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Chances of being falsely accused of misrepresentation

flx2015

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I'm helping my wife apply for a TRV. After having looked through this forum, I see several cases where the applicant was rejected and given a 5 year ban for misrepresentation. What shocked me is that for some of those cases, the visa officer accused the applicant of misrepresentation for something that wasn't their fault, or for making a mistake while filling out the forms.

Example: http://www.canadavisa.com/canada-immigration-discussion-board/misrepresentation-t403428.0.html

Applying with fake documents or lying is one thing, but what are the chances of being given the 5 year ban for making an honest mistake? I'll be honest, I don't have much faith in the CIC and I could totally see them handing out 5 year bans to people for something as insignificant as a typo.
 

scylla

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Some honest mistakes (not all) can result in a misrepresentation ban of 5 years. For example, if you were refused a visa or refused entry into Canada or any other country and you answer "no" to this question in the application - this is misrepresentation and potentially subject to the 5 year ban. CIC obviously has no way of determining if this a typo or willful misrepresentation in an attempt to gain an immigration benefit - so it's treated as misrepresentation. It's extremely important to read and answer questions very carefully. By signing the application - the applicant agrees all information contained in the application is accurate. It is in fact the applicant's fault if any information is wrong.
 

Bryanna

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Hi,

Applicants must be honest. Honesty is non-negotiable for visa apps.

5-years ban for misrepresentation are given only after due scrutiny and investigations are done. Also, an applicant is given 30 days to prove that the visa officer is wrong.... before a decision/ban is given.

It could be genuine oversight/misunderstanding a question in the case of some applicants.


You'll be fine if you check/re-check your wife's TRV application to ensure there are no factual errors or typos.... before you sign/submit it


Cheers
 

Kazmemon

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I agree with both Scylla and Bryanna, one should be going over the forms very carefully, as i am one of those who did the same mistake for my Parents, though i did provide IRCC explanation but found out by ordering the ATIP notes that my explanation to misrepresentation was not even on file. i dont know what might have gone wrong with the systems but i dont see any correspondence information added to my file after providing the explanation/reasoning

Long story short to avoid any hassle please go through application form 2 or 3 times before submitting.

Lesson Learned: Do not Rush
 

flx2015

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Kazmemon said:
I agree with both Scylla and Bryanna, one should be going over the forms very carefully, as i am one of those who did the same mistake for my Parents, though i did provide IRCC explanation but found out by ordering the ATIP notes that my explanation to misrepresentation was not even on file. i dont know what might have gone wrong with the systems but i dont see any correspondence information added to my file after providing the explanation/reasoning

Long story short to avoid any hassle please go through application form 2 or 3 times before submitting.

Lesson Learned: Do not Rush
what was the mistake?
 

Kazmemon

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flx2015 said:
what was the mistake?
Refused 1st time, Submitting the application 2nd time, i just took prints and ask my Parents to sign in without reviewing it.

"if you were refused a visa or refused entry into Canada or any other country and you answer "no" to this question in the application" --
 

flx2015

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Kazmemon said:
Refused 1st time, Submitting the application 2nd time, i just took prints and ask my Parents to sign in without reviewing it.

"if you were refused a visa or refused entry into Canada or any other country and you answer "no" to this question in the application" --
sorry to hear that. :(
 

badpusacat

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July 2015
flx2015 said:
I'm helping my wife apply for a TRV. After having looked through this forum, I see several cases where the applicant was rejected and given a 5 year ban for misrepresentation. What shocked me is that for some of those cases, the visa officer accused the applicant of misrepresentation for something that wasn't their fault, or for making a mistake while filling out the forms.

Example: http://www.canadavisa.com/canada-immigration-discussion-board/misrepresentation-t403428.0.html

Applying with fake documents or lying is one thing, but what are the chances of being given the 5 year ban for making an honest mistake? I'll be honest, I don't have much faith in the CIC and I could totally see them handing out 5 year bans to people for something as insignificant as a typo.
Based on the link that you gave, CIC called two times and got the same answer: she used to work there. What can you expect? Of course, CIC will doubt her because she stated that she is currently employed there. CIC doubted her that's why an explanation was demanded. If she is telling the truth, it is so easy to prove employment.

I made a typo error in my PR application. I informed CIC online. It did not seem to be a big issue to them. I'm a PR now.

