Honest Mistake

[nom018]

Two weeks ago, I received a letter of possible inadmissibility due to misrepresentation. We committed an honest mistake on our application, we check the NO box of paragraph 1 question 9 about conviction, charged, under trial, etc., and it’s under Schedule 1 Background/Declaration. I had a previous case which didn’t even reach trial and is already dismissed a couple of months before I applied as FSW. The way I understand the question is, if I am presently under those circumstances mentioned. I should have answered YES, because they simply wanted to know if I had previous case/s. Obviously, I misunderstood the question because I didn’t read it carefully. It was careless of me to assume that everything is a negative answer because the opening question was “Have you, … ever: been convicted of, or are you currently charged with, …”. They even pointed out that I answered negatively 3 times, once when we filed our initial application and twice when we update our application in the span of 5 years. Of course I only copied my previous answers every time I update my application; I have no idea that my answers were wrong. I’m done with the medicals since July 2009 and submitted all the required docs. they need. Prior to this letter a couple of months back, they already asked me to submit all the pertinent documents surrounding the case which I complied but they didn’t point out about this mistake that’s why I’m surprised about this letter. They gave me a chance to explain my side which I complied immediately. At the moment I’m just waiting for their reply.

It NEVER crossed my mind to conceal any material fact about myself, we (applicants) for a fact knows that our application will undergo rigorous scrutiny, who in his right mind would compromise the future of his family. My previous case was just a simple slight physical injury filed against me just to harass me. The guy owe me some money and keeps on promising me to pay but to no avail and one thing leads to another and it ended in a fist fight.

Since we got the letter, my wife and I are so depressed to the point we almost cried thinking that our 6 years of time, money & effort will just go to waste.

By the way I’m just a newbie on this forum; hope someone can give me some advice & encouragement. Likewise, may I know the chances & remedy of our case if there is? Is there a similar case wherein a positive decision was made in favor of the applicant? Thanks in advance.

 

[ANigerian]

Nom018

I sympathise with you in you present predicament.

Where was these 'misdeamenour' committed? Was it in Canada? or was it in your home country? If it was in your home country, it should have shown in your PCC when you obtained it and you should have noticed this oversight and corrceted it immediately. If it was in Canada,I don't know if you get to see the RCMP report.

Just make the best representation you can and with God on your side, you'll prevail. God bless.

Peace!!

 

[wilson]

Hi,

I suggest you make a plea to the IO with a very humble and clear explanation of the facts. Eventhough most of the questions in the background declaration are important and sensitive for the immigration purpose, mistakes from the applicants may be considered favourably after revewing the justification submitted by the applicant. But it depends the mood of the IO who review the file.

Perhaps you can get opinions from other persons who had similar experiences.

 

[goldenapple]

PMM, your help is needed here...

 

[nom018]

Nom018

I sympathise with you in you present predicament.

Where was these 'misdeamenour' committed? Was it in Canada? or was it in your home country? If it was in your home country, it should have shown in your PCC when you obtained it and you should have noticed this oversight and corrceted it immediately. If it was in Canada,I don't know if you get to see the RCMP report.

Just make the best representation you can and with God on your side, you'll prevail. God bless.

Peace!!

Hi ANigerian, thanks for the symphathy. It happened in my home country. Since it happened a couple of months before I lodged my application, it didn't show on my police clearance. After a couple of years, I think 4 years, when the visa officer asked for an update of documents, it appeared already. That was the time when I was asked to submit an explanation surrounding my case. Since I'm so focused on the explanation, I forgot to change my answer to YES, that should have been my chance to rectify my mistake.


@ wilson: I already submitted an explanation about my case. I really hope that a favorable reply will be granted. Thanks.


@ goldenapple: I supposed PMM can share a valuable insight about this. Thanks.

 

[dubey]

I really sympathise with you nom018, my thoughts are with you and your family at this difficult period of time.
Honestly speaking, there is no 'Honest Mistake' in immigration process. Even though to you it was an honest mistake, the IO thinks completely different especially when you signed the background declaration form. Also, the IO was the one that found out about this and he asked you for the explanation, this becomes even more difficult. If it was you that realised your mistake and quickly wrote a letter to inform them of your oversight, it is a totally different ball of game.
You can only pray and hope. There is nothing impossible for God to do but most of cases like this that 'I have heard of' turn to:
1. Rejection
2. 2years ban from entering canada because you would be charged for misrepresentation.
Did you sign the forms?
If the answer is YES, all you can do is pray, fast and hope.

See, there is always another time but next time do not hide anything from the IO regardless of how bad the case might sound.
I wish you and your family goodluck.

 

[shibuya]

One of the general requirements for entry into Canada as a migrant seeking a temporary or permanent home is a clean police record.

What is criminal inadmissibility?
Part of the application for permanent residency requires a background check, and applicants should not have a criminal record. There are, however, special procedures and provisions whereby those with criminal records may still be able to enter Canada under certain circumstances.

Any applicant with a criminal background must have completed his or her sentence to the satisfaction of the proper authority. Additionally, five years must have lapsed since the end of the sentence. For applicants who have been convicted of a crime who hope to immigrate to Canada, the option of rehabilitation exists.

What is expected?
Potential migrants with criminal records must complete the application for criminal rehabilitation, detailing the applicant’s criminal convictions and personal information. Immigration officials require information on type of offence, its statute number, when and where it occurred, and the sentence served.

You will be expected to explain why you want to immigrate to Canada, and why you will not pose a risk to Canadian society. Your addresses and employment information for the preceding ten years must also be furnished.

