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Misrepresentation warning

Virra

Newbie
Jun 30, 2016
3
0
Hello,

My husband and I are trying to become permanent residents in Canada. We were nominated on Ontario Province Nominee program, got 600 points from province and now there is a final part of the process. About a week ago we recieved a letter from immigration officer. There was told that he/she has "reasonable grounds to believe that there are serious discrepancies between the duties listed in the employment letter from *Company name* and the duties you did in fact perform for this employer. <...> I have concerns as to whether the employment letter from *Company name* authentically describes the duties and actions you undertook during your work experience with the company.
Furthermore, the misrepresentation or withholding of this fact may have led to incorrect decisions or to my inability to properly review your application according to the provisions of the Act and its regulations. Please note that if it is found that you have engaged in misrepresentation in submitting your application for permanent residence in Canada as a member of the Provincial Nominee Class, you may be found to be inadmissible under section 40(1)(a) of the Immigration and Refugee Protection Act. A finding of such inadmissibility would render you inadmissible to Canada for a period of five years according to section 40(2)(a)".

The information about his duties is correct, it was checked for 2 times by officers - 1st time when I applied on extension of work permit (grounds were that my husband had open work permit for 1 year longer than mine) and 2nd time when we applied on Ontario Province Nominee program. The thing is when officer called my husband's manager, the manager haven't provided any information at all (he didn't confirm nor denied) because the officer hasn't introduced himself (I know, he shouldn't have to do so, but he didn't say that he is from immigration services or something like that). The company works with private data and they have privacy policy.
We have met with couple different lawyers. They didn't provide us any new or usefull information, distorted the essence of letter, they only scared us and told us to hire them because only they can fix the situation.

Does anyone face the same or similar problem? How bad is it? And do you have any ideas what to do?
 

scylla

VIP Member
Jun 8, 2010
93,516
20,844
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Yes - it's serious. CIC is basically telling you that your application is going to be refused unless you fully address their misrepresentation concerns. You need to provide additional evidence from your company that proves you have the work experience you have claimed. I would also include a letter from the manager who spoke with CIC that explains why he did not fully answer their questions.
 

Virra

Newbie
Jun 30, 2016
3
0
Thank you for responce, scylla. We are going to provide the officer explanation letter from my husband's name, of course, another one will be from his manager, recommendation letter from one of his clients and pay slips (just in case). I hope it will be enough to prove he did claimed duties.
 

immigrant2b

Hero Member
Oct 29, 2014
742
15
Virra said:
Hello,

My husband and I are trying to become permanent residents in Canada. We were nominated on Ontario Province Nominee program, got 600 points from province and now there is a final part of the process. About a week ago we recieved a letter from immigration officer. There was told that he/she has "reasonable grounds to believe that there are serious discrepancies between the duties listed in the employment letter from *Company name* and the duties you did in fact perform for this employer. <...> I have concerns as to whether the employment letter from *Company name* authentically describes the duties and actions you undertook during your work experience with the company.
Furthermore, the misrepresentation or withholding of this fact may have led to incorrect decisions or to my inability to properly review your application according to the provisions of the Act and its regulations. Please note that if it is found that you have engaged in misrepresentation in submitting your application for permanent residence in Canada as a member of the Provincial Nominee Class, you may be found to be inadmissible under section 40(1)(a) of the Immigration and Refugee Protection Act. A finding of such inadmissibility would render you inadmissible to Canada for a period of five years according to section 40(2)(a)".

The information about his duties is correct, it was checked for 2 times by officers - 1st time when I applied on extension of work permit (grounds were that my husband had open work permit for 1 year longer than mine) and 2nd time when we applied on Ontario Province Nominee program. The thing is when officer called my husband's manager, the manager haven't provided any information at all (he didn't confirm nor denied) because the officer hasn't introduced himself (I know, he shouldn't have to do so, but he didn't say that he is from immigration services or something like that). The company works with private data and they have privacy policy.
We have met with couple different lawyers. They didn't provide us any new or usefull information, distorted the essence of letter, they only scared us and told us to hire them because only they can fix the situation.

Does anyone face the same or similar problem? How bad is it? And do you have any ideas what to do?
Dear sister we had the same situation.The allegation of misrepresentation is just worst nightmare we provided the visa officer the supporting documents but he wasnt satisfied it depends on your luck as well.he refused our application but i guess didnt put charge on us
 

immigrant2b

Hero Member
Oct 29, 2014
742
15
scylla said:
Yes - it's serious. CIC is basically telling you that your application is going to be refused unless you fully address their misrepresentation concerns. You need to provide additional evidence from your company that proves you have the work experience you have claimed. I would also include a letter from the manager who spoke with CIC that explains why he did not fully answer their questions.
Hello how are you?let me brief a bit about my case we recieved a letter of misrepresentation.we provided all the relevant documents to prove it wrong about allegation of misrepresentation.Finally the visaofficer wasnt satisfied and refused our application.Now my question is that still charge of misrepresentation remains on our part or its waived bec now in the letter the visa officer didnt mention about clause of misrepresentation .He just mentioned that i am not satisfied about work experience you have provided so i am refusing your application.Now whats the procedure involved further about the application and is it going to be workable?