Misrepresentation on spousal sponsorship

[Rob_TO]

How did he won the appeal and still be ban sponsoring his wife and kids?

There are 2 separate things in this case.

1. The sponsorship application currently in progress. This is what may be rejected due to 177(9)(d), meaning the visa officer feels they were common-law/married at time the sponsor landed as PR as single. This results in applicant being forever excluded from being sponsored.

2. A 177(9)(d) carries an automatic assumption of misrepresentation to the sponsor, since not declaring a family member is a clear form of misrepresentation. So in some cases IRCC makes moves to open a new case to start investigating the sponsor's PR status

The poster above was referring to winning (2), meaning their PR status wasn't revoked for whatever reason, perhaps on H&C grounds. However that doesn't mean (1) is forgiven so spouse is still excluded to ever be sponsored.

 

[Miraclejj]

LTL8605,

I think there are two very important questions you need to ask your lawyer(s)
1. If IRCC doesn't accept your explanations, what exactly the ground of refusal are you looking at, should IRCC deny your spousal application? And what the options will you have, if it will be a negative outcome, especially if it is on IRCC 177 (9) d?

2. If IRCC doesn't accept your explanations, and your spousal application is denied, would your own PR be at risk, should IRCC launches an investigation against you? And if so, what the options will you have?

 

[LTL8605]

Unfortunately, it is not up to you to decide. Should your wife be denied on IRCC 177 (9) d, if IRCC decided not to accept your explanation, it is even worse, because if your wife is not on her own long term visa, then after the refusal, IRCC will ask your wife to leave Canada within a short period, and you cannot get her back under any circumstances forever. Honestly, if I was you, I rather chose the misrepresentation, because it only bans for 5 years. The IRCC 177 (9) d bans for life.

Currently, your only hope is that IRCC accepts your explanation and allows the case to be processed continuously, which means you are cleared on both cases. Otherwise, your life in Canada will have immediately impact on the negative decision.

Looks like its getting worst and worst lol.

 

[LTL8605]

LTL8605,

I think there are two very important questions you need to ask your lawyer(s)
1. If IRCC doesn't accept your explanations, what exactly the ground of refusal are you looking at, should IRCC deny your spousal application? And what the options will you have, if it will be a negative outcome, especially if it is on IRCC 177 (9) d?

2. If IRCC doesn't accept your explanations, and your spousal application is denied, would your own PR be at risk, should IRCC launches an investigation against you? And if so, what the options will you have?

My question is, Can i still send additional documents after i send my reply letter? 30 days still didn't lapse.

 

[Sous02]

How did he won the appeal and still be ban sponsoring his wife and kids?

he won the right to keep his own pr but lost the right to sponsor his wife and child. Two different decisions.

 

[Miraclejj]

My question is, Can i still send additional documents after i send my reply letter? 30 days still didn't lapse.

I believe you can. This time, please seriously consult with your lawyer and ask him to dress all the issues for you.

 

[Sous02]

You quite possibly have the worst immigration lawyer I have seen here. You were declared ineligible to sponsor. Because you asked for the application to go forward CIC follows their procedures and sends your wife a procedural fairness letter. Your lawyer sends in the wrong dates again. CIC is surely going to reject your wife. Please get a new lawyer who can build you a case showing that it is the incompetence first lawyer at fault. However CIC does not really care who is incompetent as it is your job when you sign the form to ensure it is all correct. If you are telling us the truth then I am truly sorry for you. At this point your changing story only seems to reinforce the refusal. Again get some competent advise and good luck.

 

[LTL8605]

I believe you can. This time, please seriously consult with your lawyer and ask him to dress all the issues for you.

will do.

 

[carolbb23]

I don't know, but Rob_To said there are some ways to appeal for inland, although they are not as straight forward as outland appeal.

One way that I could think of is after an inland case is denied, they can apply on the H&C ground, and if H&C is denied, then you have the ground to appeal.

H&C approvals are low

 

[LTL8605]

H&C approvals are low

Another question too is what will happen to my wife open permit application? Are they going to provide OWP while they are processing the PR application? Based on other trend, it will take atleast 3 month to process after they received the reply letter. Thank you.

 

[carolbb23]

Another question too is what will happen to my wife open permit application? Are they going to provide OWP while they are processing the PR application? Based on other trend, it will take atleast 3 month to process after they received the reply letter. Thank you.

i could be wrong once they get to the n bottom of your case they can cancelled her owp

 

[LTL8605]

Hey guys, I just went to a new lawyer and he said that it was an honest mistake and CIC will understand and approve it. My wife just got an email that she passed the eligibility check and they are asking to submit her passport. Is this mean they accepted our explanation? I really believe on the immigration system of this country that they will be fair and consider the honest mistake we did. Thank you all!!

 

[LTL8605]

You quite possibly have the worst immigration lawyer I have seen here. You were declared ineligible to sponsor. Because you asked for the application to go forward CIC follows their procedures and sends your wife a procedural fairness letter. Your lawyer sends in the wrong dates again. CIC is surely going to reject your wife. Please get a new lawyer who can build you a case showing that it is the incompetence first lawyer at fault. However CIC does not really care who is incompetent as it is your job when you sign the form to ensure it is all correct. If you are telling us the truth then I am truly sorry for you. At this point your changing story only seems to reinforce the refusal. Again get some competent advise and good luck.

I just went to a new lawyer and he said that it was an honest mistake and CIC will understand and approve it. My wife just got an email that she passed the eligibility check and they are asking to submit her passport. Is this mean they accepted our explanation? Thanks

 

[Miraclejj]

I just went to a new lawyer and he said that it was an honest mistake and CIC will understand and approve it. My wife just got an email that she passed the eligibility check and they are asking to submit her passport. Is this mean they accepted our explanation? Thanks

Congrats, that means your nightmare is over. And your wife's PR has been approved. Man, enjoy the moment with your wife.

 

[Rob_TO]

Hey guys, I just went to a new lawyer and he said that it was an honest mistake and CIC will understand and approve it. My wife just got an email that she passed the eligibility check and they are asking to submit her passport. Is this mean they accepted our explanation? I really believe on the immigration system of this country that they will be fair and consider the honest mistake we did. Thank you all!!

Nobody here can possibly say, since yours is such a unique case with so many variables.
It's certainly a good sign that they asked her for passport, however you need to wait out the full process to see what the final result will be.