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Misrepresentation- ban of 5 years

johnbloodysnow

Star Member
May 27, 2020
59
2
Hello everybody,

I applied TRV in 2017 and I filed my TRV file through an agent. At that time there was a criminal proceeding against me which I was not aware of. However, case was acquitted later on and I never visited Canada on that TRV. Should I mention it through the webform now as I am planning to apply PR next year or so. I know I might be held responsible for misrepresentation but if I raise through webform I might receive a ban for 5 years now. I will not go through IELTS and ECA and focus on Australia PR instead. I think I have no way to prove that I had no knowledge of criminal proceedings and without it is very hard to win the case in court. Kindly give your views guys what should I do.

Thank you.
 

bellaluna

VIP Member
May 23, 2014
7,373
1,764
Hello everybody,

I applied TRV in 2017 and I filed my TRV file through an agent. At that time there was a criminal proceeding against me which I was not aware of. However, case was acquitted later on and I never visited Canada on that TRV. Should I mention it through the webform now as I am planning to apply PR next year or so. I know I might be held responsible for misrepresentation but if I raise through webform I might receive a ban for 5 years now. I will not go through IELTS and ECA and focus on Australia PR instead. I think I have no way to prove that I had no knowledge of criminal proceedings and without it is very hard to win the case in court. Kindly give your views guys what should I do.

Thank you.
Having no proof doesn't mean you're automatically out of the running for Canada PR. Things like this happen.

Best to be upfront about it in the application, and for every "yes" answer, you are given the chance to explain.

I knew someone who also had a case them and later was dropped and not charged...IRCC asked for a first-person account of the situation, plus any relevant documents. They got their PR in the end.

You might want to try to find out if there are any annotations on your police certificate.
 

johnbloodysnow

Star Member
May 27, 2020
59
2
Having no proof doesn't mean you're automatically out of the running for Canada PR. Things like this happen.

Best to be upfront about it in the application, and for every "yes" answer, you are given the chance to explain.

I knew someone who also had a case them and later was dropped and not charged...IRCC asked for a first-person account of the situation, plus any relevant documents. They got their PR in the end.

You might want to try to find out if there are any annotations on your police certificate.
There are no annotations on my Police Certificate. I have Clear PCC as welll since charges were dropped. Ofcorse I will tick yes when I apply visa this time. But I m not sure I might be given 5 year ban for misrepresentation in the previous application. I have read so many cases; However ofcorse candidates were not upfront about their criminal proceedigs or convictions.
 

bellaluna

VIP Member
May 23, 2014
7,373
1,764
There are no annotations on my Police Certificate. I have Clear PCC as welll since charges were dropped. Ofcorse I will tick yes when I apply visa this time. But I m not sure I might be given 5 year ban for misrepresentation in the previous application. I have read so many cases; However ofcorse candidates were not upfront about their criminal proceedigs or convictions.
But you weren’t convicted so there’s nothing that can even be misrepresented. Again, tick yes and explain the acquittal. It should be fine.
 

johnbloodysnow

Star Member
May 27, 2020
59
2
I dont know how my case will be different than "Bundhel Vs Canada". This person did not disclose about his criminal convictions which were later on dropped by the court. However, He was held responsible for misrepresentation ofcorse he was not upfront about his criminal proceedings. Here is the link to his case "https://www.canlii.org/en/ca/fct/doc/2014/2014fc1147/2014fc1147.html?searchUrlHash=AAAAAQAHYnVuZGhlbAAAAAAB&resultIndex=1"

The only case won by someone is this one. The candidate lied in previous application and revealed about his criminal case in the later application. The guy claimed that he lied initially because he was fearful of his life in Syria. So lied to get into Canada and later on told the truth when applied PR.
"https://www.canlii.org/en/ca/fct/doc/2018/2018fc1279/2018fc1279.html?searchUrlHash=AAAAAQAGVEFISEFOAAAAAAE&resultIndex=1"

So according to my perception criminal proceedings were material fact for my TRV application in 2017. How my case will be any different than "Bundhel vs Canada" Please give more insights.

@scylla and @legalfalcon @PMM @canuck78

please give your insights as well. Any other members are welcome to give their views.Thank you so much all of you
 
Last edited:

johnbloodysnow

Star Member
May 27, 2020
59
2
Easier for you to be upfront and show that any charges were dismissed versus risking ban.
Ofcorse I will be upfront about regardless what the consequences are but do You think I have chances of not gettting a 5 year ban? as I think its already misrepresentation of not telling about criminal proceedings in 2017; If i will b upfront about it in current application will it have positive impact?
 

johnbloodysnow

Star Member
May 27, 2020
59
2
Yes you are at low risk of getting a ban in my opinion. Are you worried because you didn’t declare the arrest in 2017?
I was not arrested or convicted but an FIR (First information Report called in India) was registered and cops did not inform me untill they started investigation as they are not require to do it according to law. However the case was acquitted later. What my conern is that case was registered before the visa application. Technically I cant prove that I was not aware or informed.
 

johnbloodysnow

Star Member
May 27, 2020
59
2
I messaged @Leon
and this is what he had to say on this.

Two options. 1) you come clean and risk misrepresentation because you didn't mention this before or 2) you don't come clean and hope they never find out.

If you do 1) you might possibly get a ban for 5 years. If you do 2) you'll be looking over your shoulder for the rest of your life because if you are a PR or even citizen and they find out about misrepresentation in the past, they could take it away and send you packing.

Personally, I don't know the odds of you getting a 5 year ban if you do 1) but I think the odds of them finding out if you do 2) are very low unless somebody you know tells on you.
 

carolbb23

VIP Member
Jun 24, 2016
3,565
406
toronto
Category........
FAM
Visa Office......
mississauga
App. Filed.......
15\12\2015
Doc's Request.
already did for applications
Nomination.....
n/a
AOR Received.
15/01/2016
IELTS Request
n/a
File Transfer...
10/03/2017
Med's Request
n/a
Med's Done....
02/11/2015
Interview........
thank god no interview
Passport Req..
n/a
VISA ISSUED...
28/04/2017
LANDED..........
28/04/2017
Hey you gotta be honest cause if you go to Australia or canada or us or Europe they shared info
 

Aquakitty

VIP Member
Mar 21, 2011
3,015
162
BC
Category........
FAM
Visa Office......
Ottawa
App. Filed.......
04-03-2015
AOR Received.
14-04-2015 - SA Received: 20-04-2015
Med's Done....
28-01-2015 Upfront
Interview........
Waived
Passport Req..
N/A
VISA ISSUED...
25-06-2015
LANDED..........
11-07-2015
I don't know what you should do, as I am not a lawyer. However I can give an opinion. If the criminal proceedings are very close to the time you applied then it would be reasonable that you didn't know. Plus you never used the TRV so I don't see that as being a huge issue?