Is it misrepresentation?? Please advise me

[immigrant1]

Hello Seniors & Experienced Forum Members - i'm a newbie and i really need your sincere advise

I'm a new immigrant who recently landed and obtained canadian PR, currently looking for a job and looking forward to settle in this beautiful country.

However, something is coming through my mind over and over -and i wanted to share it with you - hoping to get your advice:

During my immigration process - while i was doing the medical checkup - i was asked by the DMP to fill a questionnaire - which asked if i ever had an operation, i said no and signed the form. At that time i did not remember that i had an operation in my left arm (elbow fracture) more than 30 years ago... as it was a long time ago and it never affected my daily life - so i really didn't remember it.

So my question now, will this issue affect my PR status in canada in the future? Will it be considered as misrepresentation? I have never intended to lie in the medical questionnaire....as i said it just didn't cross my mind at that time, so i forgot it.
Whats your advice? & What would be the best thing to do now?

 

[scylla]

Don't worry about it. It's a minor oversight and won't cause any problems for you. No need to inform anyone.

 

[immigrant1]

Don't worry about it. It's a minor oversight and won't cause any problems for you. No need to inform anyone.

thanks for the reply, i'm really happy that it wont cause problems, you made my day ...i was worried as CIC are very sensitive towards any sort of inaccurate info/or mistake.

 

[Cappuccino]

I agree with Scylla, this minor oversight from so long ago will be of no interest or relevance to CIC.

As I just posted in another thread, CIC are concerned medically with 3 things before admitting a new immigrant to Canada:

1) That they do not pose a threat to public safety (e.g. alcohol or drugs problems)
2) That they do not pose a threat to public health (e.g. serious contagious disease such as HIV or syphillis)
3) That they will not pose an excessive financial strain on the welfare system.


As long as the operation/medical condition doesn't touch any of those 3 things, and certainly with it being 30 years ago, I really don't think CIC will be interested.

Best of luck with your new life in Canada,
Wayne.

 

[scylla]

As I just posted in another thread, CIC are concerned medically with 3 things before admitting a new immigrant to Canada:

1) That they do not pose a threat to public safety (e.g. alcohol or drugs problems)
2) That they do not pose a threat to public health (e.g. serious contagious disease such as HIV or syphillis)
3) That they will not pose an excessive financial strain on the welfare system.


As long as the operation/medical condition doesn't touch any of those 3 things, and certainly with it being 30 years ago, I really don't think CIC will be interested.

Best of luck with your new life in Canada,
Wayne.

What immigrant1 is asking about is misrepresentation - not medical inadmissibility (these are two very different matters). What you have described above is medical inadmissibility.

Misrepresentation is lying or failing to mention pertinent facts in the PR application or during landing. Misrepresentation can be punished by having your PR status revoked after landing. It can even be punished by having citizenship revoked. Probably the biggest misrepresentation we hear about on this forum is landing as a single individual when you are in fact married.

 

[imate]

What immigrant1 is asking about is misrepresentation - not medical inadmissibility (these are two very different matters). What you have described above is medical inadmissibility.

Misrepresentation is lying or failing to mention pertinent facts in the PR application or during landing.

You need to learn the basic defination of misrepresentation, concealment and fraud. Not disclosing is an act of concealment. Concealment is also a fraud. Dont say anything and give wrong interpretation to forum members. It is different issue that the operation of member is not material at this stage as Mr Cappuccino have given reason for this.





.

 

[scylla]

You need to learn the basic defination of misrepresentation, concealment and fraud. Not disclosing is an act of concealment. Concealment is also a fraud. Dont say anything and give wrong interpretation to forum members. It is different issue that the operation of member is not material at this stage as Mr Cappuccino have given reason for this.
.

I'm not sure I understand your post. My interpretation is correct. The two definitions (medical inadmissibility vs. misrepresentation) are extremely straight forward.

If you go back to the original post that started this thread. You will see that immigrant1 is worried that his PR status is in jeopardy (he has already landed) because he failed to disclose a medical condition to the DMP. Immigrant1 specifically asks about "misrepresentation" because he rightly understands that misrepresentation can cause someone's PR to be revoked even after they land.

Medical inadmissibility is completely different than misrepresentation. Medical inadmissibility can be an issue BEFORE someone lands and can result in a refusal of the PR application. Medical inadmissibility cannot cause problems AFTER someone lands. Immigrant1 clearly states that he has already landed. So medical inadmissibility does not apply to him.

As I said in my original response to Immigrant1, there is nothing to be worried about. A minor elbow injury is not misrepresentation. So he is fine. In fact, failing to mention ANY medical condition very likely won't result in misrepresentation. Misrepresentation is for bigger things like failing to mention children in your application, failing to declare you are married, failing to declare you were in the military, etc.

I hope this clarifies these two definitions for you. Let me know if you have any further questions.

 

[coolguy2010]

if you see carefully , syclla and cappuccino have same views......

the guy forgot that he had operation 30 yrs back and he is medically fit to enter canada which is fine.....There is no intentional misrepresention here

who will remember 30 yrs back things......will you ?

You need to learn the basic defination of misrepresentation, concealment and fraud. Not disclosing is an act of concealment. Concealment is also a fraud. Dont say anything and give wrong interpretation to forum members. It is different issue that the operation of member is not material at this stage as Mr Cappuccino have given reason for this.

