Study Permit Misrepresentation - PMM, IMMOfficer please help

[Fallen_Warrior]

Hello everyone,

I have a very worrying situation going on. I am a permanent resident applicant in protected person category and my PR application is in process since June 2011 with my CSIS, RCMP and Medical checks done. I got myself into a very big situation with immigration.

I came to canada as a student and my study permit was valid till july 2011. I got my protected person status in Feburary 2011 and i attended school in Fall 11' (September 2011 - Dec 2011) and Winter 12' (Jan 2012 - April 2012). I had a work permit which explicitly said that i can't goto school without study permit.

When i attended my school in 2011-12 i didn't remember that my study permit was expired. I mixed up the dates, the primary reason was when CBSA first took my passport in 2009, my study permit was attached to the passport. After that day i never had the access to my initial/original study permit but i was in the believe that it was valid till July 2012. When i took a break between my studies in 2012 and i wasn't attending school. my ex-wife filed for divorce on 17th May 2013 and i was served the document around first week of June 2013, and it was the same time when i was applying for study permit and had a permanent full-time job. That filing of divorce devastated me internally. I quit my job because mentally i was frustrated and then all the work stress was affecting me physically. At the same time, I was in the process of applying for the study permit because i thought it is expired as of July 2012, which in real was expired in July 2011, but i didnt know that i already had done the immigration breach long before in 2011. This was the one of the main reasons that i have experienced of doing unintentional misrepresentation. When i was filling up the application, i didn't have in mind that i have already attended school without authorization so i checked 'No' to "Attending school without authorization" statement. I realized my mistake after my confusion or suspicion grew and i started to explore my old documents but it was too late because my application was already with the immigration for processing.

I Hired my lawyer and paid him around $4500 just to fix the issue but now i am so scared because if my lawyer make submissions it might go both way. Immigration might say that still its a misrep and no matter what they will start section 40 report against me or they can just let it go by saying that it is an honest mistake.

My PR application is also in last stages of processing and below is my time line for it.

We received your application for permanent residence on June 23, 2011.

We started processing your application on June 29, 2011.

A decision has been made and you will be contacted.

Medical results have been received.

We received the requested information on January 27, 2012. Thank you for providing the information.

We received the requested information on March 13, 2012. Thank you for providing the information.

We transferred your application to the Kitchener office on May 9, 2013. The Kitchener office may contact you.

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My lawyer is still working on its submission regarding this issue but i am very scared and dont know whats gonna happen with me because if CBSA decide that even after my per-emptive steps to inform immi regarding the misrep they might still make me inadmissible.

Please help me and give me some advise. I am so lost here. Thank You.

 

[Fallen_Warrior]

One more thing which i want to bring into your attention is:

I applied for study permit in June 2013 but first it was transferred for special review department for a month and then it got transferred to same immigration officer in Scarborough office who is making the final decision on my PR application.

CBSA still doesnt know about this misrep so i am less suspect that they are going to file section 40 report that's why they transferred the permit application for CPC-V to scarborough. What came in my mind is, it got transferred to same officer because if he is giving me the study permit then it means PR is delayed and if they are giving me the Landing status then they dont have to give me study permit as it will not be required any more. It's been now 4 months that my study permit is in process and normally processing time is 21 days to 30 days.

Thank You.

 

[computergeek]

The bar for misrepresentation is fairly high. If you did not have a copy of the document (because CBSA took it), your explanation seems plausible. It could certainly "go either way" but any decent attorney can make a very reasonable argument here. CIC are not out to punish mistakes, they are out to discourage actual misrepresentation.

There is no concept of "unintentional misrepresentation". Further, the case in point (misstating the expiration date of a document issued by CIC and thus obviously easy for them to verify) does not fit well into the concept of misrepresentation.

ENF 2 points out that errors are not misrepresentation:

It must be recognized that honest errors and misunderstandings sometimes occur in completing application forms and responding to questions. While in many cases it may be argued that a misrepresentation has technically been made, reasonableness and fairness are to be applied in assessing these situations.

In your particular case, you had to work from memory because you did not have the original document - CBSA had it. To find you guilty of misrepresentation in such a situation is arguably against natural justice.

Bottom line: I'd be surprised if an officer doesn't accept your explanation. But you have to wait for the decision.

 

[Fallen_Warrior]

The bar for misrepresentation is fairly high. If you did not have a copy of the document (because CBSA took it), your explanation seems plausible. It could certainly "go either way" but any decent attorney can make a very reasonable argument here. CIC are not out to punish mistakes, they are out to discourage actual misrepresentation.

There is no concept of "unintentional misrepresentation". Further, the case in point (misstating the expiration date of a document issued by CIC and thus obviously easy for them to verify) does not fit well into the concept of misrepresentation.

ENF 2 points out that errors are not misrepresentation:

In your particular case, you had to work from memory because you did not have the original document - CBSA had it. To find you guilty of misrepresentation in such a situation is arguably against natural justice.

Bottom line: I'd be surprised if an officer doesn't accept your explanation. But you have to wait for the decision.

Thanks alot ComputerGeek, that was one hell of a explaination. I am really thankful to you for showing me some positive signs.

Honestly speaking, i never wanted to do any kind of misrep but this whole thing just happened out of innocence and original document issue. I hope IO wont take this to next level but if he does, do i have any remedy to fix it after in inadmissibility hearing or they will just kick me out with exclusion order?

 

[Fallen_Warrior]

One have one more question too. Will i be deported right away from Canada on this issue? Will my status of being a Protected Person can give me any relief?

 

[computergeek]

One have one more question too. Will i be deported right away from Canada on this issue? Will my status of being a Protected Person can give me any relief?

Nothing in immigration is instantaneous. You would not be deported right away. And as a protected person you would have additional options.