My brother was misguided

[Breeze00]

Can we all not make this about who is wrong or right, clearly the poster has a lot going on, this post isn't for argument, it's to enlighten the poster and you all have contributed as much as you can. This process is stressful enough, let's not add to poster's stress. We all know how hard it is to go through this. Everyone want a better life and at the end of the day, it is what it is. All the best to poster.

 

[scylla]

This is impossible. Canada calls banks, siblings, former girlfriends and even your pizza delivery guy. They know everything about you and there is no way your brother could have omitted you in his application, right Mrs. scylla?

This is different. It's not material. No impact.

 

[legalfalcon]

Family is considered when evaluating home country ties.

Lying in an immigration application can lead to being banned. While you may think it is immaterial, IRCC may not.

It is quite common for applicants to submit an SOP in their study permit app and give reasons why they will return to Canada.

The threshold isn't high and doesn't really require substantiation beyond the VO's interpretation, hence the innumerable refusals, even for apps that are quite strong.

You can make as many assumptions as you would like, I have stated the law, and the case law is available on CanLii for you to research.

 

[SGI]

I truly value everybody's sage advice here. It gives me a perspective. I will not lie in my application and that's certain. Many many thanks for taking out time to respond to my query.

Due regards

 

[Rai1234]

It is not. Read s40 of IRPA, and the accompanying cases decided by federal courts. Only facts "material" to the application if concealed or omitted amounts to misrepresentation. The reason why PR applications and student visa applications ask for family members is not to know about the intent to immigrate or to evaluate ties to home country, rather to find if any of the family members are inadmissible and for security screening. At a later date when the applicant files his application for PR, or another family member files his / her application for PR, the entry of siblings and parents helps IRCC identify the family tree. If any member of the family is inadmissible, then the entire family is inadmissible (for PR).

@navinball When you claim that many applications in India are rejected because of this, can you show me the law, regulations or even a GCMS note which states that a person who is applying for a study permit and already has a relative in Canada amounts to his intention to immigrate and therefore has no family ties? On the contrary is your have a family member in Canada it supports your application as the person applicant can show financial support from the relative.

@canuck_in_uk since when did IRCC ask for SOP as a part of the study permit application? And even if an applicant writes something in SOP, it is not legally binding.

The issue here is about the person whose brother did not mention him in his study permit. This omission in no way impacts @SGI 's application. And even when his brother applies, it will not be misrepresentation. inadmissibility for misrepresentation is "for directly or indirectly misrepresenting or withholding material facts relating to a relevant matter that induces or could induce an error in the administration of this Act"

So do you suggest that the brother fills out the complete family information form (including the names of all 4 of his sisters) at the time of filing his PR? Do you think he will need to do something specific? @legalfalcon @scylla

 

[Raz0r]

So do you suggest that the brother fills out the complete family information form (including the names of all 4 of his sisters) at the time of filing his PR? Do you think he will need to do something specific? @legalfalcon @scylla

Provide all the legitimate details in your application, any sort of concealment that can lead to misrepresentation will have adverse effects. No matter how people want to sugar-coat or not, you will face the consequence sooner or later. So better be safe and do not regret in future. Good luck.

 

[harnav sra]

HI

He wasn't "misguided". He made the decision to commit misrepresentation.

It is unlikely that anything will come of it from your application. His problem will be if he submits a PR application. Either he continues the lie and risks being caught and banned from Canada or he admits his fraud and risks being refused and banned.

Very true. In post ITA form the will ask his name ,dob nd country of residence.they don't even ask whether he works or study U don't need to worry .

 

[Rai1234]

So do you think that the error in the past can be rectified without any major repercussions?

Thank you for your time.

 

[Raz0r]

So do you think that the error in the past can be rectified without any major repercussions?

Thank you for your time.

No one can say for sure. Best path is for you to be honest in your application and hope for the best. Good luck.

 

[Nim786]

No one can say for sure. Best path is for you to be honest in your application and hope for the best. Good luck.

You can make as many assumptions as you would like, I have stated the law, and the case law is available on CanLii for you to research.

Hy I am applying for study permit
My profile
Ielts : overall 6.5 L and R 7 W&S 6
SSC : 77.09
HSC : 70.77
Bachelor of commerce( Accounting & finance ) overall A grade with no backlogs in any sem completion in May,2018
Result declared on Aug,2018 end
Ielts given on 5th jan,19
Applied for financial planning and wealth management lambton college
For september intake,2019
No workexperience because i started with my ielts preparation
I have 2 qurries that I have a brother in canada who is now a permanent resisdent will it affect my study permit application ?
He had disclose me in his application he immigrated 5 years ago and he became a PR holder in 2018
Because I am gonna disclose him in my family application and in SOP i will mention him has permanent resident.
Although fees is paid by him within the canada but i am gonna show the sponsors my parents will it be fine?

