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PR revocation

Bs65

VIP Member
Mar 22, 2016
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How about fraudulent documentation?
Of course this route could backfire on the sponsored newly landed common law partner affecting their status so whilst it might a be hard situation maybe they should try to move on and be grateful they are now a PR. Maybe even return to home country for a while given as long they return later to Canada to meet the residency obligation will have time to reflect in familiar surroundings without maybe puttting their own newly gained PR status in doubt by claiming was gained by fraudulent documentation, whether it was or not.

By all means as suggested go with a lawyer for any support but that costs money, but best not get IRCC involved at least that’s just my view and not any sort of legal opinion or knowledge.
 
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scylla

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Jun 8, 2010
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Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
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01-10-2010
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05-10-2010
LANDED..........
05-10-2010
How about fraudulent documentation?
If there was fraudulent documentation involved and this is reported to IRCC, the person who was sponsored may end up having their PR status revoked. The person who did the sponsoring will not have their PR status revoked - only the person who was sponsored.
 

zardoz

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Feb 2, 2013
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Category........
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Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
If there was fraudulent documentation involved and this is reported to IRCC, the person who was sponsored may end up having their PR status revoked. The person who did the sponsoring will not have their PR status revoked - only the person who was sponsored.
I am reasonably sure that this is not a sponsorship scenario. I think that it's a PA + dependant in an Express Entry or similar. It's the PA that has walked away, leaving the dependant high and dry.
 

dpenabill

VIP Member
Apr 2, 2010
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As @zardoz suggested, this appears to be a domestic-relations law matter NOT immigration.

There may be some immigration-related aspects. If, for example (as suggested by @scylla), the relationship broke down BEFORE the accompanying partner landed, that should have been disclosed and the failure to do so could be deemed misrepresentation (by omission), and thereby be grounds for revoking the accompanying partner's PR status.

But if there was no misrepresentation or fraud (of IRCC) prior to landing, once the accompanying partner has landed the accompanying partner's immigration status is independent of the principal applicant for PR. Which would take the situation outside the scope of immigration issues; no recourse or liability available through IRCC or immigration law. Rather, it would be a matter to pursue according to Provincial domestic-relations law and the remedies provided by such laws.

This is a scenario in which it would be a good idea to consult with a lawyer before pursuing any formal or legal action. Most larger urban areas in Canada have local services which will provide some guidance for persons in these situations if they cannot afford to pay for services.
 

Ravi1990

Full Member
Apr 18, 2019
29
1
If your partner sponsored you and you left the relationship immediately after landing, the partner could report it as a marriage of convienience. If IRCC decided to investigate and found it to be true, they could revoke your PR.
hello expert

I have question over here . I was searching for this issue and reach on this thread .My friend wife came here over spouse sponsorship March 2019. After she arrived in Canada she said she got job in other province and fight to go there. And finally she moved in manitoba just after 20 days alone.
Can we consider this as abandoned??
can marriage of convenience can be filed ??
Thanks
waiting for your reply
 

dpenabill

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Apr 2, 2010
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hello expert

I have question over here . I was searching for this issue and reach on this thread .My friend wife came here over spouse sponsorship March 2019. After she arrived in Canada she said she got job in other province and fight to go there. And finally she moved in manitoba just after 20 days alone.
Can we consider this as abandoned??
can marriage of convenience can be filed ??
Thanks
waiting for your reply
The short period of time following arrival MIGHT suggest there was a marriage of convenience. BUT what matters far more is NOT what the sponsored spouse did AFTER landing but what the facts were prior to landing, and especially prior to the PR visa being issued.

That is, what really matters is whether there was some misrepresentation PRIOR to getting the PR visa. Misrepresentation is fraud.

If fraud is suspected, it should be reported to IRCC. The report should be about specific facts, not conjecture, not personal opinion. Once that is done, the report submitted, the matter is in IRCC's hands, and it is totally up to IRCC whether or not it is a matter worth pursuing.

If it appears the marriage was genuine but the individual made a decision, after arriving in Canada, that the employment opportunity in another province was more important than the marriage, that would NOT make it a marriage of convenience or fraud. Nothing to report. After all, how long relationships endure varies. What triggers a breakdown varies. Stuff Happens. Minds change. Love can be fleeting. Which does not make things any easier when it happens. But does not make it fraud either.
 

Ravi1990

Full Member
Apr 18, 2019
29
1
The short period of time following arrival MIGHT suggest there was a marriage of convenience. BUT what matters far more is NOT what the sponsored spouse did AFTER landing but what the facts were prior to landing, and especially prior to the PR visa being issued.

That is, what really matters is whether there was some misrepresentation PRIOR to getting the PR visa. Misrepresentation is fraud.

If fraud is suspected, it should be reported to IRCC. The report should be about specific facts, not conjecture, not personal opinion. Once that is done, the report submitted, the matter is in IRCC's hands, and it is totally up to IRCC whether or not it is a matter worth pursuing.