You must attach to your application items such as passports, driver’s licenses, court judgments, texts of non-Canadian statutes, police certificates, and all documentation concerning sentences, paroles, probations, fines or pardons. Your application must be made to a visa office outside of Canada.

What will it cost?
Fees range from CA$200 to CA$1000, depending on the severity of the criminal act or conviction. A payment of $200 must be submitted with your application. If your case requires authority from the Minister, you will receive notice that a further $800 is due. Processing fees are non-refundable.

How long will it take?
It can take more than a year for an application for criminal rehabilitation to be processed.

What if I need help?
You may have a representative guide you through the process of application for criminal rehabilitation for the purpose of Canadian immigration.

When you choose a representative, he or she is authorised to do business on your behalf with Canadian immigration officials. According to the form that is to be filled out for this appointment, your representative can be a relative or friend, a member of a non-governmental or religious organisation, or any member of the Canadian Society of Immigration Consultants, a Canadian provincial or territorial law society, or the Chambre des notaries du Québec. Membership ID numbers are required.

 

[ANigerian]

Hi ANigerian, thanks for the symphathy. It happened in my home country. Since it happened a couple of months before I lodged my application, it didn't show on my police clearance. After a couple of years, I think 4 years, when the visa officer asked for an update of documents, it appeared already. That was the time when I was asked to submit an explanation surrounding my case. Since I'm so focused on the explanation, I forgot to change my answer to YES, that should have been my chance to rectify my mistake.


@ wilson: I already submitted an explanation about my case. I really hope that a favorable reply will be granted. Thanks.


@ goldenapple: I supposed PMM can share a valuable insight about this. Thanks.

Nom018

I honestly believe there is hope in this case.

From what you've said above, you would not intentionally answer 'No' to the question, given the fact that the evidence is right there in fron tof you. It can only be down to an honest mistake, furthermore, the charges were dropped and there was no conviction.

Make the above point in your representation, there is no harm in writing an additional explanation making the obvoius very clear.

All the best and peace!!!

 

[nom018]

I really sympathise with you nom018, my thoughts are with you and your family at this difficult period of time.
Honestly speaking, there is no 'Honest Mistake' in immigration process. Even though to you it was an honest mistake, the IO thinks completely different especially when you signed the background declaration form. Also, the IO was the one that found out about this and he asked you for the explanation, this becomes even more difficult. If it was you that realised your mistake and quickly wrote a letter to inform them of your oversight, it is a totally different ball of game.
You can only pray and hope. There is nothing impossible for God to do but most of cases like this that 'I have heard of' turn to:
1. Rejection
2. 2years ban from entering canada because you would be charged for misrepresentation.
Did you sign the forms?
If the answer is YES, all you can do is pray, fast and hope.

See, there is always another time but next time do not hide anything from the IO regardless of how bad the case might sound.
I wish you and your family goodluck.

Hi dubey, thanks for being frank about the possibilities of my case. I just hope that the VO will exhaust all the balance of probabilities.

I have a question, I belong to the old system, if I will reapply after 2 years (I hope not) will I be applying under my old system or the new system which has priority list? My dilema is that at the moment my skill is not included in the priority list so if I will be ask to apply under the new system I guess that's the end of my dream to come to Canada .

@ ANigerian: Thanks for keeping my fighting spirit alive .

 

[dubey]

You will need to apply based on the rules and regulations in place at that time. If your NOC code is not in the 38 list you can try Quebec Selected Skilled Worker Program. Certainly, your dream to go to canada is not jeopardised, have you thought of applying as a STUDENT in the future?

 

[Ronke Abimbola]

Nom018

Hi! Honestly i sympathize with you over your costly mistake. How did they get to know that you had such case? Did they confirm the authenticity of your police report? Did you fast track your application via an immigration Attorney who would have discovered this mistake? Are you saying you ought not to have answered negatively? Please get in touch with Campbell Cohen Law Firm in Canada. I believe they will handle your case. Best regards.

 

[nom018]

My answers in RED.

Nom018

Hi! Honestly i sympathize with you over your costly mistake. How did they get to know that you had such case? When they asked for an update of my documents a couple of years after I submitted my first application. Did they confirm the authenticity of your police report? Yes. Did you fast track your application via an immigration Attorney who would have discovered this mistake? No, I'm applying on my own. Are you saying you ought not to have answered negatively? Yes. Please get in touch with Campbell Cohen Law Firm in Canada. I believe they will handle your case. Best regards. I'm outside Canada, please provide contact information.

 

[goldenapple]

My answers in RED.

Attorney Cohen: dcohen@canadavisa.com

OR: http://www.canadavisa.com/contact-canadian-immigration-office.html

 

[nom018]

You will need to apply based on the rules and regulations in place at that time. If your NOC code is not in the 38 list you can try Quebec Selected Skilled Worker Program. Certainly, your dream to go to canada is not jeopardised, have you thought of applying as a STUDENT in the future?

Hi dubey,
I'm too old to be a student, I have a family already and no more time to study. Will check the Quebec Selected Skilled Worker Program. I believe this is my last chance to migrate to Canada my age is nearing 50, if this one fails due to this negligence of mine, the future of my family will suffer . Thanks anyway.

@ goldenapple: Thanks for the link, appreciate it.

I hope the seniors & PMM will chime in on my case. I need your insights please.

 

[nom018]

I'm still waiting for the seniors and the knowledgeable guys to comment on my case or anyone who has encountered similar case. Thanks.