My brother was misguided

[SGI]

Hi

My brother went to Canada on student visa , he graduates by the end of next year. I am in India and eligible for PR under Express Entry Program. My CRS score is pretty decent but I found out that my brother didn't write my name in family form back in 2015 while applying for study visa. He was misguided by a consultant and to get his visa, he took the chance. Now I am in a great fix as I have/want to show his name and other siblings names in my PR form. Will it have a negative impact on my brother, if it will, then, I get discouraged from applying for the PR.
Has anybody come across a similar case? Could someone please help with a sound advice ?

Thank you

Regards

 

[canuck_in_uk]

Hi

My brother went to Canada on student visa , he graduates by the end of next year. I am in India and eligible for PR under Express Entry Program. My CRS score is pretty decent but I found out that my brother didn't write my name in family form back in 2015 while applying for study visa. He was misguided by a consultant and to get his visa, he took the chance. Now I am in a great fix as I have/want to show his name and other siblings names in my PR form. Will it have a negative impact on my brother, if it will, then, I get discouraged from applying for the PR.
Has anybody come across a similar case? Could someone please help with a sound advice ?

Thank you

Regards

HI

He wasn't "misguided". He made the decision to commit misrepresentation.

It is unlikely that anything will come of it from your application. His problem will be if he submits a PR application. Either he continues the lie and risks being caught and banned from Canada or he admits his fraud and risks being refused and banned.

 

[Jacko007]

Hi

My brother went to Canada on student visa , he graduates by the end of next year. I am in India and eligible for PR under Express Entry Program. My CRS score is pretty decent but I found out that my brother didn't write my name in family form back in 2015 while applying for study visa. He was misguided by a consultant and to get his visa, he took the chance. Now I am in a great fix as I have/want to show his name and other siblings names in my PR form. Will it have a negative impact on my brother, if it will, then, I get discouraged from applying for the PR.
Has anybody come across a similar case? Could someone please help with a sound advice ?

Thank you

Regards

This is impossible. Canada calls banks, siblings, former girlfriends and even your pizza delivery guy. They know everything about you and there is no way your brother could have omitted you in his application, right Mrs. scylla?

 

[cansha]

Hi

My brother went to Canada on student visa , he graduates by the end of next year. I am in India and eligible for PR under Express Entry Program. My CRS score is pretty decent but I found out that my brother didn't write my name in family form back in 2015 while applying for study visa. He was misguided by a consultant and to get his visa, he took the chance. Now I am in a great fix as I have/want to show his name and other siblings names in my PR form. Will it have a negative impact on my brother, if it will, then, I get discouraged from applying for the PR.
Has anybody come across a similar case? Could someone please help with a sound advice ?

Thank you

Regards

I am not able to understand how omitting your name from the application would have benefited his student visa application. I'm definitely ignorant but I can't see any benefit of doing that and why consultant would suggest it and finally why your brother will choose to do so.

However, what is done is done. My take is you should definitely show his name as sibling. I don't see your application getting impacted by it.

But, I think it will be good to take opinion of a lawyer just to be safe and understand implications if any. @legalfalcon may help.

 

[legalfalcon]

Hi

My brother went to Canada on student visa , he graduates by the end of next year. I am in India and eligible for PR under Express Entry Program. My CRS score is pretty decent but I found out that my brother didn't write my name in family form back in 2015 while applying for study visa. He was misguided by a consultant and to get his visa, he took the chance. Now I am in a great fix as I have/want to show his name and other siblings names in my PR form. Will it have a negative impact on my brother, if it will, then, I get discouraged from applying for the PR.
Has anybody come across a similar case? Could someone please help with a sound advice ?

Thank you

Regards

It will have no impact. Contrary to what people understand as misrepresentation, it is misrepresentation only if there is concealment of a "material" fact. Since your brother filed a student visa application, and decided not to mention your name, or inadvertently forgot to mention it, will have no impact on your application.

It is his application and he can decided to mention or not to mention the details. However, if you go ahead and mention his name in your application, it will not have any impact.

IRCC defines misrepresentation in s 40 of IRPA as:

40 (1) A permanent resident or a foreign national is inadmissible for misrepresentation

• (a) for directly or indirectly misrepresenting or withholding material facts relating to a relevant matter that induces or could induce an error in the administration of this Act;

The key phrase here is "material facts." The courts have defined material facts as those facts that further your application and concealment of those will provide substantial benefit to your application. Eg. omitting age, marital status to gain CRS points, submitting fraudulent documents etc are all material facts which impact your application.