If it appears the marriage was genuine but the individual made a decision, after arriving in Canada, that the employment opportunity in another province was more important than the marriage, that would NOT make it a marriage of convenience or fraud. Nothing to report. After all, how long relationships endure varies. What triggers a breakdown varies. Stuff Happens. Minds change. Love can be fleeting. Which does not make things any easier when it happens. But does not make it fraud either.
Thanks for reply
What thing we consider in Prior landing ?

What factor we can consider misrepresentation before PR issued ??
 

Ravi1990

Full Member
Apr 18, 2019
29
1
The short period of time following arrival MIGHT suggest there was a marriage of convenience. BUT what matters far more is NOT what the sponsored spouse did AFTER landing but what the facts were prior to landing, and especially prior to the PR visa being issued.

That is, what really matters is whether there was some misrepresentation PRIOR to getting the PR visa. Misrepresentation is fraud.

If fraud is suspected, it should be reported to IRCC. The report should be about specific facts, not conjecture, not personal opinion. Once that is done, the report submitted, the matter is in IRCC's hands, and it is totally up to IRCC whether or not it is a matter worth pursuing.

If it appears the marriage was genuine but the individual made a decision, after arriving in Canada, that the employment opportunity in another province was more important than the marriage, that would NOT make it a marriage of convenience or fraud. Nothing to report. After all, how long relationships endure varies. What triggers a breakdown varies. Stuff Happens. Minds change. Love can be fleeting. Which does not make things any easier when it happens. But does not make it fraud either.
If there were some misunderstanding between them before coming canada and their were some disputes among them .. can these factor may consider in MOC ?
 

21Goose

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Nov 10, 2016
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If there were some misunderstanding between them before coming canada and their were some disputes among them .. can these factor may consider in MOC ?
Marital disputes and misunderstandings are not misrepresentation.

How long were they married? Did they get married just so that she could come to Canada? Can you prove this through any emails/messages etc?

If the marriage was genuine, and not entered into solely to get into Canada, there's nothing much you can do.
 

Ravi1990

Full Member
Apr 18, 2019
29
1
Yes my friend did arrange marriage according to all Indian rituals and also registered in India.I dont what are other favtors to consider a genuine marriage ?. they have been married last year after he came back canada he applied for sponserships . She came canada in march. But from India they talk very less they have lot of difference ... She never say she married for PR .. but what inside her dont know ??
 

21Goose

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Nov 10, 2016
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Yes my friend did arrange marriage according to all Indian rituals and also registered in India.I dont what are other favtors to consider a genuine marriage ?. they have been married last year after he came back canada he applied for sponserships . She came canada in march. But from India they talk very less they have lot of difference ... She never say she married for PR .. but what inside her dont know ??
Yeah then you can't claim misrepresentation/marriage of convenience. Your friend clearly thought the marriage was genuine.

A marriage of convenience would be if she said she would pay your friend to marry her so that she can get a visa, something like that. Essentially the marriage is a sham from the get go.

If you can't prove that it was a fake marriage (and based on this you can't), then speculating what was in her mind or not will get you nowhere with IRCC.

She's a PR now and your friend will be liable for three years for any social assistance she may go on. If she doesn't take any social assistance, consider it good luck.
 

Ravi1990

Full Member
Apr 18, 2019
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But my friend has some messages which he said I love you but she did not reply .. It was happen many times ... Is he was late to show this thing now??
 

21Goose

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But my friend has some messages which he said I love you but she did not reply .. It was happen many times ... Is he was late to show this thing now??
If not replying to a message was grounds for proving a fake marriage, a LOT OF marriages would be fake (including my own, sometimes I'm lazy).

Give it a rest. There's nothing you can do.
 
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dpenabill

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Apr 2, 2010
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What factor we can consider misrepresentation before PR issued ??
To be clear, misrepresentation is about giving IRCC false information, information known to be false and is something that can influence the outcome of the application.

In a sense, and there have been some such cases, the false information can be the representation that the relationship is a genuine marriage when in FACT the marriage was entered into for the purpose of obtaining status in Canada. That is, the fact of it being a marriage of convenience shows there was misrepresentation, a misrepresentation that the application was based on a genuine marriage.

And, in SOME cases, how quickly the relationship broke down once the individual actually has status in Canada has been both a triggering factor, and indirect evidence of the misrepresentation.

BUT generally misrepresentation cases are based on specific statements of fact which were NOT true when made and were known to not be true.

As I previously observed, if you know someone made material misrepresentations (that is, that they lied) in the process of applying for PR, that should be reported to IRCC. Simply and directly. A report stating that [name] claimed fact XYZ in an application for PR when that fact was not true. The report should be specific, not a generalized complaint about the person, except enough general information to identify who, what, and when. Make the report and then FORGET about it unless IRCC asks for more information or more input.

Anyone involved in the situation should NOT pursue making a report for revenge. It should NOT be about punishing someone for a breakdown or failure in the relationship. Actual FRAUD should be reported, of course. Just like knowledge of any crime should be reported. But an allegation of crime should NEVER be made to punish the other person. An allegation of crime should only be made because there is a good faith belief, based on actual knowledge, that a crime has been committed.