Family Information Form and LGBT Issue

[roastedpeanuts]

Hello,
I am faced with an issue that I’m hoping I could get answers to.

I have applied for permanent residency through Express Entry with my husband and I will be moving to Canada soon.

My parents who want to visit me will need to apply for a tourist visa. However, due to the fact that we are from somewhere where LGBT marriage is really frowned upon and my parents do not know about my marriage.

Since a tourist visa requires a family information form filled by my parents, they would declare me as single.

What would happen in this case? Would IRCC take our background into consideration and ignore this issue?

Has anyone faced a similar scenario?

Thank you,

 

[21Goose]

I assume your parents will only come to visit you after you get your PR.

If that's true, then their declaration on the visa form will not affect your status in Canada.

 

[roastedpeanuts]

I assume your parents will only come to visit you after you get your PR.

If that's true, then their declaration on the visa form will not affect your status in Canada.

Yes that’s true, but would they risk misrepresentation themselves?

 

[21Goose]

Yes that’s true, but would they risk misrepresentation themselves?

Not really. It's not a "material fact" - as in, your being married or not is not really a determining factor in giving them a visa. They will get a visa (or not), based on material facts such as their own assets, employment etc. etc.

It's not good to not be accurate on the form, but it's not like they are deliberately lying to get an advantage or hide something that would affect their visa.

At some point I assume they will come to know that you are married, and any subsequent forms should be correctly filled out. Alternatively, if they never know.. well, they can keep saying you're single. Doesn't really matter to IRCC.

 

[roastedpeanuts]

Not really. It's not a "material fact" - as in, your being married or not is not really a determining factor in giving them a visa. They will get a visa (or not), based on material facts such as their own assets, employment etc. etc.

It's not good to not be accurate on the form, but it's not like they are deliberately lying to get an advantage or hide something that would affect their visa.

Thanks! Thats great to hear really.
Do you think it would be useful to send a letter to ircc explaining, after they apply or better leave it like this

 

[21Goose]

Thanks! Thats great to hear really.
Do you think it would be useful to send a letter to ircc explaining, after they apply or better leave it like this

Best to leave it. If you are really trying to hide this from your parents, you don't want IRCC contacting them (which they could, to verify things - it is their application, after all). You don't want to add unnecessary complications.

Look at this way - you're certainly not the first person to not tell your parents about getting married (LGBT or not). That doesn't mean that your parents will be banned from Canada.

 

[roastedpeanuts]

Best to leave it. If you are really trying to hide this from your parents, you don't want IRCC contacting them (which they could, to verify things - it is their application, after all). You don't want to add unnecessary complications.

Look at this way - you're certainly not the first person to not tell your parents about getting married (LGBT or not). That doesn't mean that your parents will be banned from Canada.

This is such a relief. Thank you!

 

[roastedpeanuts]

Best to leave it. If you are really trying to hide this from your parents, you don't want IRCC contacting them (which they could, to verify things - it is their application, after all). You don't want to add unnecessary complications.

Look at this way - you're certainly not the first person to not tell your parents about getting married (LGBT or not). That doesn't mean that your parents will be banned from Canada.

I'm still a bit stressed about this.. Do you really think it is not material facts for their application? Since I would be a PR and having invited my parents with a letter, it is very easy for IRCC to know that this info was not put correctly by them. Do you think they would realize that I could have simply not told them? Assess the situation based on clear facts and signs that it is not easy for me to tell them in this case?

 

[roastedpeanuts]

@legalfalcon I would really appreciate to have your view on this matter as well

 

[legalfalcon]

@legalfalcon I would really appreciate to have your view on this matter as well

In the family information from, which is being filled in by your parents, they do not have to declare your marital stats, i.e. they can leave it blank. Even if they enter it as single, you do not need to worry, as it is not your application, and your parents and this does not constitute misrepresentation.

Alternatively, you can fill up their form and apply online on their behalf and use the IMM 5476. You can even your your own MyCIC account to file their application.