 

[Breeze00]

It will have no impact. Contrary to what people understand as misrepresentation, it is misrepresentation only if there is concealment of a "material" fact. Since your brother filed a student visa application, and decided not to mention your name, or inadvertently forgot to mention it, will have no impact on your application.

It is his application and he can decided to mention or not to mention the details. However, if you go ahead and mention his name in your application, it will not have any impact.

IRCC defines misrepresentation in s 40 of IRPA as:

40 (1) A permanent resident or a foreign national is inadmissible for misrepresentation

• (a) for directly or indirectly misrepresenting or withholding material facts relating to a relevant matter that induces or could induce an error in the administration of this Act;

The key phrase here is "material facts." The courts have defined material facts as those facts that further your application and concealment of those will provide substantial benefit to your application. Eg. omitting age, marital status to gain CRS points, submitting fraudulent documents etc are all material facts which impact your application.

I'm not the poster but I appreciate your response. Everyone else before you just blew the issue out of proportion or Maybe they have no knowledge about the situation. As much as we all try to help, I think we should not comment or respond if we don't understand the problem.

 

[Peacekeeper87]

Thankyou @legalfalcon
So many people indeed misunderstand the concept of misrepresentation. Thinking that any wrong information is considered as such.
Some people make honest mistakes like forgetting a name, others provide fake documents like bank statements to pretend having a better situation. Very different!

 

[navinball]

Thankyou @legalfalcon
So many people indeed misunderstand the concept of misrepresentation. Thinking that any wrong information is considered as such.
Some people make honest mistakes like forgetting a name, others provide fake documents like bank statements to pretend having a better situation. Very different!

its not an honest mistake, his consultant was a jacka**. they ask for blood relatives information in the student visa application to guage if they have potential immigrant intent. many student visa applications in india are rejected because of this. if an applicant has relatives in in usa or canada and have weak ties to home country they have a higher possibility of immigrating. so while this person might not have much to worry about, its not as trivial as some believe.

 

[canuck_in_uk]

It will have no impact. Contrary to what people understand as misrepresentation, it is misrepresentation only if there is concealment of a "material" fact. Since your brother filed a student visa application, and decided not to mention your name, or inadvertently forgot to mention it, will have no impact on your application.

It is his application and he can decided to mention or not to mention the details. However, if you go ahead and mention his name in your application, it will not have any impact.

IRCC defines misrepresentation in s 40 of IRPA as:

40 (1) A permanent resident or a foreign national is inadmissible for misrepresentation

• (a) for directly or indirectly misrepresenting or withholding material facts relating to a relevant matter that induces or could induce an error in the administration of this Act;

The key phrase here is "material facts." The courts have defined material facts as those facts that further your application and concealment of those will provide substantial benefit to your application. Eg. omitting age, marital status to gain CRS points, submitting fraudulent documents etc are all material facts which impact your application.

Leaving out family members is misrepresentation. In India, they leave out siblings to try to show stronger family ties to their country. If OPs brother wrote an SOP, it probably stated something like "I'm the only child/oldest child/only male child and must return home to care for my parents".

 

[canuck_in_uk]

Thankyou @legalfalcon
So many people indeed misunderstand the concept of misrepresentation. Thinking that any wrong information is considered as such.
Some people make honest mistakes like forgetting a name, others provide fake documents like bank statements to pretend having a better situation. Very different!

People don't forget that they have siblings...

 

[legalfalcon]

its not an honest mistake, his consultant was a jacka**. they ask for blood relatives information in the student visa application to guage if they have potential immigrant intent. many student visa applications in india are rejected because of this. if an applicant has relatives in in usa or canada and have weak ties to home country they have a higher possibility of immigrating. so while this person might not have much to worry about, its not as trivial as some believe.

Leaving out family members is misrepresentation. In India, they leave out siblings to try to show stronger family ties to their country. If OPs brother wrote an SOP, it probably stated something like "I'm the only child/oldest child/only male child and must return home to care for my parents".

It is not. Read s40 of IRPA, and the accompanying cases decided by federal courts. Only facts "material" to the application if concealed or omitted amounts to misrepresentation. The reason why PR applications and student visa applications ask for family members is not to know about the intent to immigrate or to evaluate ties to home country, rather to find if any of the family members are inadmissible and for security screening. At a later date when the applicant files his application for PR, or another family member files his / her application for PR, the entry of siblings and parents helps IRCC identify the family tree. If any member of the family is inadmissible, then the entire family is inadmissible (for PR).

