Citizenship Interview Took a Wrong Turn

[Lawrence137]

sorry I did not read the whole thread. Then it should be misrepresented

 

[keesio]

You're thinking too much ... you did nothing wrong... As for your friend.. he is going to be okay too but a little scrutiny for future



You're thinking too much ... you did nothing wrong... As for your friend.. he is going to be okay too but a little scrutiny on future applications... Good Luck !!!

The OP is probably ok. The friend can get into a lot of trouble. Especially of the OP is honest to IRCC and tells them everything he knows (including how he knew that his friend had a job lined up in Ontario before his landing)

 

[woodworker]

Hi. I have a concern . I came to Canada on arrange employment but things never worked out with my employer and I end up working somewhere else. So my question is will that be a problem in my interview if I am asked why I didn't work for the employer who got me here?

 

[razerblade]

Hi. I have a concern . I came to Canada on arrange employment but things never worked out with my employer and I end up working somewhere else. So my question is will that be a problem in my interview if I am asked why I didn't work for the employer who got me here?

Were you on an open work permit or was it locked to the first employer, and then switched to 2nd employer ?

 

[KRP]

Hi. I have a concern . I came to Canada on arrange employment but things never worked out with my employer and I end up working somewhere else. So my question is will that be a problem in my interview if I am asked why I didn't work for the employer who got me here?

yes

 

[woodworker]

Were you on an open work permit or was it locked to the first employer, and then switched to 2nd employer ?

Hmm I got my PR card after two months of landing. It wasn't a work visa that's why I am confused.

 

[woodworker]

yes

Sorry I didn't get that?

 

[btbt]

Hi. I have a concern . I came to Canada on arrange employment but things never worked out with my employer and I end up working somewhere else. So my question is will that be a problem in my interview if I am asked why I didn't work for the employer who got me here?

If you never worked for that employer at all you may be asked questions about it. If you have a good explanation why you didn't up accepting that offer (you got a better offer elsewhere, they reneged on (part of) their offer,...) I expect you'll be fine.

If you worked for them briefly and then went elsewhere you may be asked why you changed so quickly, but it shouldn't be much of an issue.

If IRCC has reason to believe it was a fraudulent job offer then that would be an issue.

 

[user828]

I had my Citizenship test and interview today. The interview was going smoothly. I was answering all the questions as I was asked. Towards the end the officer asked me why three other people living at your current address? I was surprised with the question (because no other people live at this address) then immediately asked the officer about their names. The officer left the room and came back after five minutes with the names. After hearing the names I instantly realized the names belong to the family of a friend who recently (4 weeks ago) used my address for PR landing in Toronto, although they were SK nominees. The officer asked me why they were using my address to which I replied I wanted to help them in receiving their PR cards in the mail because they did not have a home in Canada yet.

This discussion turned in an unpleasant direction, finally the officer said my friend is using my address to misrepresent PR program (SK nominee moved to ON, as he found a job in ON). In the end I was told my application will be further reviewed and I would be notified with the outcome. I left the interview room a little scared and have been thinking about this incident all day. To be honest I never thought about this before hand when my friend asked me my address.

After getting back home I have asked my friend to update his address on record. I am not sure how my citizenship application will end up? A lot of negative thoughts shroud my mind now - have I participated in misrepresenting PR nomination program? Will this lead to denial of citizenship? Will this lead to PR revoke? I am really scared. In the morning I left home excited for the citizenship test, and a few hours after I returned home nervous and skeptic. Any thoughts on what may happen to my application?

My situation/understanding is exactly what you said. I knew he is coming under SINP and moving to Toronto after a few days of being in SK. But I did not know that his intention was misrepresenting or committing a fraud. I should have been much careful when handing out my address in WhatsApp.
He only landed 4 weeks ago and has been using my address for the past 4 weeks. Will I be in a better position if he calls IRCC and removes my address from his file? Or, it is too late since CIC brought this up first ?

Firstly, relax although I am sure why you are anxious but the cat's outta the bag and have to deal henceforth. Now, your original post says

I wanted to help them in receiving their PR cards in the mail because they did not have a home in Canada yet
So did you use words like I gave it as "mailing" address and thats it?

However, in your 2nd post you say
I knew he is coming under SINP and moving to Toronto after a few days of being in SK. But I did not know that his intention was misrepresenting or committing a fraud. I should have been much careful when handing out my address in WhatsApp.
Did you tell the officer what you told us?

If not, then stick to story one and said you had no idea they are nominee etc, as a relative-friend etc, and IRCC says to help someone as mailing address
Now, if you were all out with the office, explaining that you knew they were nominees, doesn't really mean you dd anything wrong, you simply didn't know how this whole thing works as you were doing in good faith. Now off course, this is a matter of discussion here but from the officers POV, they would know too that people are no familiar with these things and its not you are ruining a racket, it simply could take bit more time for your app to go through and they might do more background checks or even come around your place to see if any activity going on. That's all, and whats the worse, they can refuse the app and you can appeal, this is is simple case of ill informed Canadian resident who had no idea

 

[btbt]

Which begs the question of what constitute material and direct misrepresentation in OP's case?.

I don't see any.

Bottomline, issues like these are extremelly difficult plus time consuming to prove.

