Misrepresentation on spousal sponsorship

[Rob_TO]

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.

I can see why the visa officer accused you of misrepresentation. You originally had wrong info regarding your dates of becoming common-law, and then even on "corrected" stat declaration you sent that also had incorrect dates that would not match to your relationship story.

The main issue in your case is that if you started dating and were living together anytime before Dec 2013, that would have made you common-law by Dec 2014 when you landed as PR as single, and you would have needed to declare your spouse. Your case is further complicated by the fact you actually were living together at same house address in 2013, but didn't start dating until afterwards (Sept 2014). The visa officer thinks you were actually dating before Dec 2013 and are fabricating the dates to ensure you are not classified as common-law on Dec 2014.

Not sure time for appeals these days, but I've heard can be up to a few years. You should check in the appeals thread on what times recent appeal cases are seeing.

 

[Miraclejj]

I can see why the visa officer accused you of misrepresentation. You originally had wrong info regarding your dates of becoming common-law, and then even on "corrected" stat declaration you sent that also had incorrect dates that would not match to your relationship story.

The main issue in your case is that if you started dating and were living together anytime before Dec 2013, that would have made you common-law by Dec 2014 when you landed as PR as single, and you would have needed to declare your spouse. Your case is further complicated by the fact you actually were living together at same house address in 2013, but didn't start dating until afterwards (Sept 2014). The visa officer thinks you are fabricating the dates to ensure you are not classified as common-law on Dec 2014.

Not sure time for appeals these days, but I've heard can be up to a few years. You should check in the appeals thread on what times recent appeal cases are seeing.

Currently, if he can get an ADR (most likely won't), the waiting time is about less than a year (8 months probably), if it will be a full hearing, in Toronto area, the waiting time to get a hearing date is about 2 years and in Vancouver area is about year and half.

And he needs to appeal within 30 days, after he received his refusal.

Oh, we forgot, he filed inland application, thus no appeal for him.

The only time he can file an appeal is that if CIC launches an investigation to against him, and subsequently his PR would be revoked. Then he can appeal on that. For this inland application, the decision from CIC is final.

 

[LTL8605]

I can see why the visa officer accused you of misrepresentation. You originally had wrong info regarding your dates of becoming common-law, and then even on "corrected" stat declaration you sent that also had incorrect dates that would not match to your relationship story.

The main issue in your case is that if you started dating and were living together anytime before Dec 2013, that would have made you common-law by Dec 2014 when you landed as PR as single, and you would have needed to declare your spouse. Your case is further complicated by the fact you actually were living together at same house address in 2013, but didn't start dating until afterwards (Sept 2014). The visa officer thinks you were actually dating before Dec 2013 and are fabricating the dates to ensure you are not classified as common-law on Dec 2014.

Not sure time for appeals these days, but I've heard can be up to a few years. You should check in the appeals thread on what times recent appeal cases are seeing.

If we will be denied, at least we been very honest and truthful on our application. It just the mistake on date when we get our common law. The lawyer should educated us and denied us on our common law application.

 

[LTL8605]

Currently, if he can get an ADR (most likely won't), the waiting time is about less than a year (8 months probably), if it will be a full hearing, in Toronto area, the waiting time to get a hearing date is about 2 years and in Vancouver area is about year and half.

And he needs to appeal within 30 days, after he received his refusal.

Oh, we forgot, he filed inland application, thus no appeal for him.

The only time he can file an appeal is that if CIC launches an investigation to against him, and subsequently his PR would be revoked. Then he can appeal on that. For this inland application, the decision from CIC is final.

Are you saying that after we submitted ADR, we will wait for 8 months for a decision?

 

[Miraclejj]

If we will be denied, at least we been very honest and truthful on our application. It just the mistake on date when we get our common law. The lawyer should educated us and denied us on our common law application.

Hey, we feel you, ok. If I were you, I wouldn't waste a minute more here to try to explain your situation. I would immediately to consult with a lawyer.

Meanwhile, CIC still provided an opportunity to your wife to explain the situation, so it is not the end of it, please don't waste it. GO FIND YOURSELF A GOOD LAWYER!

 

[Miraclejj]

Are you saying that after we submitted ADR, we will wait for 8 months for a decision?

ADR is an appeal process, that mainly for those refused cases with very simple issues that can be solved with hour or two. Majority of refusal cases won't be qualified.

Also, don't waste your time, you filed an inland application, and it doesn't have the option to appeal. If CIC decides to deny your case, it's final.

 

[LTL8605]

Hey, we feel you, ok. If I were you, I wouldn't waste a minute more here to try to explain your situation. I would immediately to consult with a lawyer.

