Misrepresentation Admissibility Hearing HELP!!

[ajapeyk]

I am a PR sponsored by parent. During sponsorship, I was living with my boyfriend in his parents house, and we were unaware that this was considered a common law relationship because common law relationships are not recognized in my home country.

I married my boyfriend after immigrating to Canada and sponsored him to come to canada and we mentioned that we lived together in the past.

Because of this, a misrepresentation case was opened, stating that I was in a common law relationship and not eligible for sponsorship by a parent.

I have recently given birth in Canada to our first child (who is a Canadian citizen) and IRCC is aware of this.

I also received a letter stating that a Direction for a Hearing has been issued, and my file will be forwarded to CBSA.

I am also not in Canada right now, on vacation with our child. Will I be allowed to enter Canada with my child?

I asked a lawyer about this in the past, and she said not to worry because cases like this are rarely pursued. Is this true? Or should I be worried and start applying for a dual Citizenship or extension of stay for my child in case I am not allowed to enter Canada?

 

[Buletruck]

You’ll be allowed to enter. Whether you get to retain your PR will depend on whether they pursue the case. You’ll have the opportunity to appeal I believe if they do. Your lawyer may be correct, but immigration fraud is a serious offence and there have been cases reported where the PR status has been revoked.

 

[ajapeyk]

You’ll be allowed to enter. Whether you get to retain your PR will depend on whether they pursue the case. You’ll have the opportunity to appeal I believe if they do. Your lawyer may be correct, but immigration fraud is a serious offence and there have been cases reported where the PR status has been revoked.

Thank you very much!

 

[k.h.p.]

The fact that they're starting the procedures for a hearing means they are indeed pursuing it.

I wish you good luck.

 

[ajapeyk]

The fact that they're starting the procedures for a hearing means they are indeed pursuing it.

I wish you good luck.

Thank you but what would happen to my child if there is a negative outcome..? What will they do about the baby?

 

[Buletruck]

They won’t do anything with your child. The baby can go home with you. Your child can travel back as a citizen later.

 

[kanoon22]

They won’t do anything with your child. The baby can go home with you. Your child can travel back as a citizen later.

Hi @Buletruck , Can you please advise, I am in a similar situation.
I am living with my girlfriend from April 2016, however in pgwp application I and my common law declared ourselves as single as we were not aware of the concept. Now we are planning to apply for pr and we are afraid that if we declare now, it can be considered as misrepresentation that we did not declare common law on pgwp application. I will greatly appreciate your input as to what I should do.

Thanks much.

 

[k.h.p.]

Hi @Buletruck , Can you please advise, I am in a similar situation.
I am living with my girlfriend from April 2016, however in pgwp application I and my common law declared ourselves as single as we were not aware of the concept. Now we are planning to apply for pr and we are afraid that if we declare now, it can be considered as misrepresentation that we did not declare common law on pgwp application. I will greatly appreciate your input as to what I should do.

Thanks much.

Like I said in your other two threads, you can write a letter of explanation and you should be fine.

Misrepresentation also requires that the fact that was concealed or misrepresented be sufficient to change a visa officer's mind in their decision. That you were common-law at time of applying for your PGWP would not likely have changed the visa officer's opinion in deciding your PGWP.