IRCC would have to dedicate enormous resources, just for simple cases like this?, when there are thousands of other un-opened case files waiting?

Hmm...highly unlikely.

As zardoz pointed out: there is the possibility that the concern relative to OP is "conspiracy to misrepresent".

OP's application may now be suspended until the investigation into the friend's misrepresentation completes, so that if there was a "conspiracy to misrepresent" (i.e. OP was implicated by the results of that investigation) IRCC could take appropriate action. From what OP has told us, there was no conspiracy to misrepresent, but IRCC may want or (by policy) need to wait until the investigation completes.

(IRCC may not have suspended OP's application, so we don't know what is actually happening in this particular case, even if that's the starting point for this conversation.)

IRCC's citizenship fraud investigation staff (and others, like the Immigration Division) don't process applications, so them weeding out those who make fraudulent claims has no impact on processing times for everyone else. Immigration fraud investigations are performed by CBSA, so there's absolutely no impact on IRCC processing times.

The thing is, a PR application once approved and closed, can never be reopened.(Except in serious criminality cases) at the Minister's discretion. So there's nothing to crawl through in either OP or OP's friends case.

Evaluating Inadmissibility :

(10.8) A permanent resident in Canada who obtained status as a result of misrepresentation may be the subject of a section A44 report on grounds of inadmissibility for misrepresentation. In the case of misrepresentation, it is viewed as continuing so long as the person remains in Canada. (...) the Minister’s delegate [...] may refer the report to the IRB for an admissibility hearing and possible removal.​

There are plenty of "minister's delegates" (at a glance many "senior immigration officers" would have the authority to refer the report), so finding someone to do the referral isn't that much of a barrier. "Reopening" an application isn't what happens in these cases. There is a determination of one's admissibility by the Immigration Division (of the IRB), based on evidence presented at a hearing. The outcome of the hearing is what establishes someone's status, and their PR status might be found non-existent (albeit with some caveats around appeals).

 

[user828]

BTW, the friend should be revoked of PR - ppl wait years to get in and this is total cheating

 

[faithfulcanadian]

As zardoz pointed out: there is the possibility that the concern relative to OP is "conspiracy to misrepresent".

OP's application may now be suspended until the investigation into the friend's misrepresentation completes, so that if there was a "conspiracy to misrepresent" (i.e. OP was implicated by the results of that investigation) IRCC could take appropriate action. From what OP has told us, there was no conspiracy to misrepresent, but IRCC may want or (by policy) need to wait until the investigation completes.

(IRCC may not have suspended OP's application, so we don't know what is actually happening in this particular case, even if that's the starting point for this conversation.)

IRCC's citizenship fraud investigation staff (and others, like the Immigration Division) don't process applications, so them weeding out those who make fraudulent claims has no impact on processing times for everyone else. Immigration fraud investigations are performed by CBSA, so there's absolutely no impact on IRCC processing times.



Evaluating Inadmissibility :

(10.8) A permanent resident in Canada who obtained status as a result of misrepresentation may be the subject of a section A44 report on grounds of inadmissibility for misrepresentation. In the case of misrepresentation, it is viewed as continuing so long as the person remains in Canada. (...) the Minister’s delegate [...] may refer the report to the IRB for an admissibility hearing and possible removal.​

There are plenty of "minister's delegates" (at a glance many "senior immigration officers" would have the authority to refer the report), so finding someone to do the referral isn't that much of a barrier. "Reopening" an application isn't what happens in these cases. There is a determination of one's admissibility by the Immigration Division (of the IRB), based on evidence presented at a hearing. The outcome of the hearing is what establishes someone's status, and their PR status might be found non-existent (albeit with some caveats around appeals).

There are no misrepresentation neither are there any "conspiracy" to do so, according to OP's narative. Unless IRCC is able to prove otherwise, which they can't, he hasn't done anything wrong.

There are no motives, no benefits directly derived by OP's involvement in this scenario, so why are you guys speculating!

Writing up section A44 of the act againt the OP will be totally insane!, its irrelevant, and would be a buffoonery move by any officer that attempts it!

 

[Alurra71]

There are no misrepresentation neither are there any "conspiracy" to do so, according to OP's narative. Unless IRCC is able to prove otherwise, which they can't, he hasn't done anything wrong.

There are no motives, no benefits directly derived by OP's involvement in this scenario, so why are you guys speculating!

Writing up section A44 of the act againt the OP will be totally insane!, its irrelevant, and would be a buffoonery move by any officer that attempts it!

I think that was in response not regarding the OP but regarding the person who used OP for a mailing address.

 

[sns204]

Hopefully the OP will keep us informed as to how this played out.

 

[abdulqayyum]

I''ve similar type of question. I'm SK nominee, landed in SK, initially lived in Regina with my uncle, then got apartment leased on my name, kids are going school, until 6 months i couldn't find job in Regina, sk. meanwhile i got one contract relevant to my NOC (based on which i got skilled immigration). I've used all the community service job help/placement services in Regina, there is little (almost none) job prospect in future in my field. I applied everywhere, relevant, irrelevant jobs, couldn't find a work there.

is it safe to move to other province where i am getting job relevant to my NOC? I can manage to gather all the record from my inbox.