Misrepresentation on spousal sponsorship

[Miraclejj]

I think it is better for them to investigate because they can find out that we are telling the truth. Their investigation will clear everything up.

Man, how come you are so naive, it is called investigation, actually it is the process that IRCC collects all negative evidences to against you, and it is not IRCC's responsibility to clear you up, the onus is on you to clear yourself up.

 

[Miraclejj]

What do you suggest then? At this point, it all waiting time at all speculation. They might consider misrepresentation or they might not. I have full trust on the immigration system of this country and hopefully it is favorable to us. If not, then i can fight in the court. I understand all of you but misrepresentation is still a speculation and if i can see a small light i front of me i’m still hopeful

Oh well, at least I admire your compassionate, I give you that. Good Luck then, you need it.

 

[LTL8605]

Man, how come you are so naive, it is called investigation, actually it is the process that IRCC collects all negative evidences to against you, and it is not IRCC's responsibility to clear you up, the onus is on you to clear yourself up.

I don’t want argue but man you trying to tell me i don’t have hope. I’m not afraid of investigation because i not hiding anything. I know that simple mistake is big mistake and will probably effect us negatively but as this point based on other trends, we just need to wait for decision then we move base on the decision. Cheers!

 

[Sous02]

I don’t want argue but man you trying to tell me i don’t have hope. I’m not afraid of investigation because i not hiding anything. I know that simple mistake is big mistake and will probably effect us negatively but as this point based on other trends, we just need to wait for decision then we move base on the decision. Cheers!

am I missing something here? this is an inland application correct? There is no appeal of an inland application.

 

[Miraclejj]

am I missing something here? this is an inland application correct? There is no appeal of an inland application.

I don't know, but Rob_To said there are some ways to appeal for inland, although they are not as straight forward as outland appeal.

One way that I could think of is after an inland case is denied, they can apply on the H&C ground, and if H&C is denied, then you have the ground to appeal.

 

[Rob_TO]

am I missing something here? this is an inland application correct? There is no appeal of an inland application.

You can't appeal directly to the IAD like you can with an outland app, but you can request a Judicial Review at the Federal level.

See here: https://www.canada.ca/content/dam/ircc/migration/ircc/english/resources/manuals/enf/enf06-eng.pdf
5.4. Notification to persons of their right to appeal or file an application for judicial review
Where no statutory right of appeal exists, or those rights have been exhausted, there is a right to seek judicial review with respect to any matter arising from the application of the IRPA by filing an application for leave and judicial review to the Federal Court pursuant to subsection A72(1).

Also here: https://www.canada.ca/en/immigration-refugees-citizenship/services/refugees/claim-protection-inside-canada/after-apply-next-steps/refusal-options/federal-court-review.html
Review by the Federal Court is a two-stage process. In the first stage, which is known as the “leave” stage, the Court reviews the documents related to your case. You must show the Court that an error was made in the decision, or the decision was not fair or reasonable.

If leave is given, this means the Court has agreed to examine the decision in depth. At this second stage, called “application for judicial review,” you and your lawyer can attend an oral hearing before the Court and explain why you believe the original decision was wrong.

From what I've heard, vast majority of rejected cases that request judicial review, are not successful since they basically require you to show an error in law was made by the visa officer. However I don't know the history of all cases. Hiring an experienced lawyer is mandatory.

Another option to appeal directly to IAD, is to simply re-submit a new outland application immediately, and when that one is also rejected for same reason you can then appeal it through IAD.

 

[Will_PA]

I have full trust on the immigration system of this country and hopefully it is favorable to us. If not, then i can fight in the court.

You completely failed your end of the bargain by being negligently inaccurate in your application. Twice. The system is fair. And the objective viewer of your application would deny you for misrepresentation and ban your wife. Hence why everyone is asking you to wake up. Sorry if it sounds harsh. Hoping you'll realise seriousness of the situation.

 

[LTL8605]

You completely failed your end of the bargain by being negligently inaccurate in your application. Twice. The system is fair. And the objective viewer of your application would deny you for misrepresentation and ban your wife. Hence why everyone is asking you to wake up. Sorry if it sounds harsh. Hoping you'll realise seriousness of the situation.

i went to the lawyer and told us it is not representation. The letter from CIC didn't say anything about i misrepresent something on our application. They just want clarification because they were confused on the details we provided. It was an honest mistake and if we can provide a detailed explanation with correct document attachment then they might consider it. Everyone is giving negative comment here because i put the title as Misrepresentation on spousal sponsonship. We and the immigration lawyer went through the letter from the cic and there is no such word or wording that says we are representing anything. He showed me a procedural letter from a different case stated that he maybe misrepresent something and indicated the regulatory rule and the subsection of misrepresentation (40.1) which is not on our procedural fairness letter we received

 

[Will_PA]

Mate, just take ownership of this. Here -

Dear Sirs

I have been let down by my representative in applying for PR for my spouse. Twice in fact, by still not clarifying the below issue. I hope by writing to you now I can straighten out the timeline of our relationship.

I met my wife while we were living in studio flats in the same apartment building. Hence we have shared the same address since before we first met, let alone began a relationship.

We started dating on xxx. We started living together on xxxx. Hence we became common law on xxx. We were married on xxx.

Ignorance is no excuse, but I left the application for PR for my partner entirely in the hands of an agent. You rightly queried an inaccurate common law declaration he prepared for us, and he replied a second time with another completely inaccurate explanation. I am taking steps to remove him as my representative.

For clarity,

We began dating on xxx

We became Common Law on xxx

We married on xxx

If there is any further information you require please let me know directly, either on email xxxx or phone xxx. I have never knowingly misrepresented her case.

