We didn’t lie on our application. It is just the date we put in was wrong. The quote there above is if we are disapprove, how can we declare ourselves for the next application if we will do new application., are we declaring that we are common law on 2014 because CIC refused us on that ground or we will still insist common law 2015 because that is the truth?
Misrepresentation on spousal sponsorship
- Thread starter LTL8605
- Start date
My apology, if I misunderstood what you mean. If I were you, I stick with the truth. And don't bother with the new application yet, you need to seriously think about to consult with a good immigration lawyer. I wish you the best that CIC will accept your explanation, but again, your incompetent lawyer sent in another wrong common law declaration, which will definitely make a negative impact, in the eyes of CIC.
I really hope CIC will accept our sincere apology. This is very stressfull to me and my wife. We were so honest on our application but because of technically we might be sent home.
You would need to wait and see the reason for your denial, and only then decide how to proceed. Since any future app would use feedback of visa officer from this app, you may need to appeal any negative decision so a second app is not just rejected again for same reasons.
I have another question, I received a letter that saying i'm not qualified because of misrepresentation however my wife received a letter that she needs to explained within 30 days. Do i need to send a letter of explanation or my wife letter of explanation is enough to explain both of us? Thanks again
Someone told me to recall my application and send a new one. is this a right thing to do or just wait for a decision?
If you are already accused of misrepresentation, withdrawing the app and sending a new one won't help solve anything. The exact same issue will just come up in the next app you submit.
What exactly did you receive? Was it a procedural fairness letter that they are thinking of declaring the misrepresentation and giving you a chance to explain yourself? Or a letter saying your sponsorship will be rejected due to misrepresentation and that was their final decision? You are not explaining well exactly what info you are getting here from IRCC.
You seriously should talk to an experienced immigration lawyer here in how you should be responding to all of this. If your app is refused due to misrepresentation, you will not be able to submit a new app since that charge will follow you. You would need to appeal it.
i just received a letter saying that i'm not qualified to sponsor due to misrepresentation but my wife received a procedural fairness letter. Thanks for your reply
I might be wrong, but that certainly sounds like IRCC has identified you have misrepresented yourself on your initial application and may start reviewing your own PR status. I would really, really start consultations with a good immigration lawyer. This could go much further than just not being able to sponsor your wife.
In the app did you select to continue with the applicant processing if you were found ineligible to sponsor? That could be why your spouse has gotten a separate procedural fairness letter since the applicant portion is still continuing. In the end though, if you are ineligible to sponsor it doesn't matter how your wife responds as the entire app will be denied due to sponsor.
Once app is officially denied, simply submitting a new app later on will not help anything. You will need to appeal this decision to try and get the misrepresentation claim explained and taken away. If you can explain what happened and have an appeals judge accept the appeal, then this app will go back to visa office for continued processing.
You need to speak with an immigration lawyer immediately.
Looks like my only option is to battle this one on an appeal. I'm 101% that i didn't misrepresent anything on my PR application because we were not common law on the time i got my PR. it's unfortunate the we put a wrong date on the common law date. How can we be common law on 2013 when she just arrived here in canada on 2013 and that"s the first time we met.