***JUNE 2017***OUTLAND SPOUSAL SPONSORSHIP OUTSIDE OF CANADA

[as163]

Hi...you should research this a bit more before replying.

The worst thing is absolutely not an interview. This is a very serious case of misrepresentation (which is fraud) and the application is at serious risk of not only refusal but a ban from Canada. There is a separate thread addressing this.

While it may have been an honest mistake, it's a big problem, so please do not state otherwise if you're unsure.

See the thread here that I suggested be opened on its own: https://www.canadavisa.com/canada-immigration-discussion-board/threads/procedural-fairness-letter.532858/

The focus in this type of situation will be presenting a case where a ban will not be applied. An interview would be absolute best case. CIC takes misrepresentation extremely seriously.

That's a thread I started my self and I am checking people's opinions on the matter. Thank you for your replies anyone, I will ask a lawyer and the MP for more information. Wish me luck!

 

[kcward7]

That's a thread I started my self and I am checking people's opinions on the matter. Thank you for your replies anyone, I will ask a lawyer and the MP for more information. Wish me luck!

The best thing to do right now, which I know is easier said than done, is not panic.

Do your research, and as you said, get legal advice and involve the MP. Some MPs can be very helpful. You need to inform yourself of the possibilities with this situation so you know what next steps to take.

 

[pakcad]

Hi...you should research this a bit more before replying.

The worst thing is absolutely not an interview. This is a very serious case of misrepresentation (which is fraud) and the application is at serious risk of not only refusal but a ban from Canada. There is a separate thread addressing this.

While it may have been an honest mistake, it's a big problem, so please do not state otherwise if you're unsure.

See the thread here that I suggested be opened on its own: https://www.canadavisa.com/canada-immigration-discussion-board/threads/procedural-fairness-letter.532858/

The focus in this type of situation will be presenting a case where a ban will not be applied. An interview would be absolute best case. CIC takes misrepresentation extremely seriously.

I would not like to start an idle argument with you. Unfortunately, this is the only certain available option for his wife now to reply them with full integrity. I do understand that it is a big problem at the moment but they should not be refusing/banning her wife from Canada over a INNOCENT MISREPRESENTATION. We all make mistakes and CIC also understand that.

However, this is actually the last chance for his wife to convince them with sound evidence. This is the reason why she received a PFL from VO.

IF AN APPLICANT FAILS TO DISCLOSE REQUIRED INFORMATION THEN HE/SHE WILL BE BANNED. In this case, they have given her a chance (PFL) to provide and explain.

AS163: reply them with honesty and you should be fine.

kcward7: you also need to be logical in your reasonings other than just doing your research.

 

[kcward7]

I would not like to start an idle argument with you. Unfortunately, this is the only certain available option for his wife now to reply them with full integrity. I do understand that it is a big problem at the moment but they should not be refusing/banning her wife from Canada over a INNOCENT MISREPRESENTATION. We all make mistakes and CIC also understand that.

However, this is actually the last chance for his wife to convince them with sound evidence. This is the reason why she received a PFL from VO.

IF AN APPLICANT FAILS TO DISCLOSE REQUIRED INFORMATION THEN HE/SHE WILL BE BANNED. In this case, they have given her a chance (PFL) to provide and explain.

AS163: reply them with honesty and you should be fine.

kcward7: you also need to be logical in your reasonings other than just doing your research.

Do your research. They refuse people all the time for "innocent" mistakes. While I believe in this case it was one, there is no way for the officer to distinguish between innocent mistakes and intended lies.

You should read the thread I linked where senior members with years of experience helping people in this forum have weighed in from what they have seen/experienced in the exact same scenario historically.

Have a good day.

 

[pakcad]

You're wrong. Do your research. They refuse people all the time for "innocent" mistakes. While I believe in this case it was one, there is no way for the officer to distinguish between innocent mistakes and intended lies.

Have a good day.

Where Innocent Misrepresentations are Not Misrepresentations - The Medel and Osisanwo Exceptions An exception arises where applicants can show that they honestly and reasonably believed that they were not withholding material information: Medel v. Canada (Minister of Employment and Immigration), [1990] 2 F.C. 345, [1990] F.C.J. No. 318 (F.C.A.) This is sometimes described as “subjective unawareness”

I hope the above give you some relief. I guess this time you did not do your research either because I found this on their website. lol

You too. have a good day!

 

[scylla]

Thanks

In regards to your PFL, I understand that it is a complicated situation for you at the moment, please do not panic and your wife can use the following points in her response (correspondence):

1) Apologize in a way that you over-looked this question.
2) She had no intend to not provide this information.
3) THIS WAS THE FIRST TIME SHE WAS FILLING OUT SUCH DOCUMENTS.
4) Attach the refusal letter that your wife previously received.

Don't worry. The worst senerio will be that she may be called in for an interview.

This last statement is unfortunately incorrect. Worse scenario is a refusal of the application and also a five year ban from Canada for misrepresentation.

 

[scylla]

Where Innocent Misrepresentations are Not Misrepresentations - The Medel and Osisanwo Exceptions An exception arises where applicants can show that they honestly and reasonably believed that they were not withholding material information: Medel v. Canada (Minister of Employment and Immigration), [1990] 2 F.C. 345, [1990] F.C.J. No. 318 (F.C.A.) This is sometimes described as “subjective unawareness”

I hope the above give you some relief. I guess this time you did not do your research either because I found this on their website. lol

You too. have a good day!

