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Feb 16, 2018
15
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Should I start with good or bad news?

Good news: I received an email from Cic that I have citizenship test on March 5, 2018.

Bad news: out of nowhere I received an email from IRCC Calgary saying:

On 25 oct 2012, You were granted permanent residence status in Canada, based on an Application and Undertaking submitted by your sponsor, XXX. We have reason to believe that you may have misrepresented your relationship with that sponsor in order to gain status as a permanent resident of Canada.


It is alleged that you may be inadmissible to Canada under section 40 of the Immigration and Refugee Protection Act, specifically:


40. (1) A permanent resident or a foreign national is inadmissible for misrepresentation

(a) for directly or indirectly misrepresenting or withholding material facts relating to a relevant matter that induces or could induce an error in the administration of this Act;


Regulation 4 of the Act states:


4. (1) For the purposes of these Regulations, a foreign national shall not be considered a spouse, a common-law partner or a conjugal partner of a person if the marriage, common-law partnership or conjugal partnership

(a) was entered into primarily for the purpose of acquiring any status or privilege under the Act; or

b) is not genuine.


You are requested to provide the following;


· Please provide a detailed account of what happened with your marriage to your sponsor including:

o How and when you met and when you decided to marry

o The circumstances that led to the breakdown of this marriage, to explain why and when your relationship ended, if applicable

o Any efforts that were made to save your marriage


· Provide evidence to support that you were in a genuine relationship before and after the date you became a permanent resident of Canada.

Please send the requested information/documents to this office within forty-five (45) days of the date of this letter. If you do not, a decision will be made based on the information available on your file. Should you not comply with the above request, a determination that you have not complied, could be made. Furthermore, this may result in the preparation of a section 44 report for non-compliance and may be referred to the Immigration Division of the Immigration and Refugee Board for an admissibility hearing and subsequent issuance of a removal order, if applicable.



A decision to allow you to remain in Canada or to seek to have a removal order issued against you will be made in the near future. The next step in this process is to conduct a review of the circumstances of your case. If an opinion is made that your case should be referred for review by the Immigration and Refugee Board, a report will be written and, along with the details of your case, will be forwarded for review.


You may make a written submission providing reasons why a removal order should not be sought. Etc.....

Long story short, Edmonton is making me citizen, Calgary on the other hand, trying to strip off my PR. We got seperated on feb 2014 and divorced finalized july 2015. She wanted a divorce. I have a son born july 2012. So don’t know what to do... and why am I facing this after more than 5 years?? So what is going to happen when I write and pass my test? Is this going to be an issue?

So I APPRECIATE ALL KINDS OF HELP AS TIME IS THE ESSENCE...

Thanks in advance
 

jsm0085

Champion Member
Feb 26, 2012
2,665
293
Job Offer........
Pre-Assessed..
Should I start with good or bad news?

Good news: I received an email from Cic that I have citizenship test on March 5, 2018.

Bad news: out of nowhere I received an email from IRCC Calgary saying:

On 25 oct 2012, You were granted permanent residence status in Canada, based on an Application and Undertaking submitted by your sponsor, XXX. We have reason to believe that you may have misrepresented your relationship with that sponsor in order to gain status as a permanent resident of Canada.


It is alleged that you may be inadmissible to Canada under section 40 of the Immigration and Refugee Protection Act, specifically:


40. (1) A permanent resident or a foreign national is inadmissible for misrepresentation

(a) for directly or indirectly misrepresenting or withholding material facts relating to a relevant matter that induces or could induce an error in the administration of this Act;


Regulation 4 of the Act states:


4. (1) For the purposes of these Regulations, a foreign national shall not be considered a spouse, a common-law partner or a conjugal partner of a person if the marriage, common-law partnership or conjugal partnership

(a) was entered into primarily for the purpose of acquiring any status or privilege under the Act; or

b) is not genuine.


You are requested to provide the following;


· Please provide a detailed account of what happened with your marriage to your sponsor including:

o How and when you met and when you decided to marry

o The circumstances that led to the breakdown of this marriage, to explain why and when your relationship ended, if applicable

o Any efforts that were made to save your marriage


· Provide evidence to support that you were in a genuine relationship before and after the date you became a permanent resident of Canada.

Please send the requested information/documents to this office within forty-five (45) days of the date of this letter. If you do not, a decision will be made based on the information available on your file. Should you not comply with the above request, a determination that you have not complied, could be made. Furthermore, this may result in the preparation of a section 44 report for non-compliance and may be referred to the Immigration Division of the Immigration and Refugee Board for an admissibility hearing and subsequent issuance of a removal order, if applicable.



A decision to allow you to remain in Canada or to seek to have a removal order issued against you will be made in the near future. The next step in this process is to conduct a review of the circumstances of your case. If an opinion is made that your case should be referred for review by the Immigration and Refugee Board, a report will be written and, along with the details of your case, will be forwarded for review.


You may make a written submission providing reasons why a removal order should not be sought. Etc.....

Long story short, Edmonton is making me citizen, Calgary on the other hand, trying to strip off my PR. We got seperated on feb 2014 and divorced finalized july 2015. She wanted a divorce. I have a son born july 2012. So don’t know what to do... and why am I facing this after more than 5 years?? So what is going to happen when I write and pass my test? Is this going to be an issue?

So I APPRECIATE ALL KINDS OF HELP AS TIME IS THE ESSENCE...

Thanks in advance
You need to deal with this ASAP. I suggest consulting an immigration lawyer. This isn't a joke - they can strip you of your PR which means no citizenship. Even if you sit the test and pass - you won't have your citizenship approved by an officer until this situation is recitifed.

