Hi everyone. Long story short, my boyfriend was planning on coming to Canada, getting married and applying inland for a spousal sponsorship. He came in July of 2018 for two weeks and stated "no" to criminal history. In anticipation of the visa, we applied for the police check, which came back with results. 99% of what is listed is while he was a minor and cautions/warnings - the most of which he forgot he ever had. He received the following letter today in regards to his new eTA listing criminal history:
This refers to your application for an Electronic Travel Authorization.
Your application and all of the information you submitted in support of it have been reviewed and it appears that you may not meet the requirements for travel to Canada.
Subsection 11(1) of the Immigration and Refugee Protection Act (IRPA) provides that a foreign national must, before entering Canada, apply to an officer for a visa or any other document required by the Immigration and Refugee Protection Regulations. The visa or document shall be issued if, following an examination, the officer is satisfied that the foreign national is not inadmissible and meets the requirements of the Act.
I have concerns that you have not fulfilled the requirement put upon you by subsection 16(1) of the Immigration and Refugee Protection Act which states:
16(1) A person who makes an application must answer truthfully all questions put to them for the purpose of the examination and must produce a visa and all relevant evidence and documents that the officer reasonable requires.
Specifically, I have concerns the information you have provided in support of your application is fraudulent as you responded “No” to the statutory question:
- Have you ever committed, been arrested for, been charged with or convicted of any criminal offence in any country?
You have now applied for another eTA one year later and declared criminal offences. Please explain why this was not declared in your initial eTA application.
Please note that if it is found that you have engaged in misrepresentation in submitting your application for an Electronic Travel Authorization, you may be found to be inadmissible under section 40(1)(a) of the Immigration and Refugee Protection Act. A finding of such
inadmissibility would render you inadmissible to Canada for a period of five years according to section 40(2)(a):
40(1) A permanent resident or a foreign national is inadmissible for misrepresentation
(a) 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
40(2) The following provisions govern subsection (1):
(a) the permanent resident or the foreign national continues to be inadmissible for misrepresentation for a period of five years following, in the case of a determination outside Canada, a final determination of inadmissibility under subsection (1) or, in the case of determination in Canada, the date the removal order is enforced.
I would like to provide you with the opportunity to respond to this information. You will have 10 days from the date of this letter to submit additional information in this regard.
How do we go about wording this? "I forgot" is not a legitimate excuse and we know this. Does anyone have any experience with this? Should we get a lawyer?
Thank you for your time.
This refers to your application for an Electronic Travel Authorization.
Your application and all of the information you submitted in support of it have been reviewed and it appears that you may not meet the requirements for travel to Canada.
Subsection 11(1) of the Immigration and Refugee Protection Act (IRPA) provides that a foreign national must, before entering Canada, apply to an officer for a visa or any other document required by the Immigration and Refugee Protection Regulations. The visa or document shall be issued if, following an examination, the officer is satisfied that the foreign national is not inadmissible and meets the requirements of the Act.
I have concerns that you have not fulfilled the requirement put upon you by subsection 16(1) of the Immigration and Refugee Protection Act which states:
16(1) A person who makes an application must answer truthfully all questions put to them for the purpose of the examination and must produce a visa and all relevant evidence and documents that the officer reasonable requires.
Specifically, I have concerns the information you have provided in support of your application is fraudulent as you responded “No” to the statutory question:
- Have you ever committed, been arrested for, been charged with or convicted of any criminal offence in any country?
You have now applied for another eTA one year later and declared criminal offences. Please explain why this was not declared in your initial eTA application.
Please note that if it is found that you have engaged in misrepresentation in submitting your application for an Electronic Travel Authorization, you may be found to be inadmissible under section 40(1)(a) of the Immigration and Refugee Protection Act. A finding of such
inadmissibility would render you inadmissible to Canada for a period of five years according to section 40(2)(a):
40(1) A permanent resident or a foreign national is inadmissible for misrepresentation
(a) 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
40(2) The following provisions govern subsection (1):
(a) the permanent resident or the foreign national continues to be inadmissible for misrepresentation for a period of five years following, in the case of a determination outside Canada, a final determination of inadmissibility under subsection (1) or, in the case of determination in Canada, the date the removal order is enforced.
I would like to provide you with the opportunity to respond to this information. You will have 10 days from the date of this letter to submit additional information in this regard.
How do we go about wording this? "I forgot" is not a legitimate excuse and we know this. Does anyone have any experience with this? Should we get a lawyer?
Thank you for your time.