Do you think they don't expect any mistake from applicants?
 

scylla

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badpusacat said:
Based on the link that you gave, CIC called two times and got the same answer: she used to work there. What can you expect? Of course, CIC will doubt her because she stated that she is currently employed there. CIC doubted her that's why an explanation was demanded. If she is telling the truth, it is so easy to prove employment.
100% agreed. There's no issue with how CIC handled this situation.
 

flx2015

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scylla said:
100% agreed. There's no issue with how CIC handled this situation.
well, we never saw this person's TRV application or how they responded to the visa officer, and we also don't know the visa officer's side of the story. it's hard to tell who's in the wrong here and i'm not in a position to point fingers at anyone since i don't know the full story, but with all of that said, i still wouldn't rule out the CIC; their service standards are abysmal and i wouldn't be surprised to learn that they make mistakes and handle cases incorrectly from time to time.

https://www.thestar.com/news/immigration/2015/01/05/high_error_rate_found_in_canadas_immigration_processing.html
 
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PMM

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Hi


flx2015 said:
well, we never saw this person's TRV application or how they responded to the visa officer, and we also don't know the visa officer's side of the story. it's hard to tell who's in the wrong here and i'm not in a position to point fingers at anyone since i don't know the full story, but with all of that said, i still wouldn't rule out the CIC; their service standards are abysmal and i wouldn't be surprised to learn that they make mistakes and handle cases incorrectly from time to time.

https://www.thestar.com/news/immigration/2015/01/05/high_error_rate_found_in_canadas_immigration_processing.html
1. Think it through, she obviously claimed to be working on the application or why else why would the visa office phone the employer? If she was not working, then she lied on her application.
 

Bryanna

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As for the link which you had posted: http://www.canadavisa.com/canada-immigration-discussion-board/misrepresentation-t403428.0.html

That poster said she was working.... later when CIC issued a Procedural Fairness Letter, she said she had been working for only about a month.... and the field guy did not know her, etc. She also had a Spousal PR application in progress.

BTW that poster contacted me through PMs in end-May.... she said the misrepresentation had been removed in her case.... and she had been asked to submit a PCC for her PR application
 

flx2015

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Bryanna said:
As for the link which you had posted: http://www.canadavisa.com/canada-immigration-discussion-board/misrepresentation-t403428.0.html

That poster said she was working.... later when CIC issued a Procedural Fairness Letter, she said she had been working for only about a month.... and the field guy did not know her, etc. She also had a Spousal PR application in progress.

BTW that poster contacted me through PMs in end-May.... she said the misrepresentation had been removed in her case.... and she had been asked to submit a PCC for her PR application
so the field guy was right all along?

hopefully the poster doesn't mind me putting her in the spotlight here. im just trying to figure out how forgiving the visa officers can be in case of mistakes.
 

Bryanna

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flx2015 said:
so the field guy was right all along?

hopefully the poster doesn't mind me putting her in the spotlight here. im just trying to figure out how forgiving the visa officers can be in case of mistakes.
It would be incorrect to believe that visa officers are *forgiving* in cases of misrepresentation/mistakes.

We've seen a case where a WP guy (and his dependent family) were refused TRVs + 5-years ban + cancellation of their PR applications just because his employer's travel desk wrongly filled 'No' to the 'Have you been refused a visa previously' question. He tried very hard to convince CIC that it was a genuine mistake.

This guy was not allowed (obviously after a ban) to enter Canada to collect his household belongings. His infant son was suffering from some illness but he couldn't access doctor's reports, etc etc. Yet CIC did not overturn the ban.

This guy is now working in Scotland on a long-term ICT.

As for the OP in the link you posted.... I had advised her to submit a whole bunch of evidence to prove she was genuinely employed.... when she was issued a Procedural Fairness Letter. Guess that worked for her
 

flx2015

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Bryanna said:
It would be incorrect to believe that visa officers are *forgiving* in cases of misrepresentation/mistakes.

We've seen a case where a WP guy (and his dependent family) were refused TRVs + 5-years ban + cancellation of their PR applications just because his employer's travel desk wrongly filled 'No' to the 'Have you been refused a visa previously' question. He tried very hard to convince CIC that it was a genuine mistake.

This guy was not allowed (obviously after a ban) to enter Canada to collect his household belongings. His infant son was suffering from some illness but he couldn't access doctor's reports, etc etc. Yet CIC did not overturn the ban.

This guy is now working in Scotland on a long-term ICT.

As for the OP in the link you posted.... I had advised her to submit a whole bunch of evidence to prove she was genuinely employed.... when she was issued a Procedural Fairness Letter. Guess that worked for her
that is really sad.