Non disclosure of Marriage

[hassaan_anwar]

Guys i know of a case where the father had applied for PR for himself and his family . His son had gotten married during that time but they lied about not being married and landed in Canada as they didn't want to delay their PR process any further. Basically his son had married and had a child between the time he got the COPR (2012) and the day they landed in Canada (2013) (landed one year after COPR) . Now i need to know how he can resolve this issue. Is there any lawyer or anyway they can resolve this without losing the current PR. The child is almost 3 years now and they have had another kid since then.

Also if they disclose the true situation now, is it possible that every dependent under the primary applicant might lose their PR status ?

Any help/solution will be really appreciated.

 

[starnaenae]

there is no way to rectify this. he lied. his spouse and child can never be sponsored. this is why being honest and waiting a bit longer is ALWAYS worth it....

i dont know about every losing their PR -- i will let other answer that

 

[Rob_TO]

Guys i know of a case where the father had applied for PR for himself and his family . His son had gotten married during that time but they lied about not being married and landed in Canada as they didn't want to delay their PR process any further. Basically his son had married and had a child between the time he got the COPR (2012) and the day they landed in Canada (2013) (landed one year after COPR) . Now i need to know how he can resolve this issue. Is there any lawyer or anyway they can resolve this without losing the current PR. The child is almost 3 years now and they have had another kid since then.

Also if they disclose the true situation now, is it possible that every dependent under the primary applicant might lose their PR status ?

Any help/solution will be really appreciated.

The son was married before he landed as PR, so he did not qualify as a dependent. He should have been removed from the application. So he obtained his PR fraudulently by committing misrepresentation.

So yes if they make any interaction now with IRCC on this (like trying to sponsor his spouse/child) and it's made aware he was married and had a kid at time he landed, yet lied and said he was single, his PR status could be revoked due to the misrepresentation.

The only way I can see to resolve this, is if the son voluntarily renounces his PR status, moves back to his home country, then tries to qualify for PR under an economic stream from scratch and include his spouse/child in the new application.

He can certainly talk to a lawyer and get their advice, but he should be very cautious if the lawyer doesn't explain the seriousness of the situation. Some lawyers will tell you that you have a chance and gladly take your money to fight a losing battle.

 

[Cross99]

There are some serious challenges facing this family.

In deeming misrepresentation, IRCC needs substantial information which proves intent. Most people who fail to disclose marriages or relationships do not lie on their application, it is just that their circumstances change during the time from application submission through landing and they do not inform IRCC of the same. This family on the other hand lied on the application and accompanying documentation and has committed misrepresentation - IRCC will not see this any other way, there are no 2 opinions about this.

Should the son give up his PR status and reapply, this will not preclude him from a thorough examination and IRCC is bound to determine that misrepresentation had occurred. In such a case he will be determined to be inadmissible for 2 years and may face a lengthier still immigration ban.

Should the son's wife immigrate under an economic class, IRCC is required to examine the son and once again they will conclude misrepresentation. Divorce is not an option - IRCC considers relationships and their dissolution for the sole purpose of immigration as a misrepresentation in itself.

There are no appeal rights in such a situation.

So as mentioned before, the family should approach a reputed immigration lawyer and proceed from there.

 

[canuck_in_uk]

There are some serious challenges facing this family.

In deeming misrepresentation, IRCC needs substantial information which proves intent. Most people who fail to disclose marriages or relationships do not lie on their application, it is just that their circumstances change during the time from application submission through landing and they do not inform IRCC of the same. This family on the other hand lied on the application and accompanying documentation and has committed misrepresentation - IRCC will not see this any other way, there are no 2 opinions about this.

Should the son give up his PR status and reapply, this will not preclude him from a thorough examination and IRCC is bound to determine that misrepresentation had occurred. In such a case he will be determined to be inadmissible for 2 years and may face a lengthier still immigration ban.

Should the son's wife immigrate under an economic class, IRCC is required to examine the son and once again they will conclude misrepresentation. Divorce is not an option - IRCC considers relationships and their dissolution for the sole purpose of immigration as a misrepresentation in itself.

There are no appeal rights in such a situation.

So as mentioned before, the family should approach a reputed immigration lawyer and proceed from there.

IRCC rarely takes misrepresentation action in these situations.

There is no issue if the son renounces and reapplies with his family. The app would ikely face closer scrutiny but there would not be misrepresentation.

There is also no issue if the wife applies herself, as she did not commit misrepresentation.

 

[hassaan_anwar]

he did not lie at the time of the application. their application took couple of years to actualize. He had gotten married just a day before COPR and then had a kid before landing. If he renounces his PR and applies again, wont they check the marriage certificate and then link it to the old application of his ? the primary applicant was the father, if the son starts a new application then will his new profile be linked to his fathers again ?

 

[canuck_in_uk]

he did not lie at the time of the application. their application took couple of years to actualize. He had gotten married just a day before COPR and then had a kid before landing. If he renounces his PR and applies again, wont they check the marriage certificate and then link it to the old application of his ? the primary applicant was the father, if the son starts a new application then will his new profile be linked to his fathers again ?

He lied because he did not add his spouse and child.

He would need to fully declare the previous application and PR status when applying again.

 

[zardoz]

he did not lie at the time of the application. their application took couple of years to actualize. He had gotten married just a day before COPR and then had a kid before landing. If he renounces his PR and applies again, wont they check the marriage certificate and then link it to the old application of his ? the primary applicant was the father, if the son starts a new application then will his new profile be linked to his fathers again ?

For reference : the "time of application" covers the WHOLE period between IRCC receiving the paperwork and the final "landing" interview with CBSA at the port of entry.

 

[Rob_TO]

There are some serious challenges facing this family.

In deeming misrepresentation, IRCC needs substantial information which proves intent. Most people who fail to disclose marriages or relationships do not lie on their application, it is just that their circumstances change during the time from application submission through landing and they do not inform IRCC of the same. This family on the other hand lied on the application and accompanying documentation and has committed misrepresentation - IRCC will not see this any other way, there are no 2 opinions about this.

Should the son give up his PR status and reapply, this will not preclude him from a thorough examination and IRCC is bound to determine that misrepresentation had occurred. In such a case he will be determined to be inadmissible for 2 years and may face a lengthier still immigration ban.

Should the son's wife immigrate under an economic class, IRCC is required to examine the son and once again they will conclude misrepresentation. Divorce is not an option - IRCC considers relationships and their dissolution for the sole purpose of immigration as a misrepresentation in itself.

There are no appeal rights in such a situation.

So as mentioned before, the family should approach a reputed immigration lawyer and proceed from there.

It is not certain if IRCC will investigate the previous misrepresentation in the cases of him renouncing PR and applying again under an economic stream, or if his wife applies under an economic stream.

While it's possible they may investigate further, they may not and if not mentioned the previous situation may not be an issue. This is of course a big gamble to take, but may be required if he ever wants to have a life with his family in Canada.