 

[obs35]

if you see carefully , syclla and cappuccino have same views......

the guy forgot that he had operation 30 yrs back and he is medically fit to enter canada which is fine.....There is no intentional misrepresention here

who will remember 30 yrs back things......will you ?

Intentional or unintentional does not make a difference. the question here is if the misrepresentation was material or not. A fact is material if it has an impact on the decision of the officer OR if it can induce an error of the immigration decision. the key is here, "can induce". A surgery done 30 years ago without any medical conditions would probably not have an impact on the decision if it was revealed. However, since it was not revealed, the doctors would not know to look further into this issue, therefore it " can induce" an error in the administration of the act. ( Act meaning Immigration Act or laws). What I'm saying is that CIC did not have the opportunity to check the applicant more detailed, (which at the end it should have been OK anyway), that could have caused an error of the act which makes this misrepresentation material.

 

[Leon]

I agree that in this case, the misrepresentiation is not of a serious kind but in any case, as long as you don't tell, who will ever know?

I have heard of people losing their PR and getting deported for a misrepresentation as small as having lied about their activity during a period of 2 months of their past where they said they attended school but were really not doing anything. Having been unemployed for those 2 months would certainly not have affected them getting PR but goes to show how nitpicky immigration could get if they wanted to. However, this was also a very exceptional case as it was a lady who worked for immigration and was a victim of marriage fraud. She was on this forum at the time and that was some years ago. She asked her coworkers what she could do to get her husband deported. They said find anything he may have lied about. She knew about the 2 months and voila, no more PR for him.

 

[myluckyprincess]

looks like misrepresentation is still a violation however small the info is based on what leon mentioned here.

just continue to "forget" about your operation since it's more than 30 years ago.

 

[immigrant1]

I agree that in this case, the misrepresentiation is not of a serious kind but in any case, as long as you don't tell, who will ever know?

I have heard of people losing their PR and getting deported for a misrepresentation as small as having lied about their activity during a period of 2 months of their past where they said they attended school but were really not doing anything. Having been unemployed for those 2 months would certainly not have affected them getting PR but goes to show how nitpicky immigration could get if they wanted to. However, this was also a very exceptional case as it was a lady who worked for immigration and was a victim of marriage fraud. She was on this forum at the time and that was some years ago. She asked her coworkers what she could do to get her husband deported. They said find anything he may have lied about. She knew about the 2 months and voila, no more PR for him.

Thanks to all for your useful comments and advices, it looks like canada is a country where no one is allowed to do any unintentional mistake!

A question to Leon: so what would you recommend in my case?

 

[Leon]

Thanks to all for your useful comments and advices, it looks like canada is a country where no one is allowed to do any unintentional mistake!

A question to Leon: so what would you recommend in my case?

Unintentional mistake vs. intentional mistake. Some people really would choose to lie about things because they might feel it could affect their immigration. Immigration wants to get all of the info so they can decide for themselves.

In your case, I would recommend forgetting about it. It was 30 years ago. Did you really have an operation for it or did you have a broken arm set? Who knows any more. Unless you tell immigration about it, they will never know. Even if they did find out, you say you forgot. In your case, it's the truth. It is still not a serious mistake (unless you have an angry ex wife who works for immigration and wants to get you deported).

 

[immigrant1]

Unintentional mistake vs. intentional mistake. Some people really would choose to lie about things because they might feel it could affect their immigration. Immigration wants to get all of the info so they can decide for themselves.

In your case, I would recommend forgetting about it. It was 30 years ago. Did you really have an operation for it or did you have a broken arm set? Who knows any more. Unless you tell immigration about it, they will never know. Even if they did find out, you say you forgot. In your case, it's the truth. It is still not a serious mistake (unless you have an angry ex wife who works for immigration and wants to get you deported).

thanks for the advice...i'll keep my mouth shut and hope for the best :-X as there's nothing else i can do, luckily i don't have any ex wife

 

[goalkb]

Unintentional mistake vs. intentional mistake. Some people really would choose to lie about things because they might feel it could affect their immigration. Immigration wants to get all of the info so they can decide for themselves.

In your case, I would recommend forgetting about it. It was 30 years ago. Did you really have an operation for it or did you have a broken arm set? Who knows any more. Unless you tell immigration about it, they will never know. Even if they did find out, you say you forgot. In your case, it's the truth. It is still not a serious mistake (unless you have an angry ex wife who works for immigration and wants to get you deported).

hi,

I have a case where the review was done and the VO has concern on my employment letter obtained from abroad with letterhead having abroad address.

so I got new letter from Canada office and added to my file. both the letter looks same. Except the end date is 15 days less in the new letter. (The fact is I departed from Canada during this 15 days - it is planned vacation turned out to be an exit from Canada). I thought need to include this pay period in my Work Experience, because it took a week for me report to my base location. (It is my mistake because I though I need to put the pay period rather my physical presence in Canada)

In the email, I sent have intimated than I left Canada on June 2nd which is actual departed date. But in work experience letter it is stated end date as 15th June. this does not affect my eligibility though it comes under my qualifying period. (Even in review comment by VO this date is reflected )

I did not updated the form - as it might cause confusion.

Will this be a misrepresentation on any form? or can I send an update schedule work experience? or it is just treated as a minor mistake.

Please help!!!