Misrepresentation - Possible Deportation

[shayusuf247]

agree with other forum members. However, we can have more meaningful discussion / explorer options if you tell us / hint us the area of misrepresentation. Again not the exact scenario - but which area..
It your choice though.

 

[complain7439]

The choice is yours whether to stay or leave. Ultimately it will be hanging over your families heads for as long as you are in Canada. If you are prepared to accept that and the possible outcome years from now, stay. If you can’t, leave. The fact the lawyers you have consulted have advised you it is misrepresentation indicates there is no somewhere in between and that the risk to your status is present.

Can anyone provide latest update on Concordia University student’s case per link below or tell me on where and how to find the update?

https://www.google.com/amp/s/nationalpost.com/news/canada/case-of-concordia-student-stripped-of-citizenship-has-compelling-parallels-to-monsef-situation-lawyer/wcm/e99af5c0-72ed-4c72-a9d4-ae79824bfe35/amp/

 

[EB24]

Thank you all. excellent and quick responses in support.

“ultimately it will be hanging over our family’s heads as long as we live with fear of being caught one day” is something extremely bothering us. It can even be years from now. How we will be caught is unknown or will we be ever caught is also unknown. We will then never enjoy our lives in Canada. Anyone who knows us or gets suspicion on us can report on us to IRCC anonymously either tomorrow or years from now. If IRCC ever catches us, kids’ lives will be impacted even after they grow into adults (unless IRCC starts tolerating and forgiving misrepresentations).

The misrepresentation occurred here was withholding of a fact. The “fact” that IRCC would have been interested in checking further even if final decision on PR would not have changed. Thus it became a material fact and affected the process. In addition to lawyers, we also anonymously checked with concerned VO office that processed and issued our PR whether the fact should have been declared in the first place. They confirmed yes. Thus it ia material misrepresentation.

It is not about missing to declare a sibling or an address or fraudulent work experience or fraudulently scoring additional CRS points. Why the fact was not declared? Because, coming from a third world country we were not aware of concepts like misrepresentation or its seriousness and serious consequences. Also, declaring the fact would have made us run around bureaucracy in this third world country and possibly bribe them to get additional supporting documentation from them. We wanted to avoid running after bureaucracy. In our countries, where corruption and bribery are widespread, withholding information is also a part of life and our culture.

only after moving to Canada and watching television news, did we become aware of concepts of misrepresentation and its serous consequences.

Hey! I can't imagine what you must be going through. But, what surprises me that while conducting a background check and multiple other checks, IRCC didn't find anything suspicious. People's application gets denied over the smallest reasons and if you're claiming this to be a bigger issue, I really think IRCC would have caught it. Maybe they did notice it an may have thought it's not a big deal. I guess if you plan on leaving the country only, then why not come clean to them. I mean in this case there is literally nothing to lose. But if you're honest, they may even give you a cleanchit and you could continue to live in Canada. Good luck

 

[complain7439]

Hey! I can't imagine what you must be going through. But, what surprises me that while conducting a background check and multiple other checks, IRCC didn't find anything suspicious. People's application gets denied over the smallest reasons and if you're claiming this to be a bigger issue, I really think IRCC would have caught it. Maybe they did notice it an may have thought it's not a big deal. I guess if you plan on leaving the country only, then why not come clean to them. I mean in this case there is literally nothing to lose. But if you're honest, they may even give you a cleanchit and you could continue to live in Canada. Good luck

This is a great suggestion. Coming from a different part of the world, we initially believed that IRCC would have done their due diligence background checks and would have known about our issue. Or so we thought that it was their responsibility to do background checks and catch our issue. If they did not come out about it or silent about it, we thought they would have noticed about our issue in the background checks but were ok with it and we could proceed to move to Canada despite our issue. But, how can we be sure of the thing that they noticed our issue and were ok with it or on How much background checks they did? GCMS notes did not reveal anything about their knowledge on our issue. Then there is this concept in the western countries called “duty to disclose”. In third world countries, the concept is catch me by your background checks and if you did not come out about it, you accepted it. But, in here it does not work that way because of “duty to disclose” concept.
If as suggested, we come out clean, IRCC need not forgive us. There is no clemency for misrepresentation, once committed and certain time has passed, even if one comes out clean. They may slap five year ban immediately asking us to fight it out in the court and which can become black mark on our kids for rest of their lives. If there was clemency, lot of misrepresentation cases would have been forgiven by now just by an act of remorse. But that’s not the case.

