forgot to mention previous visa refusal
- Thread starter Wael_ar
- Start date
Hi everyone,
Permission to post.....
I am new here in the forum, my situation is I had my PR and my daughter under family sponsorship granted last March 28,2018. To share some background, during the process of sponsorship we had been through marriage breakdown which I noticed my ex-wife had an affair in Canada (Montreal) sometime 2016 February.
In order to continue the processing I cooperate with my ex-wife for the future of my daughter and I am still included in the sponsorship. Because of that situation of course I found my new relationship on May 2016 and my girlfriend had a son from her previous relationship a 5 years old boy under her surname. On January 2017 my girlfriend gave birth to our 1st son. Note: I acknowledged the 1st son of my girlfriend last May 24,2018 to use my surname.
Though I have no knowledge in my situation I had consulted with my relatives in Winnipeg and my auntie told me to Amend my PR VISA to declare my 1 yr & 5 months old baby boy.
My question is,
1. Do I need also to include the 1st son of my girlfriend in the amendment?
2. What is the possible story/explanation do I need to declare in the affidavit in our current relationship with my GF.
3. Is it possible to accuse me for misrepresentation?
My visa will expire on October 12, 2018 that's why I just want to clarify some issues about my situations.
Hoping everyone may give some clarifications advises.
Regards,
Vic
Permission to post.....
I am new here in the forum, my situation is I had my PR and my daughter under family sponsorship granted last March 28,2018. To share some background, during the process of sponsorship we had been through marriage breakdown which I noticed my ex-wife had an affair in Canada (Montreal) sometime 2016 February.
In order to continue the processing I cooperate with my ex-wife for the future of my daughter and I am still included in the sponsorship. Because of that situation of course I found my new relationship on May 2016 and my girlfriend had a son from her previous relationship a 5 years old boy under her surname. On January 2017 my girlfriend gave birth to our 1st son. Note: I acknowledged the 1st son of my girlfriend last May 24,2018 to use my surname.
Though I have no knowledge in my situation I had consulted with my relatives in Winnipeg and my auntie told me to Amend my PR VISA to declare my 1 yr & 5 months old baby boy.
My question is,
1. Do I need also to include the 1st son of my girlfriend in the amendment?
2. What is the possible story/explanation do I need to declare in the affidavit in our current relationship with my GF.
3. Is it possible to accuse me for misrepresentation?
My visa will expire on October 12, 2018 that's why I just want to clarify some issues about my situations.
Hoping everyone may give some clarifications advises.
Regards,
Vic
Your situation is a mess. You've technically obtained your PR visa through fraud.
When you say that you visa expires on October 12th, what do you mean by that? Do you mean your PR visa / COPR? Have you lived with your girlfriend for a year or more?
Here are a few points from your situation:
1. No you cannot declare your son now because you didn't declare him during the process of your PR
2. Is your current GF and son have PR or Citizenship status in Canada?
3.You had committed misrepresentation and that is a serious offense bylaw IRCC should haven't granted you PR and should have issued you 5 years ban.
Based on your posting history, it seems you have not landed as PR yet.
You will be committing misrepresentation if you land. Your marriage had broken down more than two years ago. Your ex-wife should have informed IRCC in May 2016 but she did not. In short, you have obtained your PR by fraud.
Your daughter could have continued to be part of that sponsorship application. But you should have been removed from it.
IMO, it is best if you do not land
Thank you for your advices, currently I am using a consultant, I am in the process of visa amendment to include my 2 kids, is it posible?my documents already recieved by canadian embassy manila phils last August 31 and still waiting for their reply
An immigration consultant won't be able to resolve this mess.
By now including your two sons, you have admitted that you have been in another relationship with your current girlfriend at least since April 2016 = Your wife/you did not inform IRCC about changes in the family composition when your PR was being processed = Your marriage had broken down in April-May 2016 but your wife/you did not inform IRCC = You have committed misrepresentation for your spousal PR application.
IMO, you can expect your COPR to be cancelled
Thank you again, even if I submit a statutory declaration to Canadian embassy??
Statutory Declaration
I, , of legal age, Filipino citizen, and currently a resident of and with postal address at , Philippines, after being duly sworn on oath, depose and say:
1. That I am the same person who holds an Immigrant Visa for permanent residence in Canada; it was issued under File No0000xxxxxxx; my date of birth is ;
2. That I am declaring, under oath, that my circumstances are as follows:
3. I fathered a child, born January 20, 2017, named VINCE RHEILY, after an affair that I had with CHERRY MAGUNDAYAO; I have subsequently stopped my affair in February 2017 and have communicated that fact to my wife Rachell;
4. In my heart, I cannot just abandon Cherry Magundayao’ son whom I have stood as a father. In order to prove my sincerity, I acknowledged CHED EZEKIEL in accordance with the Philippine law; I intend to support him together with my non-accompanying child.
5. I failed to declare and include the said children in my application for immigration to Canada as I was not sure how my wife Rachell would take it;
6. I sincerely apologize for my error to whomsoever I might have offended, especially my wife and family;
I have attached herewith, to form part of this declaration, copies of the following documents:
7. Birth Certificate of my son VINCE RHEILEY
8. Baptismal Certificate of my same son VINCE RHEILEY
9. Birth Certificate of my acknowledged son CHED EZEKIEL
10. Baptismal Certificate of my same acknowledge son CHED EZEKIEL
11. Canadian Visa # 00000xxxxxxxx
12. Amended Form Imm 0008
13. Additional Family Info Form Imm 5406
I declare this with the intention of clarifying that I have non-accompanying dependant who is a minor and that I am declaring fully, for all intents and purposes, all of these to form part of my immigration record.
Vic
Declarant /Affiant
A affidavit will not help because you have committed misrepresentation by not declaring your marriage breakdown which you claim that you pretended with your wife that you are still married. If i was the VO, i would start questioning why didn't you declare your martial status first before moving on to why you didn't declare your 2 children.
IRCC would probably want to interview you and your wife as well to determine whether misrepresentation has occurred.
Hi, I have a query regarding VISA refusal! During my study in the UK, my application for extension of study permit has been refused by UK home office due to insufficient fund (don't have that paper now) in 2009 but when I took this matter to UK court, the court granted the visa and overruled the decision of UK home office.
Now I am working in Canada with the work permit and extended 3 times without mentioning that matter in my application.
Also, during the extension of my work permit in Canada, once it was refused due to wrong LIMA number provided by my employer. But I have never mentioned that in my work permit extension application afterwards!
Do you think I should mention those both issues or matters in my PR application?
Now I am working in Canada with the work permit and extended 3 times without mentioning that matter in my application.
Also, during the extension of my work permit in Canada, once it was refused due to wrong LIMA number provided by my employer. But I have never mentioned that in my work permit extension application afterwards!
Do you think I should mention those both issues or matters in my PR application?
Yes, you must declare this refusal even before you apply for your PR. You must mention that you misunderstood the question about visa refusals + you are declaring this information on your own without a request from IRCC.
The fact that the UK court overturned the refusal for the student visa extension will help. Do scan/email all relevant documents to IRCC. If you have visited the UK after the refusal was overturned then include a scan of that UK visa + passport stamps
Thank you so much for your reply. I have already got ITA without mentioning those two issues. But I will write it down in Personal history sections. Unfortunately, I don't have those papers or documents to highlight that matter. Also, once you are in the UK you will get the resident card instead of getting the stamp on passport! I will check my old documents whether do I get those documents or not!
Now my main concern if I mention that in my personal history, will it affect my PR application decision? Because I didn't mention that during the extension of work permit three times!
Please help!
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