We made a mistake on the dates of statutory declaration of common law

[juhanjuhanjuhan]

I know this should not have been the case, but for some reason this was missed. It was supposedly February 2020 not February 2019.

I got a call from immigration asking if I've been in a relationship since February 2019, and I responded no because that doesn't sound right since my partner and I became official in January 2020 and he moved in February 2020. And he said that I would be sending this letter because your statutory declaration of common law says 2019. This mistake could have been caught if both of us were diligent in checking the dates. I still think that it's a good thing that I said it's 2020 because if I just said yes when he said we met in 2019, I think, I would have given a refusal already.

Can anyone advise quickly on how we can respond to this letter? My plan is to get another statutory declaration of common law with the correct dates, a letter of explanation, and a timeline of our story. Or should I consult a lawyer as soon as possible? Note, I only have 15 days to respond. Any help is appreciated. Thank you.

Misrepresentation

40 (1) A permanent resident or a foreign national is inadmissible for misrepresentation o (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;

Based on the evidence that you have provided when you have applied for the FC application

(F000834655). You have declared to be in a Common Law relationship with (MY NAME). To support this claim, you have submitted a signed & dated Statutory Declaration of Common-Law Union- IMM 5409. Our record indicates that you entered Canada on 2019/09/27 around 04:27:41 at the Pearson

International Airport - Terminal 1. You were not in Canada on 2019/02/02 and you were not in a common-law relationship with (MY NAME) on or around 2019/02/02.

Therefore I am asking you to submit any additional information and/or documentation that would allay my concern(s). You have 15 days from the date of this letter to submit the additional information and or documentation to me. Please ensure that you quote the file number indicated at the top of this letter on any information you submit. If you choose not to respond with additional information and/or documentation, or if your submission does not allay my concern(s), your application may be refused.

I look forward to receiving the additional information and/or documentation within 15 days.

 

[armoured]

Can anyone advise quickly on how we can respond to this letter? My plan is to get another statutory declaration of common law with the correct dates, a letter of explanation, and a timeline of our story. Or should I consult a lawyer as soon as possible? Note, I only have 15 days to respond. Any help is appreciated. Thank you.

My view is: lawyer up. This is potentially a big problem for you. Not the time for amateurs, and it appears you are one.

If you want proper input here, though, you're going to need to provide a full timeline - your application for PR, your relationship with the spouse, when you applied, etc.

 

[ERCAN]

Armoured was faster. I was about to say the same thing. Get a lawyer to carefully craft your reply as misrepresentation is not a joke. Even a small or unintentional one can be a big problem.

 

[armoured]

Armoured was faster. I was about to say the same thing. Get a lawyer to carefully craft your reply as misrepresentation is not a joke. Even a small or unintentional one can be a big problem.

To underline: misrepresentation COULD result in a ban of five years for the applicant. That's serious. If it happens, it will be very hard to fix (if possible at all). You want a lawyer now. Even the minor issue of presenting/explaining your misstatement as unintentional is not a defense, really, but a lawyer may be able to make the case (hopefully a strong one) that it is not material. (I can't even guess about that based on the limited info)

 

[scylla]

I know this should not have been the case, but for some reason this was missed. It was supposedly February 2020 not February 2019.

I got a call from immigration asking if I've been in a relationship since February 2019, and I responded no because that doesn't sound right since my partner and I became official in January 2020 and he moved in February 2020. And he said that I would be sending this letter because your statutory declaration of common law says 2019. This mistake could have been caught if both of us were diligent in checking the dates. I still think that it's a good thing that I said it's 2020 because if I just said yes when he said we met in 2019, I think, I would have given a refusal already.

Can anyone advise quickly on how we can respond to this letter? My plan is to get another statutory declaration of common law with the correct dates, a letter of explanation, and a timeline of our story. Or should I consult a lawyer as soon as possible? Note, I only have 15 days to respond. Any help is appreciated. Thank you.

Misreprsentation is mentioned so another vote for a lawyer. Misrepresentation is very serious.

Note that you weren't common law until Feb 2021 (1 year after you started living together).

 

[ERCAN]

if I just said yes when he said we met in 2019, I think, I would have given a refusal already.

Just one addition. The procedure fairness letter (I highly suspect that the fragment you posted comes from the document labelled as such) is effectively a pre-refusal letter giving you the last chance to respond. IRCC agents have to send it first before refusing. So your reply doesn't mean much to them. How will it be used, no one knows. Inform your lawyer about this conversation as well.

Just to further highlight the importance of acting right.

 

[juhanjuhanjuhan]

I understand the consequences of misinterpretation. It was an honest mistake. When I was asked if we were together way back 2019 I said no because we were together since 2020 and the stat doc of common law was dated 2019(which we didn't catch)

So yes after 1 year we became common law which is February 2021.