 

[hamgha]

This is a great suggestion. Coming from a different part of the world, we initially believed that IRCC would have done their due diligence background checks and would have known about our issue. Or so we thought that it was their responsibility to do background checks and catch our issue. If they did not come out about it or silent about it, we thought they would have noticed about our issue in the background checks but were ok with it and we could proceed to move to Canada despite our issue. But, how can we be sure of the thing that they noticed our issue and were ok with it or on How much background checks they did? GCMS notes did not reveal anything about their knowledge on our issue. Then there is this concept in the western countries called “duty to disclose”. In third world countries, the concept is catch me by your background checks and if you did not come out about it, you accepted it. But, in here it does not work that way because of “duty to disclose” concept.
If as suggested, we come out clean, IRCC need not forgive us. There is no clemency for misrepresentation, once committed and certain time has passed, even if one comes out clean. They may slap five year ban immediately asking us to fight it out in the court and which can become black mark on our kids for rest of their lives. If there was clemency, lot of misrepresentation cases would have been forgiven by now just by an act of remorse. But that’s not the case.

I dont think it will become a black mark on your kids. And misrepresentation bans can be "cleared" after a while. Like the others said, you can explain what you did without revealing yourself to give more clarity. Bigamy for example or fraudulent diplomas can be different than other cases.

 

[EB24]

This is a great suggestion. Coming from a different part of the world, we initially believed that IRCC would have done their due diligence background checks and would have known about our issue. Or so we thought that it was their responsibility to do background checks and catch our issue. If they did not come out about it or silent about it, we thought they would have noticed about our issue in the background checks but were ok with it and we could proceed to move to Canada despite our issue. But, how can we be sure of the thing that they noticed our issue and were ok with it or on How much background checks they did? GCMS notes did not reveal anything about their knowledge on our issue. Then there is this concept in the western countries called “duty to disclose”. In third world countries, the concept is catch me by your background checks and if you did not come out about it, you accepted it. But, in here it does not work that way because of “duty to disclose” concept.
If as suggested, we come out clean, IRCC need not forgive us. There is no clemency for misrepresentation, once committed and certain time has passed, even if one comes out clean. They may slap five year ban immediately asking us to fight it out in the court and which can become black mark on our kids for rest of their lives. If there was clemency, lot of misrepresentation cases would have been forgiven by now just by an act of remorse. But that’s not the case.

To me your intent was innocent and I hope something good works out for you and you don't have to live with this scare neither do you have to leave the country exhaust all options before you leave the country. I'm sure someone can help.

 

[Buletruck]

To me your intent was innocent and I hope something good works out for you and you don't have to live with this scare neither do you have to leave the country exhaust all options before you leave the country. I'm sure someone can help.

Unfortunately, Innocent Misrepresentation is clearly defined in law. Regardless of intent or reason, the OP, as has been advised by his legal council, meets that definition.


Any misstatement or omission that is material, and that either did or could have caused an error in an immigration officer's assessment of an application, can result in a five year bar on entering Canada.

 

[canuck78]

Assume there is a good chance that you misrepresented your country of origin based on the cases you keep on referencing. This may also involve things like obtaining documentation, like birth certificates, from the wrong country.

 

[canuck78]

Hey! I can't imagine what you must be going through. But, what surprises me that while conducting a background check and multiple other checks, IRCC didn't find anything suspicious. People's application gets denied over the smallest reasons and if you're claiming this to be a bigger issue, I really think IRCC would have caught it. Maybe they did notice it an may have thought it's not a big deal. I guess if you plan on leaving the country only, then why not come clean to them. I mean in this case there is literally nothing to lose. But if you're honest, they may even give you a cleanchit and you could continue to live in Canada. Good luck

Many countries don't have great records, officials can be easily bribed in many countries of if you know the right person you can obtain the documents you want so the documents submitted are legitimate documents, etc. so background checks can miss things. Someone you knew from your home country may be the one who recognizes you and realizes your background information isn't correct.

 

[Doof]

Hey guys,
I am extremely worried about something. I forgot to mention my sibling in my application and it got approved. I did not know this was considered misrepresentation. Now that I know I want to contact ircc to declare everything before they found out but i don’t know if it will have a negative effect on me. Also my sibling is planning to come to canada very soon. Please help what should I do

 

[Boltj194]

It's really your choice what you do. Without knowing what the misrepresentation was exactly, I don't see how any of us can give you our opinions on the chances of this impacting you and your chances of getting caught. Entirely up to you what you do.