It's as serious as it gets.
 
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Alurra71

VIP Member
Oct 5, 2012
3,237
309
Ontario
Visa Office......
Vegreville
App. Filed.......
07-12-2012
AOR Received.
21-01-2013
Interview........
waived
VISA ISSUED...
28-11-2013
LANDED..........
19-12-2013
Thank you my good man. I just don’t get it. Do you think they saw that red flag when I applied for my citizenship? Regards
I suspect your wife may have called CIC regarding the dissolution of the marriage and reported you. They didn't really do anything about it then but when you applied for citizenship, it brought it into the light.

Unfortunately, for you, you will have to answer to that first before they will even consider continuing with your citizenship application.
 
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sebbie

Star Member
Dec 27, 2017
86
23
They probably took a closer look at your case due to the citizenship application. The divorce is a bit of a red flag.

If you have a child it looks pretty genuine to me.

Take care of it and chances are you'll be fine!

I am not a pro or a lawyer!
 
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Seym

Champion Member
Nov 6, 2017
1,532
744
A good lawyer would probably easily help you prove that having a kid with someone makes the relationship as genuine as it gets.
Good luck !!
 
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Buletruck

VIP Member
May 18, 2015
6,703
2,540
and why am I facing this after more than 5 years??
There is no time limit on how far back IRCC can go when investigating misrepresentation. And regardless of your status, if they decide you received your PR through fraud, they will revoke your PR and your citizenship.
So how long ago did you apply for citizenship? Did you have condition 51 on your PR when you landed? If you did, the only thing I can see is that you separated from your wife before the 2 year condition would have been met. Despite Condition 51 being abolished, if an investigation was started prior to that (possibly from your citizenship application) and they deemed there were reasonable grounds to continue the investigation, that may be where this has come from. It may also be an unhappy "Ex" that has reported you. Difficult to say and they may never tell you the source, but they obviously feel there is sufficient evidence to support a review. Definitely isn't something to take lightly. Find yourself a good immigration lawyer ASAP.
 
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mikko008

Hero Member
Feb 3, 2016
242
37
123
Vancouver, BC
Visa Office......
Vancouver
NOC Code......
1242
Job Offer........
Yes
App. Filed.......
13-OCT-2016
Doc's Request.
4-NOV-2016
Nomination.....
10-NOV-2016
AOR Received.
13-APR-2017
IELTS Request
N/A
File Transfer...
Unknown
Med's Request
01-03-2018
Med's Done....
05-03-2018
Interview........
N/A
Passport Req..
Not Yet
VISA ISSUED...
Not Yet
LANDED..........
Not Yet (Inland Applicant)
It could either be that your ex-spouse reported you and claimed that you were tricking her/him into marrying you, or that the information your provided in any other CIC application contradicts what you input before. In this case, it's likely to be the second reason. Clearly you were single or married to someone else at the time of filing your citizenship application.

What you should do is to provide as much information as you can to demonstrate that your relationship with your ex-spouse was indeed genuine prior to the breakup. However, it is quite difficult to convince them. In the beginning of this letter, it states "We have reason to believe that...". This is a pretty firm tone. So I doubt that your ex-spouse may have reported you after your relationship broke....

In either scenario, you should consult a RCIC or a lawyer in hope of proving yourself as best as you can. Some objective evidences should help the most.
 
Feb 16, 2018
15
0
Guys I live in Edmonton. She lives in Newfoundlandand took the kid. God knows how many times I traveled back and forth (still do) there 3-4 times a year.. good thing I never giveup on my child and have so many photos as evidence..
 

mikko008

Hero Member
Feb 3, 2016
242
37
123
Vancouver, BC
Visa Office......
Vancouver
NOC Code......
1242
Job Offer........
Yes
App. Filed.......
13-OCT-2016
Doc's Request.
4-NOV-2016
Nomination.....
10-NOV-2016
AOR Received.
13-APR-2017
IELTS Request
N/A
File Transfer...
Unknown
Med's Request
01-03-2018
Med's Done....
05-03-2018
Interview........
N/A
Passport Req..
Not Yet
VISA ISSUED...
Not Yet
LANDED..........
Not Yet (Inland Applicant)
There is no time limit on how far back IRCC can go when investigating misrepresentation. And regardless of your status, if they decide you received your PR through fraud, they will revoke your PR and your citizenship.
So how long ago did you apply for citizenship? Did you have condition 51 on your PR when you landed? If you did, the only thing I can see is that you separated from your wife before the 2 year condition would have been met. Despite Condition 51 being abolished, if an investigation was started prior to that (possibly from your citizenship application) and they deemed there were reasonable grounds to continue the investigation, that may be where this has come from. It may also be an unhappy "Ex" that has reported you. Difficult to say and they may never tell you the source, but they obviously feel there is sufficient evidence to support a review. Definitely isn't something to take lightly. Find yourself a good immigration lawyer ASAP.
From what I know, the conditional PR status only applies to permanent residents whose applications are received on or after October 25, 2012—the day that the amendments came into force. gabrielvillani has already got his/her in October 2012, so this probationary period shouldn't apply to her/him. So it's probably a red flag or a malicious report....
 
Feb 16, 2018
15
0
Oh and another one.. she is sponsoring some else right now lol.. maybe they suspected her too a lil bit? And questioning both of us?
 

Buletruck

VIP Member
May 18, 2015
6,703
2,540
In the beginning of this letter, it states "We have reason to believe that...". This is a pretty firm tone.
Agreed. I doubt IRCC would take steps like this without them feeling pretty confident there are grounds to pursue it to the full extent.
 
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