@navinball When you claim that many applications in India are rejected because of this, can you show me the law, regulations or even a GCMS note which states that a person who is applying for a study permit and already has a relative in Canada amounts to his intention to immigrate and therefore has no family ties? On the contrary is your have a family member in Canada it supports your application as the person applicant can show financial support from the relative.

@canuck_in_uk since when did IRCC ask for SOP as a part of the study permit application? And even if an applicant writes something in SOP, it is not legally binding.

The issue here is about the person whose brother did not mention him in his study permit. This omission in no way impacts @SGI 's application. And even when his brother applies, it will not be misrepresentation. inadmissibility for misrepresentation is "for directly or indirectly misrepresenting or withholding material facts relating to a relevant matter that induces or could induce an error in the administration of this Act"

 

[Peacekeeper87]

its not an honest mistake, his consultant was a jacka**. they ask for blood relatives information in the student visa application to guage if they have potential immigrant intent. many student visa applications in india are rejected because of this. if an applicant has relatives in in usa or canada and have weak ties to home country they have a higher possibility of immigrating. so while this person might not have much to worry about, its not as trivial as some believe.

Didn't say what our friend here did an honest mistake.
Just trying to draw a difference line between mistake and misrepresentation

 

[canuck_in_uk]

It is not. Read s40 of IRPA, and the accompanying cases decided by federal courts. Only facts "material" to the application if concealed or omitted amounts to misrepresentation. The reason why PR applications and student visa applications ask for family members is not to know about the intent to immigrate or to evaluate ties to home country, rather to find if any of the family members are inadmissible and for security screening. At a later date when the applicant files his application for PR, or another family member files his / her application for PR, the entry of siblings and parents helps IRCC identify the family tree. If any member of the family is inadmissible, then the entire family is inadmissible (for PR).

@navinball When you claim that many applications in India are rejected because of this, can you show me the law, regulations or even a GCMS note which states that a person who is applying for a study permit and already has a relative in Canada amounts to his intention to immigrate and therefore has no family ties? On the contrary is your have a family member in Canada it supports your application as the person applicant can show financial support from the relative.

@canuck_in_uk since when did IRCC ask for SOP as a part of the study permit application? And even if an applicant writes something in SOP, it is not legally binding.

The issue here is about the person whose brother did not mention him in his study permit. This omission in no way impacts @SGI 's application. And even when his brother applies, it will not be misrepresentation. inadmissibility for misrepresentation is "for directly or indirectly misrepresenting or withholding material facts relating to a relevant matter that induces or could induce an error in the administration of this Act"

The evaluation of ties to the home country is material to a study permit app. As I said, this is a common reason to lie about the existence of family members.

I didn't say IRCC requires SOPs, hence my use of the word "IF".

 

[legalfalcon]

The evaluation of ties to the home country is material to a study permit app. As I said, this is a common reason to lie about the existence of family members.

I didn't say IRCC requires SOPs, hence my use of the word "IF".

Again, you are getting into ancillary issues. No one is claiming that ties to home country is not one of the many criterion. However, where does disclosing the names of the siblings and parents in the application tie into it and affect it? That is what your claim was, and it is completely unfounded. You even went on to conclude that the person who did not disclose his siblings in the study permit application may be banned. On what grounds?

Further, SOP is required for admission to the educational institution, and is not a part of the visa application. Why would anyone write anything about home ties in a SOP, instead of putting him/her in the best light based on the program one intends to join.

When an application is evaluated, it deals with objective and subjective criterion. When it comes to subjective material criterion, the threshold is very high, and has to be substantiated.

 

[canuck_in_uk]

Again, you are getting into ancillary issues. No one is claiming that ties to home country is not one of the many criterion. However, where does disclosing the names of the siblings and parents in the application tie into it and affect it? That is what your claim was, and it is completely unfounded. You even went on to conclude that the person who did not disclose his siblings in the study permit application may be banned. On what grounds?

Further, SOP is required for admission to the educational institution, and is not a part of the visa application. Why would anyone write anything about home ties in a SOP, instead of putting him/her in the best light based on the program one intends to join.

When an application is evaluated, it deals with objective and subjective criterion. When it comes to subjective material criterion, the threshold is very high, and has to be substantiated.

Family is considered when evaluating home country ties.

Lying in an immigration application can lead to being banned. While you may think it is immaterial, IRCC may not.

It is quite common for applicants to submit an SOP in their study permit app and give reasons why they will return to Canada.

The threshold isn't high and doesn't really require substantiation beyond the VO's interpretation, hence the innumerable refusals, even for apps that are quite strong.