Does Canada and South African share info?

[Enibokun]

I applied for a visitors visa and failed to mention I had been refused a South African visa before because I appealed the refusal and the visa was eventually reinstated. I also was a victim of visa scam in South Africa and was arrested for it but after proving my innocence , the state withdrew all charges. I selected No to the question asking if ever been charged and I’m scared that I might have misrepresented. My Canada visitor visa application status show background check in progress and they’ve not started checking for eligibility. What can I do to avoid a ban?

 

[moscatojuices]

I applied for a visitors visa and failed to mention I had been refused a South African visa before because I appealed the refusal and the visa was eventually reinstated. I also was a victim of visa scam in South Africa and was arrested for it but after proving my innocence , the state withdrew all charges. I selected No to the question asking if ever been charged and I’m scared that I might have misrepresented. My Canada visitor visa application status show background check in progress and they’ve not started checking for eligibility. What can I do to avoid a ban?

IMM 5257:

Q3a - "Have you ever committed, been arrested for, been charged with or convicted of any criminal offence in any country or territory?

Short answer, yes you should have disclosed it. Yes you did misrepresent. Despite not having been convicted, IRCC clearly wanted to know if you were charged with a crime.

In Q3b, it asks you to provide an explanation. You could have literally told IRCC what you just told us. It would have been fine. Hiding stuff is misrepresentation.

Your could withdraw the application, however, it could be the case the data from your old application is still retained in the system (maybe others would know). But by the time you withdraw, they may start processing it. It takes ages to even get a response for a withdrawal request.

But I don't think Canada and South Africa share data. That's not to say they couldn't, but Canada mainly shares data with its "five eyes" partners being USA, UK, Australia & NZ.

You may be lucky but you've definitely taken a gamble and if you were to apply for PR in Canada in future, this would jeopardize your application.

 

[Enibokun]

IMM 5257:

Q3a - "Have you ever committed, been arrested for, been charged with or convicted of any criminal offence in any country or territory?

Short answer, yes you should have disclosed it. Yes you did misrepresent. Despite not having been convicted, IRCC clearly wanted to know if you were charged with a crime.

In Q3b, it asks you to provide an explanation. You could have literally told IRCC what you just told us. It would have been fine. Hiding stuff is misrepresentation.

Your could withdraw the application, however, it could be the case the data from your old application is still retained in the system (maybe others would know). But by the time you withdraw, they may start processing it. It takes ages to even get a response for a withdrawal request.

But I don't think Canada and South Africa share data. That's not to say they couldn't, but Canada mainly shares data with its "five eyes" partners being USA, UK, Australia & NZ.

You may be lucky but you've definitely taken a gamble and if you were to apply for PR in Canada in future, this would jeopardize your application.

How can I fix this? Any pointers?

 

[moscatojuices]

How can I fix this? Any pointers?

So firstly, what is the purpose of your visit to Canada? Let's establish that and go from there.

 

[Enibokun]

How can I fix this? Any pointers?

I want to visit my spouse , he lives in BC and just got nominated to Apply for PR and he has me in his application as accompanying spouse.

 

[Enibokun]

I really need to fix this because I wouid not able to live with myself if my blunder cost him his PR.

 

[moscatojuices]

I want to visit my spouse , he lives in BC and just got nominated to Apply for PR and he has me in his application as accompanying spouse.

I see where this is going, and the idea would be that he would eventually sponsor you to live in BC because South Africa is not a good/safe place to live (my street are full of South Africans and never want to go back), and then what you've done here with this visa application will potentially land you into trouble now or potentially in the future and adversely impact your relationship/life.

Going to have to tag @scylla for this one. Anything this person could do? I'm sure she means well but made a serious error in judgement. My suggestion would be to withdraw the application and reapply.

I really need to fix this because I wouid not able to live with myself if my blunder cost him his PR.

Why would it cost him PR? Has he put his name on, or signed anything?

 

[Enibokun]

I really need to fix this because I wouid not able to live with myself if my blunder cost him his PR.

