Misrepresentation

[ClaireD]

Hello all. I’m hoping to get some help on this platform. My husband came to study in Canada in 2017 and graduated twice in Bachelor of Science and Bachelor in Mechanical Engineering this year in May. I know my husband since 10 years ago and I moved to Canada in December 2021. When he was nearly completing his last semester, things got worst for leading a very difficult transition and we were fighting constantly. I did not know how the local authorities would handle our case when I called them over my husband for simple domestic assault. All I thought is that they’ll just come and give him a warning but ultimately he was arrested and released the next hour. We went into a peace bond and now we are living happily together. Things got stressful for us when he was called by the CBSA for an interview. He was contacted by email and he went there without knowing that he was being called for misrepresentation. He was asked if whether he was ever arrested, he replied yes and gave the explanation. Ultimately they tell him that he answered NO to that question on his post graduate work permit.They seized his passport and asked him to do voice reporting every first Tuesday of the month. He was advised by the cbsa officers to submit an explanation to IRCC. IRRC still shows in progress on the portal. Cbsa officers told my husband that he’ll have a delegate discussion over teams. We are not sure where we’re headed! Are we going to face a ban? We do not know what to expect next. Can someone please advise us positively?
Thank you

 

[GandiBaat]

Hello all. I’m hoping to get some help on this platform. My husband came to study in Canada in 2017 and graduated twice in Bachelor of Science and Bachelor in Mechanical Engineering this year in May. I know my husband since 10 years ago and I moved to Canada in December 2021. When he was nearly completing his last semester, things got worst for leading a very difficult transition and we were fighting constantly. I did not know how the local authorities would handle our case when I called them over my husband for simple domestic assault. All I thought is that they’ll just come and give him a warning but ultimately he was arrested and released the next hour. We went into a peace bond and now we are living happily together. Things got stressful for us when he was called by the CBSA for an interview. He was contacted by email and he went there without knowing that he was being called for misrepresentation. He was asked if whether he was ever arrested, he replied yes and gave the explanation. Ultimately they tell him that he answered NO to that question on his post graduate work permit.They seized his passport and asked him to do voice reporting every first Tuesday of the month. He was advised by the cbsa officers to submit an explanation to IRCC. IRRC still shows in progress on the portal. Cbsa officers told my husband that he’ll have a delegate discussion over teams. We are not sure where we’re headed! Are we going to face a ban? We do not know what to expect next. Can someone please advise us positively?
Thank you

Uhhh...

M'aam. Get Lawyer'ed up. Get a legal representation. This is now beyond simple forum-ing.

Also, how did your hubby dear apply for PGWP? Was it via PoE / Flagpoling OR was it via IRCC portal?

 

[ClaireD]

Uhhh...

M'aam. Get Lawyer'ed up. Get a legal representation. This is now beyond simple forum-ing.

Also, how did your hubby dear applied for PGWP? Was it via PoE / Flagpoling OR was it via IRCC portal?

hello dear. Thank you for your patience and understanding. He applied via IRCC portal. I am so scared at this point. I don’t want to be removed from Canada. IRCC did not even send my husband anything, it was only the CBSA who investigating and they are really understanding why he answered NO and asking us to say the same thing in the hearing on teams. All my husband thought was that being put on a peace bond shall not affect anything.It still shows in progress on the portal. Are we really going to face the ban?

 

[Simba112]

hello dear. Thank you for your patience and understanding. He applied via IRCC portal. I am so scared at this point. I don’t want to be removed from Canada. IRCC did not even send my husband anything, it was only the CBSA who investigating and they are really understanding why he answered NO and asking us to say the same thing in the hearing on teams. All my husband thought was that being put on a peace bond shall not affect anything.It still shows in progress on the portal. Are we really going to face the ban?

Lawyer up. Thats all we can advise you

 

[GandiBaat]

hello dear. Thank you for your patience and understanding. He applied via IRCC portal. I am so scared at this point. I don’t want to be removed from Canada. IRCC did not even send my husband anything, it was only the CBSA who investigating and they are really understanding why he answered NO and asking us to say the same thing in the hearing on teams. All my husband thought was that being put on a peace bond shall not affect anything.It still shows in progress on the portal. Are we really going to face the ban?

Well, I will tell you what my lawyer told me once for a totally unrelated matter. That being said, getting a legal representation and advice is very advisable at this juncture.

He told me : "If you are in Canada, you have many options of appeal and legal remedies because you are under jurisdiction of Canadian law." ...

So... count on your luck stars for that. That being said, let me also level up with you. Your hubby's and by extension your situation is precarious as far as being in Canada goes. And it does not end here. He has an arrest record that is going to follow him in all of the five eyes country and will be required to disclose it for any of the immigration purposes. So keep that in mind when ever you apply for whatever immigration related stuff you do, in Canada or elsewhere. Info Sharing stage will ensure that his records will be seen by Five Eyes countries at the very least.

