Schedule A IMM5669 - Misrepresentation

[Imm007CA]

IMM0008 is filled out by the Principal Applicant (PA).
Schedule A is filled out by the PA, PA's spouse and dependents.

If the PA misrepresents, then everyone under the PA is in trouble. If the Spouse or Dependents misrepresent on Schedule A - then is that specific person in trouble or everyone including the PA?

Does anyone have any experience, first hand or second hand with respect to a dependent misrepresenting on Schedule A? Would the dependent just be banned? What if everyone has their PR and are in Canada ie; someone tips IRCC after landing. Would the dependent just lose his/her PR status?

 

[k.h.p.]

The principal applicant is responsible for the entirety of the application. If someone misrepresents on Schedule A, the principle applicant is responsible.

You don't get to blame someone else for misrepresentation on a form you submit.

Everyone gets banned.

 

[Imm007CA]

I had thought the same, but its not logical.. doesn't make sense for it to be that way.

This is what the guide states:
Generic Application Form for Canada (IMM 0008)
Who must fill out this application form?
This form must be completed by:

• You, the principal applicant.

Schedule A – Background/Declaration (IMM 5669)
This form must be completed by:

• you, the principal applicant;
• your spouse or common-law partner (whether accompanying you to Canada or not), and
• your dependent children aged 18 years or older (whether accompanying you to Canada or not).

How can the principal applicant be responsible for a dependents actions? The dependent signs his or her own Schedule A, declaring its truthful not the PA. No PA could guarantee that a dependent is telling the truth, so I don't see how a PA would be responsible. Parents may not be aware that their 22yr old child had been a party to a crime.

 

[k.h.p.]

The principal applicant is responsible for everything in the submission. Same way if a consultant falsifies something.

A PA is responsible to review the forms and believe they are truthful.

If you're suggesting that the PA can either claim ignorance that anyone on the form had misrepresented, or blindly submit false information, you're wrong. The PA is liable for misrepresentation on any of the submission that would cause an error to be made in decision making.

 

[k.h.p.]

I had thought the same, but its not logical.. doesn't make sense for it to be that way.

This is what the guide states:
Generic Application Form for Canada (IMM 0008)
Who must fill out this application form?
This form must be completed by:

• You, the principal applicant.

Schedule A – Background/Declaration (IMM 5669)
This form must be completed by:

• you, the principal applicant;
• your spouse or common-law partner (whether accompanying you to Canada or not), and
• your dependent children aged 18 years or older (whether accompanying you to Canada or not).

How can the principal applicant be responsible for a dependents actions? The dependent signs his or her own Schedule A, declaring its truthful not the PA. No PA could guarantee that a dependent is telling the truth, so I don't see how a PA would be responsible. Parents may not be aware that their 22yr old child had been a party to a crime.

The reason why this applicant is misrepresenting is because IRCC will consider a family member's medical status or criminality in assessing the principal applicant's visa application. A quote from a similar case:

“Failing to disclose the existence of the children on the application was a material fact that was relevant directly to his eligibility to acquire permanent resident status. By not disclosing the children on the application [PA] prevented immigration officials from making a full assessment of his application and so misrepresentation did occur and this misrepresentation induced an error in the administration of the act in that a permanent resident visa may not have been issued to [PA] in the event that one of the children was either medically or criminally inadmissible.”[4]”

 

[Imm007CA]

The reason why this applicant is misrepresenting is because IRCC will consider a family member's medical status or criminality in assessing the principal applicant's visa application. A quote from a similar case:

I came across another case Sohrabi v Canada which explains a dependent misrepresenting her status as a bonafide student. Her misrep was ultimately the PA's misrep. Lesson... don't trust your kids when dealing with immigration. Though you're case ref refers to a PA misrepresenting and a diff scenario to what I was inquiring, thnx for looking, appreciate it.

If anyone wants to read Sohrabi v Canada heres the link
https://www.canlii.org/en/ca/fct/doc/2012/2012fc501/2012fc501.html?autocompleteStr=Sohrabi&autocompletePos=1

 

[k.h.p.]