 

[roastedpeanuts]

In the family information from, which is being filled in by your parents, they do not have to declare your marital stats, i.e. they can leave it blank. Even if they enter it as single, you do not need to worry, as it is not your application, and your parents and this does not constitute misrepresentation.

Alternatively, you can fill up their form and apply online on their behalf and use the IMM 5476. You can even your your own MyCIC account to file their application.

Thank you!

I was thinking about filling the applications myself however, I am a bit scared of putting information on their behalf that they are not aware of. If by any chance they get asked at the border or anything of that kind, I would prefer IRCC knowing that I haven’t told them vs. them knowing I have filled the form with information my parents are not aware of, or is that not how it works?

If them putting me as single in their tourist visa application would not constitute as misrepresentation for them, I would rather have that.

What do you think?

Thanks again, your advice is invaluable.

 

[legalfalcon]

Thank you!

I was thinking about filling the applications myself however, I am a bit scared of putting information on their behalf that they are not aware of. If by any chance they get asked at the border or anything of that kind, I would prefer IRCC knowing that I haven’t told them vs. them knowing I have filled the form with information my parents are not aware of, or is that not how it works?

If them putting me as single in their tourist visa application would not constitute as misrepresentation for them, I would rather have that.

What do you think?

Thanks again, your advice is invaluable.

You need to understand what misrepresentation is.

40 (1) A permanent resident or a foreign national is inadmissible for misrepresentation

• (a) for directly or indirectly misrepresenting or withholding material facts relating to a relevant matter that induces or could induce an error in the administration of this Act;
  
  
• (b) for being or having been sponsored by a person who is determined to be inadmissible for misrepresentation;
  
  
• (c) on a final determination to vacate a decision to allow their claim for refugee protection or application for protection; or
  
  
• (d) on ceasing to be a citizen under
  • Citizenship Act, as it read immediately before the coming into force of section 8 of the Strengthening Canadian Citizenship Act, in the circumstances set out in subsection 10(2) of the Citizenship Act, as it read immediately before that coming into force,
    
    
  • Citizenship Act, in the circumstances set out in section 10.2 of that Act, or
    
    
  • Citizenship Act, in the circumstances set out in section 10.2 of that Act.
    

The section above clearly states, "material facts." Whether the host a visit is visiting is married or not, is immaterial for the purpose of processing and deciding the application.

Although, you should answer truthfully, but your marital status will not make a different. However, if the visa requested is super visa, wherein you have to show your POF and dependents, that is where your marital status will become material.

If you have any further doubts, you should consult a lawyer.

 

[roastedpeanuts]

You need to understand what misrepresentation is.

40 (1) A permanent resident or a foreign national is inadmissible for misrepresentation

• (a) for directly or indirectly misrepresenting or withholding material facts relating to a relevant matter that induces or could induce an error in the administration of this Act;
  
  
• (b) for being or having been sponsored by a person who is determined to be inadmissible for misrepresentation;
  
  
• (c) on a final determination to vacate a decision to allow their claim for refugee protection or application for protection; or
  
  
• (d) on ceasing to be a citizen under
  • Citizenship Act, as it read immediately before the coming into force of section 8 of the Strengthening Canadian Citizenship Act, in the circumstances set out in subsection 10(2) of the Citizenship Act, as it read immediately before that coming into force,
    
    
  • Citizenship Act, in the circumstances set out in section 10.2 of that Act, or
    
    
  • Citizenship Act, in the circumstances set out in section 10.2 of that Act.

The section above clearly states, "material facts." Whether the host a visit is visiting is married or not, is immaterial for the purpose of processing and deciding the application.

Although, you should answer truthfully, but your marital status will not make a different. However, if the visa requested is super visa, wherein you have to show your POF and dependents, that is where your marital status will become material.

If you have any further doubts, you should consult a lawyer.

Thank you so much for your clarification.

Since it is not material, when time is due I will either have them fill it to the best of their knowledge or I’ll have them sign the form and fill the application from my account and declare my status as is. I can finally rest my mind now