This is true - however you should note these were individual who were refused (and maybe even banned from Canada) and then went through the appeals process to get the decision overturned (which is long and expensive).

It's pretty much guaranteed the application will be refused in this case unfortunately. What this person wants to avoid the is five year misrepresentation ban.

 

[pakcad]

This last statement is unfortunately incorrect. Worse scenario is a refusal of the application and also a five year ban from Canada for misrepresentation.

scylla: I do understand the consequence of misrepresentation in any government document. Unfortunately, the only option for this fellow is to reply them with full integrity and honesty now.

If his wife fails to disclose the requested information now in her correspondence then it is a certain 5 years ban. It is a chance for her to prove now and I am sure that she is not planning to hide it any further so It should not be a problem.

That is why I said earlier: The key is to stay calm, positive, and honest now.

 

[as163]

I really hope to god that this goes on well ! It was honestly a simple mistake I mean why would I even hide the fact she was refused a visa somewhere else?? I have to benefit from this !
I just talked to the local MP and they are examining the letter I put together as a reply
wish me luck guys

 

[trev854]

I really hope to god that this goes on well ! It was honestly a simple mistake I mean why would I even hide the fact she was refused a visa somewhere else?? I have to benefit from this !
I just talked to the local MP and they are examining the letter I put together as a reply
wish me luck guys

I think, you did the right thing by getting your MP involve and be honest with them you should be fine. good luck.

 

[jptskt]

hey yall just letting u know our whole process is done, passport was sent to embassy and now sent back and will be landing soon... didnt know how to update all this in the spreadsheet (its been very funny).... but thanks to all who responded to me early in the process and my messages and shared insight... best of luck to u all. peace.

quick question though - is the permanent resident card going to be mailed to our address is canada after she lands? when can we be expecting it and who would I reach out too if there is a problem receiving it?

Congrats!!! When did you get Decision Made and Passport Request?

 

[inlovewithacanadian91]

I got a letter asking me to send two more visa pictures. Last time I got them when I visited Canada but I'm not going back for a while. Any suggestions on where I can get them done in the USA?

 

[NewWorld]

Is it true that you were refused and you did not disclose that information?

From one of my friend's suggestions and in one of the scenario for myself... I will share my idea...

Be honest and tell them what happened. Yes in a plain simple word doc... Mention the Applicant's Name, File Number, Section for which question belongs to and Details about the issue. I think you can mention that it was mis-interpreted and you gave the wrong answer. They have the correct information and details about it you can share by providing them the details about that rejected visa and what are the reasons for rejection.

 

[NewWorld]

Hey Guys I received this email today

This refers to your application for permanent residence. Having reviewed your file and taken into
consideration you written declarations I have concerns that you may not meet the requirements
of the Immigration and Refugee Protection Act (IRPA).

Subsection 16(1) of the Immigration and Refugee Protection Act states that a person who makes
an application must answer truthfully all questions put to them for the purpose of the
examination and must produce a visa and all relevant evidence and documents that the officer
reasonably requires.

On the schedule A, you responded “No” to the question 4(d); whether you have ever been
refused a visa by any country. However, we have information that you were refused a temporary
visa by the XXX on XXXX/XX/XX. I have concerns that you are not truthful in your answers in your
application.

Before rending a decision, I am providing you with an opportunity to respond to my concern. I
am giving you sixty (60) days to respond. If you do not respond to my concern within this
timeframe I will assess your application based on the information before me and your case may
be refused.

Also, please provide at the same time the original police certificate that you obtained from
Lebanon; an electronic copy is not sufficient. Please be sure to include your file number in all
correspondence.

International Migration Office

I honestly forgot that my wife had been refused that visa that's the only reason I pressed NO !

What do you think I should do? How can my reply be in email or in a printed letter? What should I include as details?

Also, does this mean that security check is complete?

From one of my friend's suggestions and in one of the scenario for myself... I will share my idea...

Be honest and tell them what happened. Yes in a plain simple word doc... Mention the Applicant's Name, File Number, Section for which question belongs to and Details about the issue. I think you can mention that it was mis-interpreted and you gave the wrong answer. They have the correct information and details about it you can share by providing them the details about that rejected visa and what are the reasons for rejection.

 

[as163]

Hi guys I thought about keeping you updated.

I sent a letter through email to the VO the same day I received the FDL letter explaining that this was done by mistake and that I have intention of jeopardizing my PR application and it was a case of simple and clear mistake. I wrote a very organized and well articulated letter with apologies and detailed explanation of the situation

And guess what! I received the pre-arrival email today ! not even 24 hours after sending my letter ! I thank god for that and I hope you all receive your DMs soon enough !

I wanted however to shout out for the people who blindly told me that this is a refused case and that a 5 year ban will apply that please don't play smart ass and say things that you have no control over no matter how posts you have posted.

The people that work at these visa offices are humans and they have minds to think and hearts to feel about every case by itself. If they sent a letter asking for something then they are asking for something to be CLARIFIED and they WANT TO HEAR YOU! Keep your hopes up people and dont let the negative posts affect your motivation, as long as you are truthful and clear, you are safe!

By the way... what happens after the pre-arrival email ?