Thank you! This is the only case I was able to find on Canlii about sister that was not declared. But in it was failed refugee claimant, and her sister with high chances would not get pr in case she declared having a sister in Canada. And also my brother never applied or been refused visa to Canada, no any criminal history. I applied through express entry, so kind of I qualified on my own. so I wonder for myself if me not declaring my brother could induce in administration error.... I am very scared to lose the life I worked hard for because of my own actions....
I wish I could go back in times and do it differently.
Okay, sorry, now I think I see your situation a bit better. But I'm not certain from your various postings, so may be missing something.
Keep in mind, can only respond based on what you seem to have put - and I'm not an expert. You may need legal advice.
1) I still don't understand why your consultant advised leaving out your sibling in the first place. It shouldn't have had any impact on you being approved or not to study in Canada. Do you have any recollection of why the consultant recommended this? (It was very, very bad advice).
2) If I understand correctly, you first applied to study in Canada, then did study in Canada, and then entered/qualified under express entry? And your express entry application also excluded your brother (I guess at this point because you / your consultant didn't wish to admit there was a mistake or misrepresentation for the student application?) Again, doesn't seem you would have gained any benefit from not disclosing your brother on the family information form.
3) The biggest problem here is that you compounded the original misrepresentation with your express entry application. Makes it harder to explain, legally - hardly a mistake when repeated twice.
4) The only bit of good news here is a slim one: if I'm right that there was no good reason to not disclose your brother on your app, arguably - from a legal perspective - you did not withhold material, germane information (material or germane to your original apps). Warning, this only applies if I'm correct that you didn't get any benefit from not disclosing your brother. And not certain this is how it would be looked at legally.
So I'm not a lawyer, but there is a possibility it would be looked at as stupid but not criminal - and probably low risk that it would be worth pursing for IRCC on its own. (This is assuming all other aspects of your file and residency in Canada are on the up-and-up, employed, etc). Hopefully the risk of serious action against you is low. Longer term presence in Canada beneficial.
Also, if no other applications made and your brother never visited, possible it would never come up.
5) The question is what happens if something comes up, like your brother applying to come to Canada to study. Then IRCC will find out about the situation (almost certainly). This is why you need legal advice - it may be safer to go to them in advance with an admission of the mistake. Maybe not. Maybe they will just refuse his application (although technically he was not involved). I honestly don't know.
It is potentially serious enough that you need decent legal advice. You could delay looking into this, but if your brother is intending to apply to come to Canada, I would say you should not delay.
Note, you've already been poorly advised once. Be careful about taking advice that seems not right.
(If in a hole, first thing is to stop digging)
