Misrepresentation on spousal sponsorship

[Miraclejj]

Your lawyer is incompetent and can't believe you're still using them. Your bed to lie in.

Man, although your intention is good, but I believe the OP had enough of it.
Actually what he submitted may work, I read some posts in a thread that people forgot to disclose their prior refusal VISA history on the application and received the procedure fairness letter, and then they replied as the way the OP replied, and IRCC accepted the explanations.

So, be understood, applicants are humans, and do make honorable mistakes. I mistakenly checked a wrong box on my application draft, then fortunately I found out and corrected it on my final application. It happens.

 

[LTL8605]

Man, although your intention is good, but I believe the OP had enough of it.
Actually what he submitted may work, I read some posts in a thread that people forgot to disclose their prior refusal VISA history on the application and received the procedure fairness letter, and then they replied as the way the OP replied, and IRCC accepted the explanations.

So, be understood, applicants are humans, and do make honorable mistakes. I mistakenly checked a wrong box on my application draft, then fortunately I found out and corrected it on my final application. It happens.

what is OP?

 

[Will_PA]

Man, although your intention is good, but I believe the OP had enough of it.
Actually what he submitted may work, I read some posts in a thread that people forgot to disclose their prior refusal VISA history on the application and received the procedure fairness letter, and then they replied as the way the OP replied, and IRCC accepted the explanations.

So, be understood, applicants are humans, and do make honorable mistakes. I mistakenly checked a wrong box on my application draft, then fortunately I found out and corrected it on my final application. It happens.

Yeah I'm done with this thread. Wasn't sure if OP had low IQ or was bad at English, so wrote letter. Sadly I think it's the former.

 

[Miraclejj]

what is OP?

Original Poster

 

[LTL8605]

Yeah I'm done with this thread. Wasn't sure if OP had low IQ or was bad at English, so wrote letter. Sadly I think it's the former.

Ok. i'm still grateful i know How to speak english. Sorry sir

 

[LTL8605]

• If misrepresentation is a possibility this likely will be drawn into the language of the procedural fairness letter.

The importance for IRCC of introducing this potential allegation, is that it can cover off potential credibility concerns. If no misrepresentation is alleged at this stage (in content), then it is likely an issue with sufficiency of evidence.

This section is not on our procedural letter.

 

[Miraclejj]

• If misrepresentation is a possibility this likely will be drawn into the language of the procedural fairness letter.

The importance for IRCC of introducing this potential allegation, is that it can cover off potential credibility concerns. If no misrepresentation is alleged at this stage (in content), then it is likely an issue with sufficiency of evidence.

This section is not on our procedural letter.

LTL8605, nobody here is saying that IRCC is denying you and your wife on the ground of misrepresentation on your spousal sponsorship. We are saying, there is potential risk that IRCC will come back and launch an investigation on your own PR application for misrepresentation, since you landed as single, but claimed actually you were common law prior to your landing . Those are separate cases we are talking about.

Will that be certain that IRCC will launch that investigation, after they deny your wife's case on whatever the ground is, not really. It is IRCC's discretion.
But as a sponsor and/or applicant, you should not treated it lightly, because that potential risk will be always hanging over your head. I, personally, read cases that IRCC launched investigation years or even decades after the case approval.

 

[Sous02]

He is immigration lawyer so it is hard to argue when they know more than me. I went to 2 immigration consultants and one lawyer and they told me same thing.

I have seen so many cases of bad lawyer advice here it could fill book after book. Get rid of your lawyer!!! they have no investment in this like you do. At the very least go see another lawyer although I believe in what you have been told here.

 

[Wonderland_1010]

LTL8605, nobody here is saying that IRCC is denying you and your wife on the ground of misrepresentation on your spousal sponsorship. We are saying, there is potential risk that IRCC will come back and launch an investigation on your own PR application for misrepresentation, since you landed as single, but claimed actually you were common law prior to your landing . Those are separate cases we are talking about.

