Misrepresentation in a withdrawn application

[Peanut butter and jelly]

Hello, I might be panicking for nothing but I just want to ask this to be sure. A month and a half after I became common law in 2015 I applied to change the conditions of my study permit and applied as single because I did not know I was common law. However, I withdrew the application 2 weeks later (before it started being processed) because I needed to apply for an amendment and not to change the conditions. Now I’m just getting worried that this might result in a charge for misrepresentation and possible ban

 

[1887CAN]

Hello, I might be panicking for nothing but I just want to ask this to be sure. A month and a half after I became common law in 2015 I applied to change the conditions of my study permit and applied as single because I did not know I was common law. However, I withdrew the application 2 weeks later (before it started being processed) because I needed to apply for an amendment and not to change the conditions. Now I’m just getting worried that this might result in a charge for misrepresentation and possible ban

Are you applying for something currently? After you applied for your amendment, did you state you were common law? If this is the case, and the amendment was approved, then whomever approved it either didn’t check the existing withdraw application, or didn’t consider your previous omission to be an issue.

To the best of my knowledge, misrepresentation is only if you’ve deliberately lied and and deceived an immigration officer on an approved application. If you withdrew after two weeks, it’s likely that in such a short space of time, an immigration officer didn’t even look at the application, let alone begin to process it.

All of this is just an opinion based on a assumptions, of course. If you’re genuinely concerned, obtain the advice of a lawyer. However, common law isn’t always straight forward, and some people don’t seem to even realize it applies to them. Had you have been married and applied as a single person, then of course, that’s clear misrepresentation. No excuses for that. But common law? I’m not sure that would be grounds for misrepresentation, particularly if you corrected your error at the earliest opportunity.

 

[Peanut butter and jelly]

Are you applying for something currently? After you applied for your amendment, did you state you were common law? If this is the case, and the amendment was approved, then whomever approved it either didn’t check the existing withdraw application, or didn’t consider your previous omission to be an issue.

To the best of my knowledge, misrepresentation is only if you’ve deliberately lied and and deceived an immigration officer on an approved application. If you withdrew after two weeks, it’s likely that in such a short space of time, an immigration officer didn’t even look at the application, let alone begin to process it.

All of this is just an opinion based on a assumptions, of course. If you’re genuinely concerned, obtain the advice of a lawyer. However, common law isn’t always straight forward, and some people don’t seem to even realize it applies to them. Had you have been married and applied as a single person, then of course, that’s clear misrepresentation. No excuses for that. But common law? I’m not sure that would be grounds for misrepresentation, particularly if you corrected your error at the earliest opportunity.

Thank you for answering. In the amendment I did not have to state my marital status, only what I needed amended. However I applied for a PGWP and a TRV and I applied for both as common law and got approved, no issues. I submitted an application under common law spouse sponsorship on June 14

 

[1887CAN]

Thank you for answering. In the amendment I did not have to state my marital status, only what I needed amended. However I applied for a PGWP and a TRV and I applied for both as common law and got approved, no issues. I submitted an application under common law spouse sponsorship on June 14

I’d say you’re worrying about something that really isn’t an issue. I understand your worries though, you want to ensure you’re being honest and not misrepresenting yourself. It’s a good way to be.

The only thing I can think of that could be considered a negative, is that if you were obligated to update IRCC in any changes of your marital status whilst you had a valid student visa/study permit. I don’t know much about these specific visas/permits, so maybe a more suitable member of this forum can assist you further. You could check the guide on the IRCC website to see if it mentions anything.

To be honest though, the aforementioned sounds pretty ridiculous and far fetched. I can’t see what I’ve described as being an actual policy or obligation. And besides, if you were issued a PGWP and you stated your marital status as common law, then that’s your status now. You’ve not hidden anything from IRCC, you’ve updated your status at the first available opportunity and been honest the entire time.

Applying for PR as a common law spouse is a natural progression for someone who arrived as a student, earned their degree/diploma, was then approved for a PGWP, and is now in a settled common law relationship and applying for PR. It’s textbook stuff.

Be honest in your application, and be specific with details and dates. Don’t hide anything, even if you’ve had a period of time out of status. That’s the advice that was given to me, and I think it’s about as sound as advice can get. Making honest mistakes and having minor immigration violations has very little impact of spousal PR applications. Misrepresentation, however, is a big issue, and one that IRCC/CBSA takes very seriously. As long as you’re honest, your application will be processed without hindrance.

If you’re in any doubt about anything, it may be worth spending a couple of hundred dollars for a consultation with a lawyer, but I doubt that is necessary. Hopefully other forums members can chip in with advice too. Good luck with the application!