To answer your question regarding what the lawyers have told you, yes, misrepresentation can result in PR or citizenship being revoked at any point in the future.

I went to study in USA for my MBA on 2014and finished my course by October 2015 and I was working at rite aid. I met a girl and she used to visit everyday to me and she was coming everyday to see me. We fell in love. Her mom also came with her few times to see me. After a few months of relationship she mentioned we could marry. But I was little nervous and I was worried about different culture. But she said all good and I'm can adjust with your culture and we could even come and stay in india

One day she and her mom invited me to dinner. I was so happy and I went to dinner after dinner she proposed me for marriage and I was so excited.

Next days onwards she started caring me like husband like bring food to my work place

After few days she called me and said we can start living together but she said we need to marry first and that cost almost 1000 dollar and she don't have money for that. I told her we are in relationship and my

Money is your money too. I gave my debit card to her. She went to ATM and took money and gave card back to me. After one week we went to court house to marry and we had some reception for marriage. I told her we need to start living together but she said her mom is sick and she can't leave alone her mom and she started taking money from account for mom hospital expenses. I was working so many over time hours to save money but Same time she started taking money. I rented apartment to stay together but not even ready to move and kept saying excuses. One day I was at work and I swiped my card for lunch at a restaurant but my card declined and I was surprised why my debit card and I called my bank and they said your account dont have monry and you debit card used today morning. I told bank that I did not used it. I called my wife and she did not attend calls. I sent her text and no response. I talked this issue to my store manager and he said why she taking money and mostly us citizens we don't need to pay for health care. Even I don't know that because I was on work visa and I thought everyone has to pay it. I felt I got fooled. I was upset and I went to her home and I was shocked she was dancing and drinking with two other guys. I asked her who is this guys and she said it's none of your problem. Then I told her I'm ur husband and she started laughing and said you are indian dumb not husband stupid. Then I heard a girl calling her mom and I asked her who is this and she shouted at me and said it's my kids and she said you need to go now and two guys shouted at me and said leave now otherwisw you will be in trouble. I literally cried and ran away. I did not go to job for one week and the manager called me and told me to drivirce her she was chetaing you all this time . I sent her text saying you cheated me all this time and you ruined my life and you took my all hard work money. I asked her for divorce and she will sign it if I pay 1000 dollar lawyer fees and she also told me if I reported to anyone my friends will come to you and I know where you lives. I paid her and after few months 2017 she sent email saying divorce completed indian idiot. She also told me never email or text. It's over.



i never talked to her from 2017 and also i never seen her . i left usa permanently 2020



i came to canada . i sent email to usa in 2022 state for future immigration purposes i sent email to philadelphia city asking for my divorce copy and they replied saying nobody filed any divorce on your name or spouse name . i was so shocked and i talked to some family lawyers in toronto and they adviced me to call any lawyers in philadelphia . i sent emails to many lawyers replied saying they can file divorce and he filed divorce and finally judge signed divorce decree 2023 september and divirce finized



even my previous study , work , visitor visa applications they were asking previous spiuse details which mentioned start 2016 and end 2017 based informarion i received from ex wife . i have attacehd screenshot of that



even though she provided wrong info saying divirce is completed in 2017

our relationship already ended in 2017 and i never seen or talk to ex wife from 2017 . The last email was in 2017 saying divorce completed .

she mentioned in 2017 divorce completed





i went to my country and married in another woman in 2018 and we have 2 years old baby also . i came to study canada 2022 and my current wife and baby got work permit and visitor visa . i applied for pnp nomination together and there is no start date and end date on pnp application . so i simply upload divorce decree dated 2023 and current marriage certificate dated 2018



but on ircc application they asking start and date and end date of previous spouse



my question will be can i put same 2016 to 2017 previous marriage details on new PR application and attached divorce decree dated 2023 with cover letter saying this was happend.

 

[scylla]

I went to study in USA for my MBA on 2014and finished my course by October 2015 and I was working at rite aid. I met a girl and she used to visit everyday to me and she was coming everyday to see me. We fell in love. Her mom also came with her few times to see me. After a few months of relationship she mentioned we could marry. But I was little nervous and I was worried about different culture. But she said all good and I'm can adjust with your culture and we could even come and stay in india

One day she and her mom invited me to dinner. I was so happy and I went to dinner after dinner she proposed me for marriage and I was so excited.