I see where this is going, and the idea would be that he would eventually sponsor you to live in BC because South Africa is not a good/safe place to live (my street are full of South Africans and never want to go back), and then what you've done here with this visa application will potentially land you into trouble now or potentially in the future and adversely impact your relationship/life.

Going to have to tag @scylla for this one. Anything this person could do? I'm sure she means well but made a serious error in judgement. My suggestion would be to withdraw the application and reapply.



Why would it cost him PR? Has he put his name on, or signed anything?

No he has not signed anything yet but he filled in my details for the BCPNP that he got nominated for as accompanying spouse and we’ve been told to apply for PR. He even got a work permit support letter.

 

[scylla]

I applied for a visitors visa and failed to mention I had been refused a South African visa before because I appealed the refusal and the visa was eventually reinstated. I also was a victim of visa scam in South Africa and was arrested for it but after proving my innocence , the state withdrew all charges. I selected No to the question asking if ever been charged and I’m scared that I might have misrepresented. My Canada visitor visa application status show background check in progress and they’ve not started checking for eligibility. What can I do to avoid a ban?

You knowingly committed two misrepresentations in your applications. If one or both of these misrepresentations are discovered, you could end up with a 5 year misrepresentation ban which would create big problems for the PR application.

If I were in your shoes, I would immediately submit a webform to correct both misrepresentations and then also submit a request to withdraw the application.

But your life of course.

 

[moscatojuices]

I really need to fix this because I wouid not able to live with myself if my blunder cost him his PR.

No he has not signed anything yet but he filled in my details for the BCPNP that he got nominated for as accompanying spouse and we’ve been told to apply for PR. He even got a work permit support letter.

I'm not sure what exact details BCPNP asks for, but during the application was disclosure of your personal history required (i.e. were you asked the same question which is now causing trouble?). Did he already apply to IRCC for PR with the nomination letter?

 

[Enibokun]

You knowingly committed two misrepresentations in your applications. If one or both of these misrepresentations are discovered, you could end up with a 5 year misrepresentation ban which would create big problems for the PR application.

If I were in your shoes, I would immediately submit a webform to correct both misrepresentations and then also submit a request to withdraw the application.

But your life of course.

Thank you for your help

 

[Enibokun]

I'm not sure what exact details BCPNP asks for, but during the application was disclosure of your personal history required (i.e. were you asked the same question which is now causing trouble?). Did he already apply to IRCC for PR with the nomination letter?

No he has not submitted his application for PR to IRCC yet.

 

[Enibokun]

I'm not sure what exact details BCPNP asks for, but during the application was disclosure of your personal history required (i.e. were you asked the same question which is now causing trouble?). Did he already apply to IRCC for PR with the nomination letter?

I submitted the application exactly two months ago. Is it too late to withdraw and correct the error?

 

[moscatojuices]

No he has not submitted his application for PR to IRCC yet.

Right, I wouldn't submit the PR application until this situation is sorted. There is a risk he becomes ensnared in your mistake.

Hold off on the PR application and try to fix this mess you've created with your visitor visa. Follow syclla's advice.

In future, you're welcome to ask us if you need help with questions like this. I wish you had checked. We'll always tell you that there is no point hiding anything from the Canadian government, and they would rather you be honest with them and admit to any wrongdoings, because if they have to find out themselves that you were hiding stuff, that's where the immigration system deals out its fury via inadmissibility bans.

 

[Enibokun]

Right, I wouldn't submit the PR application until this situation is sorted. There is a risk he becomes ensnared in your mistake.

Hold off on the PR application and try to fix this mess you've created with your visitor visa. Follow syclla's advice.

In future, you're welcome to ask us if you need help with questions like this. I wish you had checked. We'll always tell you that there is no point hiding anything from the Canadian government, and they would rather you be honest with them and admit to any wrongdoings, because if they have to find out themselves that you were hiding stuff, that's where the immigration system deals out its fury via inadmissibility bans.

Thank you so much , I’ll start on the web form.