Thank you for your understanding.

Yours faithfully


xxx

 

[LTL8605]

You can't appeal directly to the IAD like you can with an outland app, but you can request a Judicial Review at the Federal level.

See here: https://www.canada.ca/content/dam/ircc/migration/ircc/english/resources/manuals/enf/enf06-eng.pdf
5.4. Notification to persons of their right to appeal or file an application for judicial review
Where no statutory right of appeal exists, or those rights have been exhausted, there is a right to seek judicial review with respect to any matter arising from the application of the IRPA by filing an application for leave and judicial review to the Federal Court pursuant to subsection A72(1).

Also here: https://www.canada.ca/en/immigration-refugees-citizenship/services/refugees/claim-protection-inside-canada/after-apply-next-steps/refusal-options/federal-court-review.html
Review by the Federal Court is a two-stage process. In the first stage, which is known as the “leave” stage, the Court reviews the documents related to your case. You must show the Court that an error was made in the decision, or the decision was not fair or reasonable.

If leave is given, this means the Court has agreed to examine the decision in depth. At this second stage, called “application for judicial review,” you and your lawyer can attend an oral hearing before the Court and explain why you believe the original decision was wrong.

From what I've heard, vast majority of rejected cases that request judicial review, are not successful since they basically require you to show an error in law was made by the visa officer. However I don't know the history of all cases. Hiring an experienced lawyer is mandatory.

Another option to appeal directly to IAD, is to simply re-submit a new outland application immediately, and when that one is also rejected for same reason you can then appeal it through IAD.

yep, if denied based on misrepresentation then no appeal for my wife but i'm positive that they will look at the paper not because of misrepresentation but rather on a different point of view so we won't get that 5 years ban.

 

[LTL8605]

Mate, just take ownership of this. Here -

Dear Sirs

I have been let down by my representative in applying for PR for my spouse. Twice in fact, by still not clarifying the below issue. I hope by writing to you now I can straighten out the timeline of our relationship.

I met my wife while we were living in studio flats in the same apartment building. Hence we have shared the same address since before we first met, let alone began a relationship.

We started dating on xxx. We started living together on xxxx. Hence we became common law on xxx. We were married on xxx.

Ignorance is no excuse, but I left the application for PR for my partner entirely in the hands of an agent. You rightly queried an inaccurate common law declaration he prepared for us, and he replied a second time with another completely inaccurate explanation. I am taking steps to remove him as my representative.

For clarity,

We began dating on xxx

We became Common Law on xxx

We married on xxx

If there is any further information you require please let me know directly, either on email xxxx or phone xxx. I have never knowingly misrepresented her case.

Thank you for your understanding.

Yours faithfully


xxx

Thanks Bud. That's what we actually put on our reply letter with addition documents. we admit it was an honest mistake and we can prove it.

 

[Miraclejj]

i went to the lawyer and told us it is not representation. The letter from CIC didn't say anything about i misrepresent something on our application. They just want clarification because they were confused on the details we provided. It was an honest mistake and if we can provide a detailed explanation with correct document attachment then they might consider it. Everyone is giving negative comment here because i put the title as Misrepresentation on spousal sponsonship. We and the immigration lawyer went through the letter from the cic and there is no such word or wording that says we are representing anything. He showed me a procedural letter from a different case stated that he maybe misrepresent something and indicated the regulatory rule and the subsection of misrepresentation (40.1) which is not on our procedural fairness letter we received

LTL8605, the intention that almost all of us provided you such negative comments were because we had read quit few cases like yours either on this forum or from the Cali II (sorry I couldn't remember exact the name of the site), and most outcomes of those cases were not end good. So, we hoped you to act upon it immediately, and gaining the upper hand by consulting lawyer(s) and collecting evidences, while preparing for the worst.

Since what needs to be done has been done, so at least me, myself will go out of my whole heart to sincerely hope that whatever you had submitted to respond the procedure fairness letter will work.

 

[LTL8605]

LTL8605, the intention that almost all of us provided you such negative comments were because we had read quit few cases like yours either on this forum or from the Cali II (sorry I couldn't remember exact the name of the site), and most outcomes of those cases were not end good. So, we hoped you to act upon it immediately, and gaining the upper hand by consulting lawyer(s) and collecting evidences, while preparing for the worst.

Since what needs to be done has been done, so at least me, myself will go out of my whole heart to sincerely hope that whatever you had submitted to respond the procedure fairness letter will work.

i understand and thanks for all the reply negative or positive. These comments actually helped me understand a lot of things. I'm been reading a lot of cases almost same as mine and really 99% the outcome it not favorable. As my lawyer told me, cases are different to each other, maybe some people didn't explain it very well or the document they attached are not really answering the question. The lawyer said it should be ok. I'm staying positive lol. I know this is very serious but i hope the immigration officer will understand and accept our sincere apology and explanation.

 

[Will_PA]

i understand and thanks for all the reply negative or positive. These comments actually helped me understand a lot of things. I'm been reading a lot of cases almost same as mine and really 99% the outcome it not favorable. As my lawyer told me, cases are different to each other, maybe some people didn't explain it very well or the document they attached are not really answering the question. The lawyer said it should be ok. I'm staying positive lol. I know this is very serious but i hope the immigration officer will understand and accept our sincere apology and explanation.

Your lawyer is incompetent and can't believe you're still using them. Your bed to lie in.

 

[LTL8605]

Your lawyer is incompetent and can't believe you're still using them. Your bed to lie in.

He is immigration lawyer so it is hard to argue when they know more than me. I went to 2 immigration consultants and one lawyer and they told me same thing.