I will provide the timelines when I get home. We are looking to hire a lawyer.

 

[juhanjuhanjuhan]

Just one addition. The procedure fairness letter (I highly suspect that the fragment you posted comes from the document labelled as such) is effectively a pre-refusal letter giving you the last chance to respond. IRCC agents have to send it first before refusing. So your reply doesn't mean much to them. How will it be used, no one knows. Inform your lawyer about this conversation as well.

Just to further highlight the importance of acting right.

Wow. I do not want to believe it is. I received one when I became inadmissible for being HIV positive. I have faith and there's no point of discouraging us when we both know we made an honest mistake. I am asking for help, not discouragement.

 

[ERCAN]

Wow. I do not want to believe it is. I received one when I became inadmissible for being HIV positive. I have faith and there's no point of discouraging us when we both know we made an honest mistake. I am asking for help, not discouragement.

By no means I'm trying to discourage you. On the contrary, I encourage you to get professional help and do not exacerbate the situation; IRCC do not seem really care about the nature of the mistakes, honest or not. Unfortunately.

After I posted, I've seen your message that you are looking for lawyer. This was my actual goal of further emphasising this. And of course, best of luck!

 

[scylla]

Wow. I do not want to believe it is. I received one when I became inadmissible for being HIV positive. I have faith and there's no point of discouraging us when we both know we made an honest mistake. I am asking for help, not discouragement.

This isn't discouragement. It's people here being honest about the situation. No one is going to do you any favours by sugar-coating this and saying this is a small error and nothing to get worried about. It is definitely something to worry about and you need to take strong action.

This is why we are advising you to hire a lawyer and respond with the help of legal advice. This forum is paid for by a lawyer and you can try reaching out to them to see if they have someone available on short notice to help. Click on the "cohen immigration" at the top of the screen for their contact info. I've never worked with them but they seem to have a decent reputation. Others may have other lawyers to recommend. You'll want to start reaching out to lawyers today given your turnaround time on this is so limited.

Yes, you certainly want to provide a new statuatory declaration with the correct dates and you'll need to provide an LOE. I think the lawyer could be especially helpful for the LOE and in suggesting what other evidence you may need to or want to provide. IRCC doesn't always give people breaks when there's a misrepresentation due to an error. And you want to avoid a misrepresentation finding and ban at all costs.

Good luck.

 

[juhanjuhanjuhan]

This isn't discouragement. It's people here being honest about the situation. No one is going to do you any favours by sugar-coating this and saying this is a small error and nothing to get worried about. It is definitely something to worry about and you need to take strong action.

This is why we are advising you to hire a lawyer and respond with the help of legal advice. This forum is paid for by a lawyer and you can try reaching out to them to see if they have someone available on short notice to help. Click on the "cohen immigration" at the top of the screen for their contact info. I've never worked with them but they seem to have a decent reputation. Others may have other lawyers to recommend. You'll want to start reaching out to lawyers today given your turnaround time on this is so limited.

Yes, you certainly want to provide a new statuatory declaration with the correct dates and you'll need to provide an LOE. I think the lawyer could be especially helpful for the LOE and in suggesting what other evidence you may need to or want to provide. IRCC doesn't always give people breaks when there's a misrepresentation due to an error. And you want to avoid a misrepresentation finding and ban at all costs.

Good luck.

Thanks, and I'm sorry if I overreacted. I am looking to hire a lawyer now and would be speaking to one tomorrow.

 

[juhanjuhanjuhan]

Hi guys,

I wasn't able to post a timeline of our application, so I thought this could help. Btw I am the sponsor and my partner is the principal applicant.

STATUS AND TIMELINE

Sponsor Eligibility: Approved

Principal Applicant
Medical: Passed
Biometrics: Done
Eligibility: In Process
Background Check: In Process

March 2021 - Submitted the application on paper
May 2021 - Got a confirmation IRCC received it
October 2021 - Application got transferred to Etobicoke
January 2023 - File got move to Niagara Office
June 2023 - I got a call from a visa officer located in Hamilton, so I am assuming the file got moved again.


PROCEDURAL FAIRNESS LETTER

Dear Principal Applicant,

I have reviewed your application for a permanent resident visa as a member of the family class. I have concerns that you do not meet the requirements for immigration to Canada.

Subsection 12(1) of the Immigration and Refugee Protection Act states that a foreign national may be selected as a member of the family class on the basis of their relationship as the spouse, common-law partner, child, parent or other prescribed family member of a Canadian citizen or permanent resident.