There are remedies for the matter but those are harder to implement. To be honest, it would have been easier if you folks had come and discussed this before he applied for PGWP. Its much easier to explain having an arrest record than to fix it later. The remedies will be answering PFL (which is I believe quite likely now). If that does not work then going through JR and so on.

You see, your issue is not just his arrest record. Its mis-rep on the application. That puts him and you in inadmissibility soup if it happens. Have a word with lawyer.

 

[ClaireD]

Well, I will tell you what my lawyer told me once for a totally unrelated matter. That being said, getting a legal representation and advice is very advisable at this juncture.

He told me : "If you are in Canada, you have many options of appeal and legal remedies because you are under jurisdiction of Canadian law." ...

So... count on your luck stars for that. That being said, let me also level up with you. Your hubby's and by extension your situation is precarious as far as being in Canada goes. And it does not end here. He has an arrest record that is going to follow him in all of the five eyes country and will be required to disclose it for any of the immigration purposes. So keep that in mind when ever you apply for whatever immigration related stuff you do, in Canada or elsewhere. Info Sharing stage will ensure that his records will be seen by Five Eyes countries at the very least.

There are remedies for the matter but those are harder to implement. To be honest, it would have been easier if you folks had come and discussed this before he applied for PGWP. Its much easier to explain having an arrest record than to fix it later. The remedies will be answering PFL (which is I believe quite likely now). If that does not work then going through JR and so on.

You see, your issue is not just his arrest record. Its mis-rep on the application. That puts him and you in inadmissibility soup if it happens. Have a word with lawyer.

Thank you for your support and guide.

 

[ClaireD]

Lawyer up. Thats all we can advise you

Thank you for the advice.

 

[GandiBaat]

Thank you for your support and guide.

Now, few things....

Please remember, THESE are my untrained and kind of layman thinking and not legal advice. I am not a lawyer or registered immigration consultant any way. So be extra extra extra careful and get a professional legal advice before you do anything. Okay?

IF you have not been given a PFL, you can possibly withdraw your hubbys application RIGHT NOW. Do get a lawyer's opinion. Once you get a PFL, you will NOT be able to withdraw. Withdrawing might be helpful because they can not put a ban on you if you do not want to go ahead with your application, IMHO. That being said, it is NOT mandetory to issue you/hubby a PFL and you can be denied and banned straight forward. My hunch is that you may be able to withdraw the application. And once you do withdraw, reapply/seek other remedies. You want to avoid that 5 year ban the most.

So the first order of business for you is to get a really really good lawyer. Pay him or her extra (to work on christmas/holidays?) to listen to your case immediately and suggest you if withdrawing your application or aborting it is possible or not. Assuming you have not been given a PFL formally. More time you wait, more likely you to get a PFL.

Or may be there might be another strategy that he may suggest, but to my lay mind withdrawing application seems to be the most straight forward solution to this mess. If that is legally workable (according to IRPA/IRPR).

 

[GandiBaat]

@scylla @legalfalcon Might wanna take a look at this thread.

 

[scylla]

Hello all. I’m hoping to get some help on this platform. My husband came to study in Canada in 2017 and graduated twice in Bachelor of Science and Bachelor in Mechanical Engineering this year in May. I know my husband since 10 years ago and I moved to Canada in December 2021. When he was nearly completing his last semester, things got worst for leading a very difficult transition and we were fighting constantly. I did not know how the local authorities would handle our case when I called them over my husband for simple domestic assault. All I thought is that they’ll just come and give him a warning but ultimately he was arrested and released the next hour. We went into a peace bond and now we are living happily together. Things got stressful for us when he was called by the CBSA for an interview. He was contacted by email and he went there without knowing that he was being called for misrepresentation. He was asked if whether he was ever arrested, he replied yes and gave the explanation. Ultimately they tell him that he answered NO to that question on his post graduate work permit.They seized his passport and asked him to do voice reporting every first Tuesday of the month. He was advised by the cbsa officers to submit an explanation to IRCC. IRRC still shows in progress on the portal. Cbsa officers told my husband that he’ll have a delegate discussion over teams. We are not sure where we’re headed! Are we going to face a ban? We do not know what to expect next. Can someone please advise us positively?
Thank you

You need an immigration lawyer.

 

[Fizhér]

@scylla @legalfalcon Might wanna take a look at this thread.

And @Naturgrl too

 

[GandiBaat]

@ClaireD If you please do keep us posted on how your immigration situation evolved. We hope and pray for the very best for you!