See, that's a much better case citation for my argument

The PA is liable for misrepresentation by family members named on the application.

 

[josefeb33]

This refers to your application for a Canadian work permit.
I have reviewed your application and documents you submitted in its support. Subsection 11(1)
of the Immigration and Refugee Protection Act provides that a foreign national must, before
entering Canada, apply to an officer for a visa or any other document required by the
Regulations. The visa or document shall be issued if, following an examination, the officer is
satisfied that the foreign national is not inadmissible and meets the requirements of this Act.
I am not satisfied that you have fulfilled the requirement put upon you by section 16(1) of the
Immigration and Refugee Protection Act, which states:
16(1) A person who makes an application must answer truthfully all questions put to them for
the purpose of the examination and must produce a visa and all relevant evidence and
documents that the officer reasonably requires.
I have concerns that you have not been truthful in answering question 3) a) of the
Background Information section on your application form IMM1295: “Have you ever
committed, been arrested for, been charged with or convicted of any criminal offence in
any country or territory?”.
- Please provide details about all situations in which you have been arrested or
apprehended in any country, including specific details of the proceedings that ensued.
- Please provide the details of your travel history since 2010.
- Please provide a copy of your previous passport issued on ####### and of the
passport you held prior to this one.
Please note that if it is found that you have engaged in misrepresentation in submitting your
application for a work permit, 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):
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
40(2) The following provisions govern subsection (1):
(a) the permanent resident or the foreign national continues to be inadmissible for
misrepresentation for a period of five years following, in the case of a determination outside
Canada, a final determination of inadmissibility under subsection (1) or, in the case of
determination in Canada, the date the removal order is enforced.
I would like to give you an opportunity to respond to this information. I will afford you 30 days
from the receipt of this letter to make any representations in this regard. Please upload your
response to your IRCC My Account (My CIC) before the due date. If you do not respond to this
request within the time outlined above, your application will be refused.

i got miss guided and i don't have any proof of traveling in past thats why i didn't show it so is there any way i can represent my self or lawyer can do it ????
plz help he it's urgent and i need help plz
thanks

 

[jddd]

This refers to your application for a Canadian work permit.
I have reviewed your application and documents you submitted in its support. Subsection 11(1)
of the Immigration and Refugee Protection Act provides that a foreign national must, before
entering Canada, apply to an officer for a visa or any other document required by the
Regulations. The visa or document shall be issued if, following an examination, the officer is
satisfied that the foreign national is not inadmissible and meets the requirements of this Act.
I am not satisfied that you have fulfilled the requirement put upon you by section 16(1) of the
Immigration and Refugee Protection Act, which states:
16(1) A person who makes an application must answer truthfully all questions put to them for
the purpose of the examination and must produce a visa and all relevant evidence and
documents that the officer reasonably requires.
I have concerns that you have not been truthful in answering question 3) a) of the
Background Information section on your application form IMM1295: “Have you ever
committed, been arrested for, been charged with or convicted of any criminal offence in
any country or territory?”.
- Please provide details about all situations in which you have been arrested or
apprehended in any country, including specific details of the proceedings that ensued.
- Please provide the details of your travel history since 2010.
- Please provide a copy of your previous passport issued on ####### and of the
passport you held prior to this one.
Please note that if it is found that you have engaged in misrepresentation in submitting your
application for a work permit, 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):
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
40(2) The following provisions govern subsection (1):
(a) the permanent resident or the foreign national continues to be inadmissible for
misrepresentation for a period of five years following, in the case of a determination outside
Canada, a final determination of inadmissibility under subsection (1) or, in the case of
determination in Canada, the date the removal order is enforced.
I would like to give you an opportunity to respond to this information. I will afford you 30 days
from the receipt of this letter to make any representations in this regard. Please upload your
response to your IRCC My Account (My CIC) before the due date. If you do not respond to this
request within the time outlined above, your application will be refused.

i got miss guided and i don't have any proof of traveling in past thats why i didn't show it so is there any way i can represent my self or lawyer can do it ????
plz help he it's urgent and i need help plz
thanks

Would suggest that you create a new thread.

 

[k.h.p.]

