My visa has been issued on May 2009 and since Jan 2009 I informed CIC of my region that I have a common law partner. They informed me that the filed is closed and to report amendment at the POE. I was very down since this might be a case of misrepresentation. I fell on this below which said that even a permanent visa has been issued this does not mean that this person has become permanent resident. Circumstances can change in his/her life. Changes in marital status, divorce, death and so on, all changes are done at POE before signing the landing documents.
Request ID
IRPA00000000847
Item
IP 02-5.31 Misrepresentation
Category
SELECTION: Social (H&C, Family Class, LCP, TRP)
Question
We have a Permanent Resident who landed as single with no dependants on 03 May 05, 2002- He has submitted a sponsorship on behalf of his spouse whom he married the day before his departure-02 May 2002.The foreign national appears to be excluded under R117(9)d). There are two interpretations on whether or not the foreign national would be excluded. Please advise which is correct or if there is another interpretation that should be applied.Interpretaion 1: In the scenario posed, the spouse was not a dependent at the time of the sponsor's application for permanent residence and it can therefore be argued that 117(9)(d) would not apply, given the language used in this clause. The spouse was a dependent at the time of landing and there was an onus on the sponsor to declare his changed marital status (under the former regs) at the time of landing. Therein is the misrepresentation.Interpretation 2: Although this sponsor cannot be reported as the misrepresentation did not occur under IRPA, I think 117(9)(d) does apply as an exclusion in this scenario as an "application" from the reading of this section would tend to imply that an application is "alive" and remains an application until such time
as the individual becomes a permanent resident (at the POE) and therefore the spouse should have been declared, included and examined prior to the applicant having been granted the status of permanent resident.
Solution Details
In this situation, the spouse would be excluded as per R117(9)(d). The spouse was a family member when the applicant appeared at the POE to become a permanent resident. The applicant was required to advise the officer at the POE of this new family member. R51(1)(a) states, "A foreign national who holds a permanent resident visa and is seeking to become a permanent resident at a port of entry must inform the officer if the foreign national has become a spouse or common-law partner...".
Request ID
IRPA00000000847
Item
IP 02-5.31 Misrepresentation
Category
SELECTION: Social (H&C, Family Class, LCP, TRP)
Question
We have a Permanent Resident who landed as single with no dependants on 03 May 05, 2002- He has submitted a sponsorship on behalf of his spouse whom he married the day before his departure-02 May 2002.The foreign national appears to be excluded under R117(9)d). There are two interpretations on whether or not the foreign national would be excluded. Please advise which is correct or if there is another interpretation that should be applied.Interpretaion 1: In the scenario posed, the spouse was not a dependent at the time of the sponsor's application for permanent residence and it can therefore be argued that 117(9)(d) would not apply, given the language used in this clause. The spouse was a dependent at the time of landing and there was an onus on the sponsor to declare his changed marital status (under the former regs) at the time of landing. Therein is the misrepresentation.Interpretation 2: Although this sponsor cannot be reported as the misrepresentation did not occur under IRPA, I think 117(9)(d) does apply as an exclusion in this scenario as an "application" from the reading of this section would tend to imply that an application is "alive" and remains an application until such time
as the individual becomes a permanent resident (at the POE) and therefore the spouse should have been declared, included and examined prior to the applicant having been granted the status of permanent resident.
Solution Details
In this situation, the spouse would be excluded as per R117(9)(d). The spouse was a family member when the applicant appeared at the POE to become a permanent resident. The applicant was required to advise the officer at the POE of this new family member. R51(1)(a) states, "A foreign national who holds a permanent resident visa and is seeking to become a permanent resident at a port of entry must inform the officer if the foreign national has become a spouse or common-law partner...".