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Very worried about misrepresentation

JRob32

Star Member
Jul 27, 2018
56
27
My husband and I submitted our PR application on August 21 and just received AOR today.

Last week during a trip to Houston to visit family, my husband went to get a replacement copy of his drivers license made as his had been stolen and he wanted to trade it in for a Nova Scotia license ASAP. While at the DPS ago do so, we learned he was ineligible to get a new license as he had an outstanding ticket for possession of drug paraphernalia (a class C misdemeanour) which he knew nothing about. This ticket stemmed during a 2016 traffic stop during which the officer found marijuana in his possession, confiscated it, and sent him on his way. He was not arrested, was not given a ticket, and did not receive a notice in the mail. Although he was not caught with drug paraphernalia but actually with marijuana, the officer issued him a citation for the lesser offence which is not a criminal offence in Canada.

As soon as he learned about this ticket, he paid the $500 fine to get it over with. Obviously when we submitted our PR application, we did not know about this criminal accusation. This week, we submitted information about it to the IRCC via their web form explaining we just learned about it and therefore did not disclose it on our application, but wanted to be forthcoming about it now.

As the IRCC had not yet started the background check, how likely is it that we will be hit with misrepresentation for not disclosing this on our original application (although it was impossible to do so at the time)?

Is our submission via the webform to disclose this offence likely sufficient as we did it prior to receiving our AOR and did it as soon as we found out?
 

k.h.p.

VIP Member
Mar 1, 2019
8,810
2,250
Canada
Disclosing it via webform is what you needed to do and shows you've discovered the error and are working to rectify any accidental misrepresentation. You've done what you can do.

It shouldn't be an issue but I can't advise if it will be.
 

JRob32

Star Member
Jul 27, 2018
56
27
Disclosing it via webform is what you needed to do and shows you've discovered the error and are working to rectify any accidental misrepresentation. You've done what you can do.

It shouldn't be an issue but I can't advise if it will be.
Thank you - I am going to call IRCC on Monday. Further to this, we we also just noticed we incorrectly answered 'no' to the question 'have you ever been convicted of a crime in any other country or territory' when the answer should have been YES (our lawyer also missed this!!). We misread the question. My husband has a ten year old marijuana possession charge (which he paid a fine for), which we disclosed (but checked yes for 'have you ever been arrested' but failed to tick 'yes' for 'have you ever been convicted'), and well as the drug paraphernalia charge from 2016... in your opinion, are we okay to resubmit these forms and explain the error in the document as well as the newfound information to avoid misrepresentation... or should we withdrawal our application all together and resubmit?
 

k.h.p.

VIP Member
Mar 1, 2019
8,810
2,250
Canada
At this point, I'd ask your lawyer. Misrepresentation is misrepresentation, you actually have to apply to withdraw. If they suspect you're withdrawing to preempt problems with misrepresentation, they may deny a withdrawal request.

See what your lawyer says.
 

JRob32

Star Member
Jul 27, 2018
56
27
At this point, I'd ask your lawyer. Misrepresentation is misrepresentation, you actually have to apply to withdraw. If they suspect you're withdrawing to preempt problems with misrepresentation, they may deny a withdrawal request.

See what your lawyer says.
After all of this, I'm thinking we need a new lawyer!
 

sculptor2000

Newbie
Dec 10, 2020
5
0
My husband and I submitted our PR application on August 21 and just received AOR today.

Last week during a trip to Houston to visit family, my husband went to get a replacement copy of his drivers license made as his had been stolen and he wanted to trade it in for a Nova Scotia license ASAP. While at the DPS ago do so, we learned he was ineligible to get a new license as he had an outstanding ticket for possession of drug paraphernalia (a class C misdemeanour) which he knew nothing about. This ticket stemmed during a 2016 traffic stop during which the officer found marijuana in his possession, confiscated it, and sent him on his way. He was not arrested, was not given a ticket, and did not receive a notice in the mail. Although he was not caught with drug paraphernalia but actually with marijuana, the officer issued him a citation for the lesser offence which is not a criminal offence in Canada.

As soon as he learned about this ticket, he paid the $500 fine to get it over with. Obviously when we submitted our PR application, we did not know about this criminal accusation. This week, we submitted information about it to the IRCC via their web form explaining we just learned about it and therefore did not disclose it on our application, but wanted to be forthcoming about it now.

As the IRCC had not yet started the background check, how likely is it that we will be hit with misrepresentation for not disclosing this on our original application (although it was impossible to do so at the time)?

Is our submission via the webform to disclose this offence likely sufficient as we did it prior to receiving our AOR and did it as soon as we found out?
Can you update what happened? Did you send the explanation to IRCC? Did you get PR? I'm on a similar case. Thank you.