This refers to your application for a Canadian work permit.
I have reviewed your application and documents you submitted in its support. Subsection 11(1)
of the Immigration and Refugee Protection Act provides that a foreign national must, before
entering Canada, apply to an officer for a visa or any other document required by the
Regulations. The visa or document shall be issued if, following an examination, the officer is
satisfied that the foreign national is not inadmissible and meets the requirements of this Act.
I am not satisfied that you have fulfilled the requirement put upon you by section 16(1) of the
Immigration and Refugee Protection Act, which states:
16(1) A person who makes an application must answer truthfully all questions put to them for
the purpose of the examination and must produce a visa and all relevant evidence and
documents that the officer reasonably requires.
I have concerns that you have not been truthful in answering question 3) a) of the
Background Information section on your application form IMM1295: “Have you ever
committed, been arrested for, been charged with or convicted of any criminal offence in
any country or territory?”.
- Please provide details about all situations in which you have been arrested or
apprehended in any country, including specific details of the proceedings that ensued.
- Please provide the details of your travel history since 2010.
- Please provide a copy of your previous passport issued on ####### and of the
passport you held prior to this one.
Please note that if it is found that you have engaged in misrepresentation in submitting your
application for a work permit, 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):
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
40(2) The following provisions govern subsection (1):
(a) the permanent resident or the foreign national continues to be inadmissible for
misrepresentation for a period of five years following, in the case of a determination outside
Canada, a final determination of inadmissibility under subsection (1) or, in the case of
determination in Canada, the date the removal order is enforced.
I would like to give you an opportunity to respond to this information. I will afford you 30 days
from the receipt of this letter to make any representations in this regard. Please upload your
response to your IRCC My Account (My CIC) before the due date. If you do not respond to this
request within the time outlined above, your application will be refused.

i got miss guided and i don't have any proof of traveling in past thats why i didn't show it so is there any way i can represent my self or lawyer can do it ????
plz help he it's urgent and i need help plz
thanks

You should start your own thread. You have a serious problem here - you say you got "misguided" and I think the visa officer knows it, and thinks that you've got a criminal record you haven't disclosed. You're at risk of being banned from Canada for five years, which will be a problem if you want to visit your fiancee, especially as you're illegal in the US.

 

[Buletruck]

How were you misguided. In your previous posts, every one told you to be totally honest. Seems you ignored that advice.

 

[farah242]

The principal applicant is responsible for the entirety of the application. If someone misrepresents on Schedule A, the principle applicant is responsible.

You don't get to blame someone else for misrepresentation on a form you submit.

Everyone gets banned.

Hi, so you mean if principle applicant is unaware of the misrepsentstion by dependant she will get banned as well as the dependant? how about other dependant on file who's individule files have no problem do they get banned too??

 

[Js1234]

See, that's a much better case citation for my argument

The PA is liable for misrepresentation by family members named on the application.

How about dependent spouse as you do not know their past history before you met them. You probably did not know him/her since birth. So, how is PA supposed to be aware of what they did 10 years back.

I understand about children as they live with parents since birth & until they are minors you are their guardian & they are actually dependent financially on you till the age of 20 or 25.

 

[Js1234]

The principal applicant is responsible for everything in the submission. Same way if a consultant falsifies something.

A PA is responsible to review the forms and believe they are truthful.

If you're suggesting that the PA can either claim ignorance that anyone on the form had misrepresented, or blindly submit false information, you're wrong. The PA is liable for misrepresentation on any of the submission that would cause an error to be made in decision making.

PA can surely review but can never verify information if it is true or not whether it is related travel or crime. That's cic's job right.
Even if he does verification, no guarantee if it is still gonna right or wrong. Ultimately, PA will end up providing given/collected information true only in his own knowledge & sense.

 

[canuck_in_uk]

PA can surely review but can never verify information if it is true or not whether it is related travel or crime. That's cic's job right.
Even if he does verification, no guarantee if it is still gonna right or wrong. Ultimately, PA will end up providing given/collected information true only in his own knowledge & sense.

And ultimately, it is still the PA's responsibility. If they are including dependents that are untruthful, then that is on them.