Misrepresentation possiblity

[D-K]

Hi everyone,
This year I have got an TRV to make an exploratory visit to Manitoba ( this is a part of Manitoba PNP). When I was filling a TRV application, I marked NO in a block about criminal past. I have got a TRV and successfully made the exploritory visit. At December I have got an ITA to PR and started to collect documents. When I have got a police certificate, I found that there is a notice that criminal case was arised against me and closed.

20 years ago I damaged another person’s car and he claimed to police. I refound all damage’s costs and this person take his claim from police without any arrest or conviction and I successfully forget about this case.

Now I have a big concern that I have made a misrepresentation in my TRV application.

I think, I have 2 variants.

1. Confess about TRV mid presentation and then if it will be possible continue my PR application.
2. Submit PR application with a have that IO will not check my TRV application.

I am asking for any advice or help because I do not know what I have to do in this situation!!! I am desperate and would be really appreciated for any help.

Thank you in advance!

 

[bellaluna]

No need to confess about the TRV misrepresentation IMO, but you can allude to it in your PR application that because of the time passed and the closed case, it was an honest oversight in a previous IRCC application.

When you submit the PR app with the police certification, you will need to write your version of what happened about the case (you can mention here about the oversight), and submit any official documents if possible.

That’s just what I think, but other more knowledgeable persons can chime in. I just know from dealing with a relative’s PR app that IRCC will request for details when there is a record on a PCC.

 

[D-K]

No need to confess about the TRV misrepresentation IMO, but you can allude to it in your PR application that because of the time passed and the closed case, it was an honest oversight in a previous IRCC application.

When you submit the PR app with the police certification, you will need to write your version of what happened about the case (you can mention here about the oversight), and submit any official documents if possible.

Thank you for so quick response and good advice.

I am afraid that cic, when they will see in my PR application about criminal record will have a question why there was no background check of my TRV application and as a result will deem my NO answer as misrepresentation and this misrepresentation will make my ITA for PR illigal.

 

[bellaluna]

Thank you for so quick response and good advice.

I am afraid that cic, when they will see in my PR application about criminal record will have a question why there was no background check of my TRV application and as a result will deem my NO answer as misrepresentation and this misrepresentation will make my ITA for PR illigal.

But they’re also partially responsible for not spotting it. What also works for you is that the case was settled and closed and you were not convicted. It’s a valid reason to have not brought it up because the question in the TRV app was about past convictions.

I forgot the exact wording in the PR app, but if it asks if you were convicted in the past, then “no” is still the truth. Read it again carefully. You can still change your answer post ITA, so long as you give an explanation. Like I said, the truth is on your side here.

 

[D-K]

But they’re also partially responsible for not spotting it. What also works for you is that the case was settled and closed and you were not convicted. It’s a valid reason to have not brought it up because the question in the TRV app was about past convictions.

I forgot the exact wording in the PR app, but if it asks if you were convicted in the past, then “no” is still the truth. Read it again carefully. You can still change your answer post ITA, so long as you give an explanation. Like I said, the truth is on your side here.

Thanks again. In PR application you have to mention about any convictions, arrests, charges and even commitments, so anyway I have to answer YES. I do not remember exact question in TRV application, but I think it is the same. That is because I am worrying.

 

[D-K]

Talked with two immigration lawyers, one of them adviced me to confess when I will submit my PR application, another one advised not to confess in a hope that CIC will not find my mistake and write an explanation if only they send me fairness letter. So I am still confused with this situation.

May be someone could help or have some similar experience?

 

[Bornlucky]

Talked with two immigration lawyers, one of them adviced me to confess when I will submit my PR application, another one advised not to confess in a hope that CIC will not find my mistake and write an explanation if only they send me fairness letter. So I am still confused with this situation.

May be someone could help or have some similar experience?

This is only my opinion, however I invite you to sit in the decision-maker's chair:

1. you had some sort of motor vehicle "incident" that opened a police file but was resolved without any action outside of them opening a file (if I have this right).

2. This incident 20 years ago, once recollected because of the PR application, was unconsciously omitted on the earlier application without any intent to deceive because looky here, you're coming clean about a real nothing, one time only run-in with the law.

A misrepresentation on the PR application is an inadmissibility and the car thing (as described) isn't. IMO you'd be creating a bigger issue by ignoring it.

Good luck

 

[D-K]

This is only my opinion, however I invite you to sit in the decision-maker's chair:

1. you had some sort of motor vehicle "incident" that opened a police file but was resolved without any action outside of them opening a file (if I have this right).

2. This incident 20 years ago, once recollected because of the PR application, was unconsciously omitted on the earlier application without any intent to deceive because looky here, you're coming clean about a real nothing, one time only run-in with the law.

A misrepresentation on the PR application is an inadmissibility and the car thing (as described) isn't. IMO you'd be creating a bigger issue by ignoring it.

Good luck

Thanks a lot, Bornlucky,

From the decision-maker's chair that you described this issue seems clear and not complicated. I do not plan to hide information about my "car incident", I just want to make everything right and thinking about should I disclose my mistake in TRV (because how "innocent" it may seem it is still offense commitment which I did not mention) when I will be submitting my PR application or I should disclose it if only CIC send me fairness letter.

 

[D-K]

One Canadian immigration lawyer offered to make a letter to CIC on behalf of me with an explanation of my mistake in the TRV application.
He wants 750 USD for this letter and I want to ask, is this a fair price for this kind of service?

 

[EstherBarros]

One Canadian immigration lawyer ofeered me to make a letter to cic behalf of me with an explanation of my mistake in the TRV application.
He wants 750 USD for this letter and I want to ask is this a fair price for this kind of service?

That really depends on your confidence while writing letters. You can write the letter yourself, it will have exactly the same effect as a lawyer writing it- providing information. I think it's a lot of money for something really small, I would write the letter myself, but I am pretty confident in my writing skills. If you have someone close to you who is confident in theirs, maybe just get them to write a professional, polite letter of explanation

 

[D-K]

That really depends on your confidence while writing letters. You can write the letter yourself, it will have exactly the same effect as a lawyer writing it- providing information. I think it's a lot of money for something really small, I would write the letter myself, but I am pretty confident in my writing skills. If you have someone close to you who is confident in theirs, maybe just get them to write a professional, polite letter of explanation

Thank you, EstherBarros!
I think too that this is a big money! Just wanted to hear other people's opinion.
I have someone in Canada who can help me with a correct and polite translation of my letter.

 

[nedian84]

Thank you, EstherBarros!
I think too that this is a big money! Just wanted to hear other people's opinion.
I have someone in Canada who can help me with a correct and polite translation of my letter.

Hello D-K ,

Would you mind telling that how one can start the process of exploratory visit to Manitoba?
Kindly reply please