers, e.g. https://www.matkowsky.ca/misrepresentation "Examples of misrepresentations would be: Fail to mention a family member" & https://meurrensonimmigration.com/misrepresentation-2/
I'd rather read scylla's wording as scylla believing that IRCC will almost certainly not investigate you for misrepresentation in a case of this nature.