Will that be certain that IRCC will launch that investigation, after they deny your wife's case on whatever the ground is, not really. It is IRCC's discretion.
But as a sponsor and/or applicant, you should not treated it lightly, because that potential risk will be always hanging over your head. I, personally, read cases that IRCC launched investigation years or even decades after the case approval.

Just jumping in here. I have a client from work who also tried to sponsor his wife and kids. He was charged with misrepresentation due to the fact he was married but landed as single. Then CIC emailed another letter stating that his PR status was being investigated and he could be deported from Canada.

Long story short, he filed a appeal to keep his status as PR and won the appeal. But he could never sponsor his wife and kids now.

 

[LTL8605]

Just jumping in here. I have a client from work who also tried to sponsor his wife and kids. He was charged with misrepresentation due to the fact he was married but landed as single. Then CIC emailed another letter stating that his PR status was being investigated and he could be deported from Canada.

Long story short, he filed a appeal to keep his status as PR and won the appeal. But he could never sponsor his wife and kids now.

How did he won the appeal and still be ban sponsoring his wife and kids?

 

[Miraclejj]

The purpose that we get the declaration is to be legally together but then 2016 we decided to get married. When we applied for common law declaration i was expecting that it should start when we get our bank joint account. I think i miss understand the meaning of Common law

Although I don't know where you live, but in general speaking, a couple will be recognized as common law for non immigration purpose, it will take at least two years (some provinces will be shorter, if you have child together), Quebec doesn't even recognize common law. So, I guess when you asked your lawyer to sign the declaration, you didn't disclose or even know that declaration would be used for your immigration purpose (only require one year living together), so in order to qualify as Common Law, you had to provide an older date that to meet the 2 or 3 years requirement for your lawyer to sign on it.

If it is right, can I say you shot yourself on your own foot?

 

[Wonderland_1010]

How did he won the appeal and still be ban sponsoring his wife and kids?

He had a really good immigration lawyer to represent him. And yes he is still banned from sponsoring his family.

 

[Miraclejj]

How did he won the appeal and still be ban sponsoring his wife and kids?

Well, that is what we are trying to tell you from the beginning, Charging with misrepresentation on the PR application and deny a spousal sponsorship on whatever the reason is are totally two different cases.

One case was won, does not mean the other related case would win automatically.

 

[LTL8605]

LTL8605, nobody here is saying that IRCC is denying you and your wife on the ground of misrepresentation on your spousal sponsorship. We are saying, there is potential risk that IRCC will come back and launch an investigation on your own PR application for misrepresentation, since you landed as single, but claimed actually you were common law prior to your landing . Those are separate cases we are talking about.

Will that be certain that IRCC will launch that investigation, after they deny your wife's case on whatever the ground is, not really. It is IRCC's discretion.
But as a sponsor and/or applicant, you should not treated it lightly, because that potential risk will be always hanging over your head. I, personally, read cases that IRCC launched investigation years or even decades after the case approval.

As long as my wife won't be denied due to misrepresentation then that should be fine with me. My only point is that i don't want to be ban on this application. If we will be ban later then we have the time to prepare for ourselves. Right now, we are not prepared. we are already established ourselves here. We have house, cars, work and lots of things will be affected.

 

[Miraclejj]

As long as my wife won't be denied due to misrepresentation then that should be fine with me. My only point is that i don't want to be ban on this application. If we will be ban later then we have the time to prepare for ourselves. Right now, we are not prepared. we are already established ourselves here. We have house, cars, work and lots of things will be affected.

Unfortunately, it is not up to you to decide. Should your wife be denied on IRCC 177 (9) d, if IRCC decided not to accept your explanation, it is even worse, because if your wife is not on her own long term visa, then after the refusal, IRCC will ask your wife to leave Canada within a short period, and you cannot get her back under any circumstances forever. Honestly, if I was you, I rather chose the misrepresentation, because it only bans for 5 years. The IRCC 177 (9) d bans for life.

Currently, your only hope is that IRCC accepts your explanation and allows the case to be processed continuously, which means you are cleared on both cases. Otherwise, your life in Canada will have immediately impact on the negative decision.