 

[derock607]

Hi

My brother went to Canada on student visa , he graduates by the end of next year. I am in India and eligible for PR under Express Entry Program. My CRS score is pretty decent but I found out that my brother didn't write my name in family form back in 2015 while applying for study visa. He was misguided by a consultant and to get his visa, he took the chance. Now I am in a great fix as I have/want to show his name and other siblings names in my PR form. Will it have a negative impact on my brother, if it will, then, I get discouraged from applying for the PR.
Has anybody come across a similar case? Could someone please help with a sound advice ?

Thank you

Regards

Hello @SGI, so how did you resolve this issue? My roommate has a similar issue.... but in his case, he is trying to apply for PR.
He just told me about it today after noticing he has not been eating well for some day now.
I told him to contact a lawyer but I was also doing some research for him when I came across this post.
Please, someone help!

Thanks in advance.

 

[Imm007CA]

The bottom line is, don't misrepresent, don't lie, don't deceive, ect ect. When it comes to Canadian Immigration, you are breaking Canadian law if you do lie/misrepresent.

Recently, the Immigration and Refugee Board (IRB) squashed a woman's appeal to an exclusion order. She didn't mention her sister in a spousal sponsorship application, namely part of her PR app. The sister who she didn't mention, made a refugee claim. Some 3rd party tipped IRCC about the misrepresentation. End result deportation.

You can read the decision here:
https://www.canlii.org/en/ca/irb/doc/2018/2018canlii129883/2018canlii129883.html?searchUrlHash=AAAAAQAWTWlzcmVwcmVzZW50ZWQgc2libGluZwAAAAAB&resultIndex=19

Lesson is, don't lie and double check you're telling the truth.

 

[Yaha14]

It is not. Read s40 of IRPA, and the accompanying cases decided by federal courts. Only facts "material" to the application if concealed or omitted amounts to misrepresentation. The reason why PR applications and student visa applications ask for family members is not to know about the intent to immigrate or to evaluate ties to home country, rather to find if any of the family members are inadmissible and for security screening. At a later date when the applicant files his application for PR, or another family member files his / her application for PR, the entry of siblings and parents helps IRCC identify the family tree. If any member of the family is inadmissible, then the entire family is inadmissible (for PR).

@navinball When you claim that many applications in India are rejected because of this, can you show me the law, regulations or even a GCMS note which states that a person who is applying for a study permit and already has a relative in Canada amounts to his intention to immigrate and therefore has no family ties? On the contrary is your have a family member in Canada it supports your application as the person applicant can show financial support from the relative.

@canuck_in_uk since when did IRCC ask for SOP as a part of the study permit application? And even if an applicant writes something in SOP, it is not legally binding.

The issue here is about the person whose brother did not mention him in his study permit. This omission in no way impacts @SGI 's application. And even when his brother applies, it will not be misrepresentation. inadmissibility for misrepresentation is "for directly or indirectly misrepresenting or withholding material facts relating to a relevant matter that induces or could induce an error in the administration of this Act"

So if someone has an Inadmissible brother they can’t immigrate?

 

[legalfalcon]

So if someone has an Inadmissible brother they can’t immigrate?

If you re applying for PR for your family, i.e. you, your spouse and children, your brother's inadmissibility does not matter. However, you will not be able to sponsor your brother in the future, until his inadmissibility moved.

 

[Yaha14]

If you re applying for PR for your family, i.e. you, your spouse and children, your brother's inadmissibility does not matter. However, you will not be able to sponsor your brother in the future, until his inadmissibility moved.

Thank you for reply!

Can you please answer for one more question?

In EE they ask 3 questions related to immediate family members:
-Country/territory of birth
-Country of residence(They have a note under this question - The person must be in this country legally).
-City of residence.

My brother was in Europe for many years and I have no idea what is his immigration status(I assume he just there illegally with no status).

What shall I write under Country and City of residence for him? Can I just write Russia (country of his nationality)??? He has a house, car in Russia etc and probably return eventually to continue living there. All of the official things are under this undress in Russia.

He isn’t going to talk to talk about me and share what he is doing and his immigration status in Europe. So it is a tricky question for me.

Please advise!