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Misrepresentation+5 Years inadmissibility

Buletruck

VIP Member
May 18, 2015
6,867
2,701
Did you mention any of the previous rejections? Continuing to lie will catch up to you at some point, including if you are a PR or citizen and can result in revocation of both. There is no statute of limitation for misrepresentation. Best to inform them and hope for the best.
 

ranetX

Newbie
Jun 20, 2020
6
0
Did you mention any of the previous rejections? Continuing to lie will catch up to you at some point, including if you are a PR or citizen and can result in revocation of both. There is no statute of limitation for misrepresentation. Best to inform them and hope for the best.
Should I consult an immigration lawyer for this would they help me in any way?
 

ranetX

Newbie
Jun 20, 2020
6
0
Did you mention any of the previous rejections? Continuing to lie will catch up to you at some point, including if you are a PR or citizen and can result in revocation of both. There is no statute of limitation for misrepresentation. Best to inform them and hope for the best.
No I did not mention any of the information regarding that I just said no and left it blank
 

scylla

VIP Member
Jun 8, 2010
95,669
21,987
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
So if I say yes and provide details about my US refusals would it help
PS: " actually I had 5 refusals" that was the reason why I didn't mention about it"
If you had 5 refusals and failed to mention them, I would strongly recommend you consult a very good immigration lawyer. A lawyer cannot magically fix this problem but can hopefully advise you on the best course of action.

If you ever plan on applying for PR, you'll definitely need to mention the 5 refusals or you'll end up with a misrepresentation finding and a ban.

Five refusals is a lot to fail to mention. Get legal advice.
 

ranetX

Newbie
Jun 20, 2020
6
0
If you had 5 refusals and failed to mention them, I would strongly recommend you consult a very good immigration lawyer. A lawyer cannot magically fix this problem but can hopefully advise you on the best course of action.

If you ever plan on applying for PR, you'll definitely need to mention the 5 refusals or you'll end up with a misrepresentation finding and a ban.

Five refusals is a lot to fail to mention. Get legal advice.
Ya I'll do that thank you
 

21Goose

VIP Member
Nov 10, 2016
5,246
1,615
AOR Received.
Feb 2017
In one thread I also read that misrepresentation abroad or at the point of entry can only be considered for current application only, is that true?
No, this is not true. Misrepresentation can affect any and all future applications.

So they said we will receive passport request again and we received it on mid January 2019 and we received the passport back with visa and correspondence letter that it’s approved on Jan 30 2019, the visa date on passport is Dec 03, 2018. The problem is we applied for spousal open work permit based on my open work permit and I was working in NOC B but I quit my job on December 27, 2018 and we didn’t notify IRCC because we thought since it was approved on December 04 we don’t need to anymore
You quit your job in December, thereby making her ineligible for a work permit, but you didn't inform IRCC - and your permit was issued well after you quit. That's an issue.

What proof do you have that your permit was approved in December? Do you have a letter from your MP's office that states this?

What kind of work permit were you working on when you applied for her OWP? A PGWP?
 

21Goose

VIP Member
Nov 10, 2016
5,246
1,615
AOR Received.
Feb 2017
Yes I was working on PGWP and yes I have email from MP and the TRV on her passport says the validity from December 03
The TRV and the work permit are two different things. By not informing IRCC that you quit your job while your application was pending I believe you may have committed misrepresentation.

It doesn't matter that you thought it was approved - the fact is, the work permit says it was approved on Jan 30th, which means that an IRCC officer looked at your file sometime before Jan 30th, and approved it on the basis of you having a NOC 0,A,B job - which wasn't true. If you had informed them that you weren't working, they would have denied the OWP - hence it's withholding a material fact that caused an error in the administration of the Act.

In addition, when she landed, did the CBSA officer directly ask her about your job? If yes, and she didn't tell the truth, that's definitely misrepresentation. You can't claim that her English wasn't good enough etc - that kind of excuse won't work if they look into the matter.

Based on what you're telling us, I feel that yes, you did commit misrepresentation here, but let's wait and see what other people say.

You may want to talk to a immigration attorney as well. The details matter in a case like yours, and it's hard to give a concrete answer without knowing all the facts.
 

cutedolly

Full Member
Jul 4, 2020
26
3
urgent help please

Hello Everyone

Quick question

In year 2015 I was applied for visitors visa with Retail sales supervisor job title (Noc code 6211) 2013 to 2015 & it was rejected.

So now I applied for sinp paper based applications and in work experience I mention in the year of 2013 to 2015 Retail Merchandise (Noc code 6222). So it will make any negative impact or charge me misrepresentation on application.

My status as per gcms notes from last month

Eligibility : Passed
Criminality : Passed
Medical : Passed
Security : Not Started

Thanks in advance
 

21Goose

VIP Member
Nov 10, 2016
5,246
1,615
AOR Received.
Feb 2017
urgent help please

Hello Everyone

Quick question

In year 2015 I was applied for visitors visa with Retail sales supervisor job title (Noc code 6211) 2013 to 2015 & it was rejected.

So now I applied for sinp paper based applications and in work experience I mention in the year of 2013 to 2015 Retail Merchandise (Noc code 6222). So it will make any negative impact or charge me misrepresentation on application.

My status as per gcms notes from last month

Eligibility : Passed
Criminality : Passed
Medical : Passed
Security : Not Started

Thanks in advance
Did you work in Canada from 2013-2015, or was this job outside Canada?

If the job was outside Canada, then no, it won't be misrepresentation. I assume the 2015 application was simply for a visitor visa, so your NOC code really had nothing to do with that application.
 

cutedolly

Full Member
Jul 4, 2020
26
3
Did you work in Canada from 2013-2015, or was this job outside Canada?

If the job was outside Canada, then no, it won't be misrepresentation. I assume the 2015 application was simply for a visitor visa, so your NOC code really had nothing to do with that application.
It was in India not in Canada. I was applied for visitor visa for Canada from India.
 

21Goose

VIP Member
Nov 10, 2016
5,246
1,615
AOR Received.
Feb 2017
Thanks for your reply,

No the CBSA officer didn’t ask anything about my job , he only asked where she’s going and she answered it correctly. I agree that we didn’t inform them but they also didn’t follow proper procedures as they gave back our passport black without any information if I received the same visa and passport back with stamp on the first place She would be eligible, and they didn’t follow the procedure that’s why I had to go to MP. They said on the official website that we can give passport with application and they’ll give us back with stamp. The letter we received on Jan 30 only said that your application for work permit has been approved but it didn’t say when, so there might be a possibility that it was approved because they didn’t Issued TRV on her passport before so that letter wasn’t issued

My main question is what are the chances of getting PR? I have been truthful in my Pr application and mentioned all employment correctly.
Your chances may be good, but I assume that you're including your wife in the application, right? So they will look at the application as a whole, and if they feel you committed misrepresentation, they will ask you to explain.

If you are asked about it (and remember, you may not be), I would not recommend your current line of argument. You cannot say that you committed misrepresentation because they didn't follow procedures. That kind of argument is doomed to fail - whether they followed procedures or not, it doesn't somehow grant you a license to commit misrepresentation.

There's really nothing you can do about this now. Apply with a truthful application, and if it does so happen they ask you to explain something, talk to a lawyer and make an argument that carries weight. Don't try and apply a layman's understanding to something like this.

If they don't ask, then you'll be fine and you'll get your PR.