Is this misrepresentation?

[Avicon2016]

My husband (sponsor) had a child with his ex gf (we declare it as a mistake /one night stand with ex in Canada). In our application , we mentioned that the sponsor signed a document before the child was born. We searched it online and thought it was the Acknowledgement of Paternity so we stated it in our application last june 2017. we just found out it wasnt. It's was a consent to see the baby inside the womb. Got Sponsorship Approval already and papers is now being processed in Manila Visa Office. Yesterday we got additional document request: the sponsor’s child's birth ceritificate. We just found out the his name is not on the childs birth certificate. So now we cannot prove that he is the father of the child that we declared in our application.

Would it cause refusal of application?

We are trying to get the birth ceritificate from the mother. What if she refuses to provide it? We are given 30 days to provide the document.

 

[BertlCamus]

My husband (sponsor) had a child with his ex gf (we declare it as a mistake /one night stand with ex in Canada). In our application , we mentioned that the sponsor signed a document before the child was born. We searched it online and thought it was the Acknowledgement of Paternity so we stated it in our application last june 2017. we just found out it wasnt. It's was a consent to see the baby inside the womb. Got Sponsorship Approval already and papers is now being processed in Manila Visa Office. Yesterday we got additional document request: the sponsor’s child's birth ceritificate. We just found out the his name is not on the childs birth certificate. So now we cannot prove that he is the father of the child that we declared in our application.

Would it cause refusal of application?

We are trying to get the birth ceritificate from the mother. What if she refuses to provide it? We are given 30 days to provide the document.

My personal opinion is no, at this point it is not misrepresentation because you acted to the best of your knowledge BUT now that you know different I would be very proactive and update CIC with what's happening. Provide a detailed explanation of the situation. Any other opinions?

 

[avatarkyoshi]

My husband (sponsor) had a child with his ex gf (we declare it as a mistake /one night stand with ex in Canada). In our application , we mentioned that the sponsor signed a document before the child was born. We searched it online and thought it was the Acknowledgement of Paternity so we stated it in our application last june 2017. we just found out it wasnt. It's was a consent to see the baby inside the womb. Got Sponsorship Approval already and papers is now being processed in Manila Visa Office. Yesterday we got additional document request: the sponsor’s child's birth ceritificate. We just found out the his name is not on the childs birth certificate. So now we cannot prove that he is the father of the child that we declared in our application.

Would it cause refusal of application?

We are trying to get the birth ceritificate from the mother. What if she refuses to provide it? We are given 30 days to provide the document.

This sounds like it could get a bit complicated. You should seriously get a professional opinion from a lawyer. A misrepresentation has severe consequences and you can be banned from Canada for 5 years, so it's worth paying some money to get a professional opinion about how to handle this properly.

This may be easily fixable and not even a big deal, but it can also become a huge issue. You still have a chance to decide which way it goes, depending on the reply you send.

 

[Avicon2016]

This sounds like it could get a bit complicated. You should seriously get a professional opinion from a lawyer. A misrepresentation has severe consequences and you can be banned from Canada for 5 years, so it's worth paying some money to get a professional opinion about how to handle this properly.

This may be easily fixable and not even a big deal, but it can also become a huge issue. You still have a chance to decide which way it goes, depending on the reply you send.

Thanks for all your opinions. I am trying to find immigration lawyer. However, my other question is, if the father is not on childs birth certificate, is he obliged to give financial support?

 

[canuck_in_uk]

Thanks for all your opinions. I am trying to find immigration lawyer. However, my other question is, if the father is not on childs birth certificate, is he obliged to give financial support?

You don't need a lawyer. As I already said in reply to your PM, this is not misrepresentation. Your sponsor was told he has a child and so that child's info was included in the app. Just explain the situation to IRCC.

As for the financial support, he needs to contact a family law lawyer.

 

[avatarkyoshi]

You don't need a lawyer. As I already said in reply to your PM, this is not misrepresentation. Your sponsor was told he has a child and so that child's info was included in the app. Just explain the situation to IRCC.

As for the financial support, he needs to contact a family law lawyer.

But she said that perhaps she claimed she had sent a document which turned out to be something it wasn't. We don't have all the details, which is why I suggest a lawyer. It's always better to dish out some money and save your application rather than make an error you'll regret for years.