Meanwhile, CIC still provided an opportunity to your wife to explain the situation, so it is not the end of it, please don't waste it. GO FIND YOURSELF A GOOD LAWYER!

Thanks Bud.

 

[Rob_TO]

Also, don't waste your time, you filed an inland application, and it doesn't have the option to appeal. If CIC decides to deny your case, it's final.

Good point, I didn't notice in his posts if they actually applied inland or outand.

With an inland app there are avenues to appeal but not as straightforward as outland. Perhaps in this case if app is refused it's better to immediately submit an outland app, wait for that rejection on same misrepresentation basis, and then appeal.

An immigration lawyer will be essential to advise properly on this.

 

[LTL8605]

Good point, I didn't notice in his posts if they actually applied inland or outand.

With an inland app there are avenues to appeal but not as straightforward as outland. Perhaps in this case if app is refused it's better to immediately submit an outland app, wait for that rejection on same misrepresentation basis, and then appeal.

An immigration lawyer will be essential to advise properly on this.

Inland application

 

[Miraclejj]

Good point, I didn't notice in his posts if they actually applied inland or outand.

With an inland app there are avenues to appeal but not as straightforward as outland. Perhaps in this case if app is refused it's better to immediately submit an outland app, wait for that rejection on same misrepresentation basis, and then appeal.

An immigration lawyer will be essential to advise properly on this.

I agree with you. And the good news is that IRCC does provide him an opportunity to his wife for the explanation, thus the procedure fairness letter. It is the second chance to show the clean hand that he doesn't want to waste. So, go find a GOOD immigration lawyer is the only option he needs to act upon, immediately. It won't have the third chance.

 

[LTL8605]

I agree with you. And the good news is that IRCC does provide him an opportunity to his wife for the explanation, thus the procedure fairness letter. It is the second chance to show the clean hand that he doesn't want to waste. So, go find a GOOD immigration lawyer is the only option he needs to act upon, immediately. It won't have the third chance.

We already sent our reply on the fairness letter. With all the good replies i got here, i think we will just wait for the decision and get a lawyer to tell us the next step to go.

 

[Rob_TO]

I agree with you. And the good news is that IRCC does provide him an opportunity to his wife for the explanation, thus the procedure fairness letter. It is the second chance to show the clean hand that he doesn't want to waste.

This is not necessarily a good thing.

They seem to be investigating his spouse for the same misrepresentation. If they also conclude she has committed misrepresentation she may be deported from Canada and given a lengthy ban (at least 5 years) so would then be unable to apply again for PR until it's resolved.

A procedural fairness letter is often just a formality as their mind could already be made up. It's unfortunate they did not get a lawyer to guide them in the letter's response.

 

[LTL8605]

This is not necessarily a good thing.

They seem to be investigating his spouse for the same misrepresentation. If they also conclude she has committed misrepresentation she may be deported from Canada and given a lengthy ban (at least 5 years) so would then be unable to apply again for PR until it's resolved.

well, that is a bad luck then when you trying to be truthful but they will use it against you. That is not the Canadian way to do things. i been here in Canada for 8 year and i love their values and what they stand for.

 

[Miraclejj]

This is not necessarily a good thing.

They seem to be investigating his spouse for the same misrepresentation. If they also conclude she has committed misrepresentation she may be deported from Canada and given a lengthy ban (at least 5 years) so would then be unable to apply again for PR until it's resolved.

Actually it is a good news on its surface. That is a second chance that they can provide an explanation to show the clean hand, whether it will be accepted or not by IRCC, that is a different story. I rather have a second chance than am without it. If I was him, I would spear my head to do my research to find out the seriousness and immediately to consult with a lawyer, and let the lawyer to dress the procedure fairness letter in a more profound legal way. But it seems that nonetheless, they wasted it.

And if IRCC accepted his wife's explanation, it would clear both of them, because their two cases actually related. You clear one, you clear the other.

 

[Rob_TO]

well, that is a bad luck then when you trying to be truthful but they will use it against you. That is not the Canadian way to do things. i been here in Canada for 8 year and i love their values and what they stand for.

Put yourself in the visa officer's shoes. With each thing you submitted (original app, new stat declaration of common-law, latest fairness letter responses), you changed key dates each time. How are they supposed to know if you are telling the truth or not?? I'm not surprised at all the misrepresentation charge was the result.

They have no idea whatsoever if you are being truthful or not, and many people do indeed intentionally lie on their PR forms. They can't simply accept the "oops I put wrong info on the form" excuse, especially multiple times. They are not using anything against you except for what you actually filled out on the application.