After a few calls to lawyers and a lot of reading this falls under the simple line of was this a relevant or material thing that I did.
Everything an EE applicants does is relevant, but a material fact is defined:
All material factors will be relevant. However, what is relevant may not always prove to be material:
- information requested from applicants will be considered relevant; otherwise this information would not be requested;
- this relevant information will not always affect the process undertaken by an officer or the final decision. Only when it affects the process undertaken or the final decision does it become material.
Misrepresentation is defined when someone withholds a material fact.
In my case, what i did was relevant and had I received my ITA in December, It could be argued that I affected the ITA process as I may have been invited as a CEC, and in changing my end date I would have materially affected the process. (Even though i would not have been eligible, but the right course would have been to decline a CEC ITA).
However, as I was invited in January this change would not have affected the process of getting a FSW ita as that was the only stream I was eligible for on January 4th.
Although I did create a mess for myself and I have yet to see how this might impact me (getting a request for more info etc) the officer will hopefully at A11.2 (eligibility) see that the change I made did not affect my eligibility to be invited under FSW or any other stream. If they see the change and want to query it, everyone i have spoken to said that it's not something they could get me on, even with a bad explanation.
Anyway, it's important that people are aware that innocent mistakes or changes may be made with the best intentions, but if they affect how the process is done or affects an outcome, THAT'S why and how it becomes misrepresentation.
So, although I made a mess, if the officer does not see the above, it *should* be something that I can explain legitimately.
Hope this helps someone querying misrepresentation. I'll post again if anything changes.