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Undisclosed Marriage for PA

okiprec

Member
Apr 13, 2023
13
2
Worst case scenario IRCC may be preparing to issue a five year ban against your spouse. I would personally notify them of the past marriage asap. If a five year ban is issued, it will be justified and there will be no way to overturn it.
I am speaking to a lawyer this afternoon.
 
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armoured

VIP Member
Feb 1, 2015
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Worst case scenario IRCC may be preparing to issue a five year ban against your spouse. I would personally notify them of the past marriage asap. If a five year ban is issued, it will be justified and there will be no way to overturn it.
Yes. While I think useful to check with a lawyer overall, this is time sensitive. Having advised before being notified that government has an issue (eg a procedural fairness letter), there is at least an argument that the mistake was not intentional as advised before caught. (Not necessarily a great one, but much better than without).
 

scylla

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Jun 8, 2010
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Category........
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I am speaking to a lawyer this afternoon.
That's all well and goos. But IMO you want to send the letter to IRCC asap. Once IRCC has found a misrepresentation and have started the process of moving to a refusal, it can be too late to turn this around even if you notify them before they officially send a communication to you. This is an very serious misrepresentation and it's all that much worse that the marriage wasn't at least declared in the interview. Anyway, obviously your call what you do. Good luck.
 

scylla

VIP Member
Jun 8, 2010
93,420
20,759
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Yes. While I think useful to check with a lawyer overall, this is time sensitive. Having advised before being notified that government has an issue (eg a procedural fairness letter), there is at least an argument that the mistake was not intentional as advised before caught. (Not necessarily a great one, but much better than without).
The issued with PFLs is that if IRCC has already started putting one together, that ship may have sailed and the PFL may be sent regardless of whether the OP notifies them first or not. IMO the huge miss was in the interview. The fact the officer kept asking the applicant about previous relationships would make me quite concered they already know. Applicant basically doubled down on the misrepresentation in the interview.
 
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armoured

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Feb 1, 2015
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The issued with PFLs is that if IRCC has already started putting one together, that ship may have sailed and the PFL may be sent regardless of whether the OP notifies them first or not. IMO the huge miss was in the interview. The fact the officer kept asking the applicant about previous relationships would make me quite concered they already know. Applicant basically doubled down on the misrepresentation in the interview.
I agree. However getting correspondence to IRCC before the PFL is received gives one a better argument that (because one admitted it) there was not intent to deceive. Informing them after you've been accused won't help.
 

okiprec

Member
Apr 13, 2023
13
2
How long after the interview do they start the background check? Background still states not started in the tracking portal.
 

okiprec

Member
Apr 13, 2023
13
2
The fact the officer kept asking the applicant about previous relationships would make me quite concered they already know.
Not sure how much questioning about past relationships was actually done. Will verify if it was deep digging or establishing a baseline for questioning about our relationship.
 

armoured

VIP Member
Feb 1, 2015
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How long after the interview do they start the background check? Background still states not started in the tracking portal.
Ignore that portal for these purposes - assume that the entire process includes checking background. Think of that portal as providing information about database flags (on or off) that do not mean what humans think they mean.