 

[canuck_in_uk]

But she said that perhaps she claimed she had sent a document which turned out to be something it wasn't. We don't have all the details, which is why I suggest a lawyer. It's always better to dish out some money and save your application rather than make an error you'll regret for years.

The sponsor was told he fathered a son and he acknowledged paternity (whether formally or informally), so that son's info was correctly listed in the app. The fact that they are now unsure of the paternity doesn't make it misrepresentation. Anyways, this child isn't really relevant to the processing of the app, so whether he is actually the biological child of the sponsor or not has no effect on OP's app.

 

[avatarkyoshi]

The fact that they are now unsure of the paternity doesn't make it misrepresentation.

Um, yes it does. If he claimed a child is his and it turns out it wasn't, that's misrepresentation, a criminal offence under Canadian law. CIC doesn't care if it was an innocent mistake. If you get a good visa officer, they may accept an apology and let it slide, but they could also use their full authority to charge you because "intent to deceive" does not matter. And yes it would affect the OP's ap because it would affect the sponsor's credibility, even though it's not directly relevant to the case. The material nature of the fact is something you may have to argue in court during a lengthy appeal process.

You've been around here way longer than me canuck, but I've been reading up a lot on misrepresentation lately and it seems like a lot of innocent mistakes destroy people's chances. That's why in my opinion, if you're not sure about something, it's best to seek a lawyer's advice rather than to regret it in the future.

 

[canuck_in_uk]

Um, yes it does. If he claimed a child is his and it turns out it wasn't, that's misrepresentation, a criminal offence under Canadian law. CIC doesn't care if it was an innocent mistake. If you get a good visa officer, they may accept an apology and let it slide, but they could also use their full authority to charge you because "intent to deceive" does not matter. And yes it would affect the OP's ap because it would affect the sponsor's credibility, even though it's not directly relevant to the case. The material nature of the fact is something you may have to argue in court during a lengthy appeal process.

You've been around here way longer than me canuck, but I've been reading up a lot on misrepresentation lately and it seems like a lot of innocent mistakes destroy people's chances. That's why in my opinion, if you're not sure about something, it's best to seek a lawyer's advice rather than to regret it in the future.

It isn't misrepresentation and it doesn't "affect the sponsor's credibility". At the end of the day, IRCC is not going to push the issue because it really isn't relevant to the application. OP's husband has acknowledged paternity but has no contact with the child and can't get the birth certificate; OP simply needs to explain that.

 

[avatarkyoshi]

At the end of the day, IRCC is not going to push the issue because it really isn't relevant to the application.

You're right that the likelihood of refusal on that basis is low since the officer will realize it won't stand in court, but the fact that a lot of appeals are accepted proves that officers do make refusals on a weak basis.

 

[canuck_in_uk]

You're right that the likelihood of refusal on that basis is low since the officer will realize it won't stand in court, but the fact that a lot of appeals are accepted proves that officers do make refusals on a weak basis.

This is not a reason for refusal. IRCC is not going to request a DNA test to prove whether this is the sponsor's child because again, it is irrelevant to the app.

 

[Avicon2016]

This is not a reason for refusal. IRCC is not going to request a DNA test to prove whether this is the sponsor's child because again, it is irrelevant to the app.

Will update this thread when we get the response from IRCC. We managed to get the childs BC. Will provide an explanation why he isn’t on the BC.

 

[Avicon2016]

Hi! I haven't heard from them since I submitted the additional documents (like I said, I will update). It's been 4 months since we submitted it. I am a june applicant and everyone is getting good updates. Do you guys think things are fine if 4 months have passed and no concern about our case?
@canuck_in_uk and @avatarkyoshi , any thoughts?

 

[jordo]

You could order your GCMS notes and find out.

 

[Survivor27]

Hi! I haven't heard from them since I submitted the additional documents (like I said, I will update). It's been 4 months since we submitted it. I am a june applicant and everyone is getting good updates. Do you guys think things are fine if 4 months have passed and no concern about our case?
@canuck_in_uk and @avatarkyoshi , any thoughts?

Were you able to link your app to GCKey? As @jordo said, you should order notes. I am confident your app is fine.