According to subsection 1(1) of the Immigration and Refugee Protection Regulations, a common-law partner means, in relation to a person, an individual who is cohabiting with the person in a conjugal relationship, having so cohabited for a period of at least one year.

Subsection 11(1) of the 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.

Subsection 16(1) of the Immigration and Refugee Protection Act states that 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 determined that you (Principal Applicant), are a person who is found to be inadmissible to Canada as a foreign national by virtue of the fact that he/she is unable to comply with all the requirements of the Immigration Refugee Protection Act and the Regulations. Pursuant to section 40 (1) (a) of the Immigration and Refugee Protection Act, it appears that you may be inadmissible on misrepresentation grounds.

Misrepresentation

40 (1) A permanent resident or a foreign national is inadmissible for misrepresentation o (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;

Based on the evidence that you have provided when you have applied for the FC application (F00*******). You have declared to be in a Common Law relationship with [sponsor name] (my DOB here) as of 2019/02/02. To support this claim, you have submitted a signed & dated Statutory Declaration of Common-Law Union- IMM 5409. Our record indicates that you (André Silva Costa) entered Canada on 2019/09/27 around 04:27:41 at the Pearson International Airport - Terminal 1. You were not in Canada on 2019/02/02 and you were not in a common-law relationship with [sponsor name here] on or around 2019/02/02.

Therefore I am asking you to submit any additional information and/or documentation that would allay my concern(s). You have 15 days from the date of this letter to submit the additional information and/ or documentation to me. Please ensure that you quote the file number indicated at the top of this letter on any information you submit. If you choose not to respond with additional information and/or documentation, or if your submission does not allay my concern(s), your application may be refused.

I look forward to receiving the additional information and/or documentation within 15 days. You must upload the requested documents/information by using your IRCC secure account within the time frame indicated above. Once the deadline has passed, the ability to upload your document will be deactivated. If you are unable to provide the requested document within the time frame provided, we recommend that you write an explanation and upload it in lieu of the requested document(s).

I am talking to a lawyer tomorrow, but I just want to know your input ahead of time. What should I prepare? I was thinking.


1. New notarized statutory declaration of common-law
2. LOE - letter of explanation. Content/argument/explanation I would work with our lawyer.


Anything else I could present? I was thinking of uploading our new photos with our new cats and maybe notarized letters from my mom, 2 sisters, and my cousin that we are all living on the same roof since my mom sublet 1 room for us since my partner moved in with me.

Thanks ahead for all the responses

 

[armoured]

When did you become a PR?. That is, land .

Pls confirm the dates you resided together.

 

[juhanjuhanjuhan]

When did you become a PR?. That is, land .

Pls confirm the dates you resided together.

I became a PR and landed here myself in January 17, 2019.

We became officially together on January 5, 2020, and he moved in with us (my sister and mom) in February 2020.
(Just edited the years I put 2022 instead of 2020)

Also, one thing to note is that he came here as a visitor on ETA, but COVID came around January of 2019, and since there were lockdowns and we both live in two separate areas (living with his aunt at that time and I was living with my mom and sister), I decided to have him move in with me. Fast forward, we were supposed to apply for restoration of his status but wasn't able to and when we hit year after he overstayed his ETA, I decided to sponsor him through FC common-law after cohabiting for a year.

 

[armoured]

I became a PR and landed here myself in January 17, 2019.

We became officially together on January 5, 2022, and he moved in with us (my sister and mom) in February 2022.

Also, one thing to note is that he came here as a visitor on ETA, but COVID came around January of 2019, and since there were lockdowns and we both live in two separate areas (living with his aunt at that time and I was living with my mom and sister), I decided to have him move in with me. Fast forward, we were supposed to apply for restoration of his status but wasn't able to and when we hit year after he overstayed his ETA, I decided to sponsor him through FC common-law after cohabiting for a year.

[You say you applied march 2021 but became a couple in 2022. You will most likely be refused since you were not common law when you applied. But i suspect you've got the dates confused here too. If you had not resided together for one full year before you applied, refusal should be expected.

So I repeat my question - when did you start living together. Not 'official dates', actual dates. Specify pls that you still reside together or not, and that cohabitation was continuous.

When you speak to lawyer, you should also be precise - otherwise you're going to make things more complicated. Don't think - answer the questions.

Your goal with lawyer is to not get the misepresentation ban. I don't know if that will be possible. After all, your statutory declaration had the dates wrong by three years. And on top of that, it is material - by definition - because with that date wrong, it changes whether you are common law or not.]

[bracketed] this section becaue dates were indeed just mistaken.

Is there a reason you cannot get married? I don't know if that would be sufficient to help in your case but it should be on the table with the lawyer.