Misrepresentation - risk of deportation - any options?

[Katayoon]

Hello folks,

I am posting my cousin’s story hoping some of you have encountered similar cases and could advise on options (if any).

My cousin is risking deportation because he failed to declare 2 children on his PR application. It was his ex-GF that wrote anonymous letter to Immigration. He appealed to the letter that he received from Immigration, but the appeal has been rejected. He is scheduled to go to federal court for his last appeal in a few months but his lawyer says chances are slim.

His current Canadian spouse is ready to sponsor him for a new PR application but the law says that following mis representation the person cannot apply for PR during 5 years following the execution of the order (I am not a lawyer so sorry if I am rephrasing it inaccurately).

The question here is: are there any ways for him to remain in the country at this point? His lawyer is currently studying all options, and I thought to ask here as well in case someone had encountered similar situations.

Both him and his spouse are devastated by the prospect of separation so I would appreciate any experiences shared.

 

[zardoz]

Hello folks,

I am posting my cousin’s story hoping some of you have encountered similar cases and could advise on options (if any).

My cousin is risking deportation because he failed to declare 2 children on his PR application. It was his ex-GF that wrote anonymous letter to Immigration. He appealed to the letter that he received from Immigration, but the appeal has been rejected. He is scheduled to go to federal court for his last appeal in a few months but his lawyer says chances are slim.

His current Canadian spouse is ready to sponsor him for a new PR application but the law says that following mis representation the person cannot apply for PR during 5 years following the execution of the order (I am not a lawyer so sorry if I am rephrasing it inaccurately).

The question here is: are there any ways for him to remain in the country at this point? His lawyer is currently studying all options, and I thought to ask here as well in case someone had encountered similar situations.

Both him and his spouse are devastated by the prospect of separation so I would appreciate any experiences shared.

Rule 1. Never lie to IRCC or CBSA, which is what misrepresentation represents.

If he is banned for misrepresentation and can't successfully appeal against the actual misrepresentation, then the ban will stand. He will be inadmissible to Canada and unable to submit any immigration application for the duration of the ban. If actually deported, I believe that he will also need an ARC to be processed as part of a future application. A voluntary departure might avoid that.

 

[scylla]

Hello folks,

I am posting my cousin’s story hoping some of you have encountered similar cases and could advise on options (if any).

My cousin is risking deportation because he failed to declare 2 children on his PR application. It was his ex-GF that wrote anonymous letter to Immigration. He appealed to the letter that he received from Immigration, but the appeal has been rejected. He is scheduled to go to federal court for his last appeal in a few months but his lawyer says chances are slim.

His current Canadian spouse is ready to sponsor him for a new PR application but the law says that following mis representation the person cannot apply for PR during 5 years following the execution of the order (I am not a lawyer so sorry if I am rephrasing it inaccurately).

The question here is: are there any ways for him to remain in the country at this point? His lawyer is currently studying all options, and I thought to ask here as well in case someone had encountered similar situations.

Both him and his spouse are devastated by the prospect of separation so I would appreciate any experiences shared.

I don't see any chance of an appeal succeeding since he clearly committed misrepresentation by failing to declare his two children. What argument is he trying to make in federal court to win?

IMO he should start making plans for where he will live for the next five years while he waits out the misrepresentation ban. His Canadian spouse will need to need to determine if she is going to go with him.

No one to blame for this entire situation but himself.

 

[Copingwithlife]

Question being is how did he “ forget “ about his 2 children when filling out the PR application?
As Scylla mentioned , no one to blame for this situation, but himself

 

[YVR123]

His Canadian spouse should prepared to move to his home country to live with him or prepared to live separately for the new few years.

 

[Katayoon]

Thank you all for your comments

 

[zardoz]

One last thing, I don't think that a IRPA 40(1)(a) or 40(1)(b) inadmissibility for misrepresentation leads to a deportation order, but only to an exclusion order.

 

[Katayoon]

One last thing, I don't think that a IRPA 40(1)(a) or 40(1)(b) inadmissibility for misrepresentation leads to a deportation order, but only to an exclusion order.

Thank you zardoz!

 

[typical]

Question being is how did he “ forget “ about his 2 children when filling out the PR application?
As Scylla mentioned , no one to blame for this situation, but himself

You all shutup people are asking for sulotion you here putting more fire are you free of crime yourself

 

[Amiah_world]

You all shutup people are asking for sulotion you here putting more fire are you free of crime yourself

Why u so mad lol this is a post from 2019 !!

 

[canuck78]

Why u so mad lol this is a post from 2019 !!

A troll that keeps making new accounts.

 

[Amiah_world]

A troll that keeps making new accounts.

lol ok I see !!