Next days onwards she started caring me like husband like bring food to my work place

After few days she called me and said we can start living together but she said we need to marry first and that cost almost 1000 dollar and she don't have money for that. I told her we are in relationship and my

Money is your money too. I gave my debit card to her. She went to ATM and took money and gave card back to me. After one week we went to court house to marry and we had some reception for marriage. I told her we need to start living together but she said her mom is sick and she can't leave alone her mom and she started taking money from account for mom hospital expenses. I was working so many over time hours to save money but Same time she started taking money. I rented apartment to stay together but not even ready to move and kept saying excuses. One day I was at work and I swiped my card for lunch at a restaurant but my card declined and I was surprised why my debit card and I called my bank and they said your account dont have monry and you debit card used today morning. I told bank that I did not used it. I called my wife and she did not attend calls. I sent her text and no response. I talked this issue to my store manager and he said why she taking money and mostly us citizens we don't need to pay for health care. Even I don't know that because I was on work visa and I thought everyone has to pay it. I felt I got fooled. I was upset and I went to her home and I was shocked she was dancing and drinking with two other guys. I asked her who is this guys and she said it's none of your problem. Then I told her I'm ur husband and she started laughing and said you are indian dumb not husband stupid. Then I heard a girl calling her mom and I asked her who is this and she shouted at me and said it's my kids and she said you need to go now and two guys shouted at me and said leave now otherwisw you will be in trouble. I literally cried and ran away. I did not go to job for one week and the manager called me and told me to drivirce her she was chetaing you all this time . I sent her text saying you cheated me all this time and you ruined my life and you took my all hard work money. I asked her for divorce and she will sign it if I pay 1000 dollar lawyer fees and she also told me if I reported to anyone my friends will come to you and I know where you lives. I paid her and after few months 2017 she sent email saying divorce completed indian idiot. She also told me never email or text. It's over.



i never talked to her from 2017 and also i never seen her . i left usa permanently 2020



i came to canada . i sent email to usa in 2022 state for future immigration purposes i sent email to philadelphia city asking for my divorce copy and they replied saying nobody filed any divorce on your name or spouse name . i was so shocked and i talked to some family lawyers in toronto and they adviced me to call any lawyers in philadelphia . i sent emails to many lawyers replied saying they can file divorce and he filed divorce and finally judge signed divorce decree 2023 september and divirce finized



even my previous study , work , visitor visa applications they were asking previous spiuse details which mentioned start 2016 and end 2017 based informarion i received from ex wife . i have attacehd screenshot of that



even though she provided wrong info saying divirce is completed in 2017

our relationship already ended in 2017 and i never seen or talk to ex wife from 2017 . The last email was in 2017 saying divorce completed .

she mentioned in 2017 divorce completed





i went to my country and married in another woman in 2018 and we have 2 years old baby also . i came to study canada 2022 and my current wife and baby got work permit and visitor visa . i applied for pnp nomination together and there is no start date and end date on pnp application . so i simply upload divorce decree dated 2023 and current marriage certificate dated 2018



but on ircc application they asking start and date and end date of previous spouse



my question will be can i put same 2016 to 2017 previous marriage details on new PR application and attached divorce decree dated 2023 with cover letter saying this was happend.

You need to list your previous marriage details as 2016 to 2023. It has to match the divorce decree. Note that IRCC won't regard your current marriage as valid since you got married before you were officially divorced. Suggest listing your spouse as a common law partner instead unless you got remarried after you were officially divorced. Overall, might be good to get advice from a lawyer.

 

[Boltj194]

You need to list your previous marriage details as 2016 to 2023. It has to match the divorce decree. Note that IRCC won't regard your current marriage as valid since you got married before you were officially divorced. Suggest listing your spouse as a common law partner instead unless you got remarried after you were officially divorced. Overall, might be good to get advice from a lawyer.

can i put 2016 to 2017 and attach cover letter and divorce letter . also i can mention i never seen her from 2017

 

[Naturgrl]

can i put 2016 to 2017 and attach cover letter and divorce letter . also i can mention i never seen her from 2017

What is the date of the divorce letter? That is the date you use not when you last saw her.

 

[Boltj194]

What is the date of the divorce letter? That is the date you use not when you last saw her.

2023

how i can justify this situation ?