outland spousal

[Gardner2205]

I am seeking advice from seniors here.

About a year back I had successfully applied for a TRV to visit my girlfriend, and a year later we are married & now she is sponsoring me through outland spousal. Below is my concern, which am hoping can be answered in this forum

I was convicted and jailed in Dubai for not able to pay my credit cards as i had lost my job in the recession of 2008. I had left that country and now am working in another country. While filling the TRV application, I selected NO as the answer for the question that asked, "Have you ever committed, been arrested for or been charged with any criminal offence in any country"

Now, when applying in the Outland spousal, the same question as been asked, and I want to disclose the truth and answer YES & give the explanation for the Jail term.

My query is, can this backfire on me, and chances of my spousal application getting rejected as I had failed to mention the JAIL term during my TRV application.

Anticipating your replies

 

[Miraclejj]

I am seeking advice from seniors here.

About a year back I had successfully applied for a TRV to visit my girlfriend, and a year later we are married & now she is sponsoring me through outland spousal. Below is my concern, which am hoping can be answered in this forum

I was convicted and jailed in Dubai for not able to pay my credit cards as i had lost my job in the recession of 2008. I had left that country and now am working in another country. While filling the TRV application, I selected NO as the answer for the question that asked, "Have you ever committed, been arrested for or been charged with any criminal offence in any country"

Now, when applying in the Outland spousal, the same question as been asked, and I want to disclose the truth and answer YES & give the explanation for the Jail term.

My query is, can this backfire on me, and chances of my spousal application getting rejected as I had failed to mention the JAIL term during my TRV application.

Anticipating your replies

Sure it will. That was a misrepresentation and you probably will be charged on misrepresentation that will ban you 5 years.
Man, the damage has been done, there has nothing you can do to turn this around. And don't even consider to hide this from your spousal application, because CIC will do a more thoroughly background check than TRV application.
You need to consult with a good immigration lawyer immediately to find out if there will be any other options.

 

[scylla]

I'm not sure I agree that you will be charged for misrepresentation. However there is another potential issue.

First of all, you definitely need to declare all of this in your PR application (i.e. say that you were in fact convicted and give all of the details). Failure to do so will certainly end in a misrepresentation finding and 5 year ban.

To me, the question is whether you'll be able to obtain a PCC from the UAE. Without a UAE PCC, your PR application cannot be approved. We've seen people here struggle to obtain a PCC where there have been credit card debt issues in the UAE. Have your charges in the UAE been completely cleared? Do you still have any outstanding money or penalties to pay? If you still have outstanding money / penalties to pay, you need to deal with that now.

 

[Gardner2205]

I'm not sure I agree that you will be charged for misrepresentation. However there is another potential issue.

First of all, you definitely need to declare all of this in your PR application (i.e. say that you were in fact convicted and give all of the details). Failure to do so will certainly end in a misrepresentation finding and 5 year ban.

To me, the question is whether you'll be able to obtain a PCC from the UAE. Without a UAE PCC, your PR application cannot be approved. We've seen people here struggle to obtain a PCC where there have been credit card debt issues in the UAE. Have your charges in the UAE been completely cleared? Do you still have any outstanding money or penalties to pay? If you still have outstanding money / penalties to pay, you need to deal with that now.

YES, i would be mentioning all the details of my conviction. I have also applied for the PCC from Dubai. Moreover, there is no more outstanding there as the case was cleared after my conviction.

Am hoping that the PCC is issued, irrespective if they mention the conviction or not, as this episode took place 10 years back. But what so ever, I would still be mentioning the details on the Spousal application, with the intention that this is not considered as a misinterpretation & they somehow accept my application.

 

[Forte]

I believe that there's a clause in Canadian immigration law that says something to the effect of, "a finding of misrepresentation cannot be inputed from a separate application into another application".

 

[Gardner2205]

I believe that there's a clause in Canadian immigration law that says something to the effect of, "a finding of misrepresentation cannot be inputed from a separate application into another application".

Could you elaborate on that. If I've understood you clearly, would it state that a misinterpretation on my TRV if not repeated on my spousal application would NOT be deemed as a misinterpretation .. Or is it otherwise..

 

[Forte]

Could you elaborate on that. If I've understood you clearly, would it state that a misinterpretation on my TRV if not repeated on my spousal application would NOT be deemed as a misinterpretation .. Or is it otherwise..

Yes your understanding is correct. I hope my memory serves me right though. But i believe that's also what scylla might have been referring to.

 

[Gardner2205]

Yes your understanding is correct. I hope my memory serves me right though. But i believe that's also what scylla might have been referring to.

Well then that's what I am going to do, go out in all honesty and mention my conviction and hope that I am given the benefit of the doubt...

 

[Forte]

Well then that's what I am going to do, go out in all honesty and mention my conviction and hope that I am given the benefit of the doubt...

Yeah you have no choice anyway.

 

[canuck_in_uk]

Could you elaborate on that. If I've understood you clearly, would it state that a misinterpretation on my TRV if not repeated on my spousal application would NOT be deemed as a misinterpretation .. Or is it otherwise..

A person can most certainly be found to have committed misrepresentation if the information in a new app shows that they lied in a previous app. However, it is up to the VO whether to decide to go through with a misrepresentation case or leave it.

Also, IRCC judges foreign convictions against the Canadian criminal code. It is NOT a criminal offence in Canada to not pay credit card debts, so there really was no need to hide it on the TRV application.

 

[Gardner2205]

I got a clean PCC from Dubai...now what. Should I stick to the NO's as on my TRV or should I declare my jail time

 

[Miraclejj]

I got a clean PCC from Dubai...now what. Should I stick to the NO's as on my TRV or should I declare my jail time

Seniors had provided you very good suggestions regarding your issue, and yet, you wanted to cut the corner. Well, do whatever you wanted. Just give you examples, I found in some US applicants‘ cases’, their FBI PCC came in clean, and CIC still found their prior charges. So, you can figure this out by yourself.

 

[Gardner2205]

After getting a clear PCC form dubai, this is what I have done on my application.

a) the question mentioning if I was convicted of criminal charges in any country - I mentioned NO - as i did on my TRV
b) the question mentioning if I was jailed - I mentioned YES - and put my explanation that I was put in Jail for my credit card debts, and that for question of criminal charges I mentioned NO, because it was a jail time. I also added that despite my PCC being clear, I would still like to state my Jail Time, as its nothing but the Truth which I do not want to hide from CIC

I hope i did the right thing by following the above.