Penalty for misrepresentation

[Jungle girl]

From doing some research on this forum I believe my husband committed misrepresentation not understanding how serious it is. While we were engaged he tried to enter Canada to visit me, he was sent for second questioning and they asked him about our relationship. He said that we were just friends as thought saying we were engaged would cause them to deny him entry. In the end he was denied entry anyway for other reasons. We have recently sent our outland spousal sponsorship application. We disclosed his denied entry but didn't mention anything about his lie about our relationship. I understand the penalty for misrepresentation is a 2 year ban on entering Canada.

- does it also automatically lead to a sponsorship denial?
- if we are denied, can we reapply after the 2 year ban? Or will I forever be barred from sponsoring him?
- is there a chance they won't care or won't find out?
- would sending a letter now fessing up help?

I'm very worried his stupid mistake is going to have long last repercussions for our family. Thank you for your help.

 

[Turbo2000]

There shouldn't be any problem except you had lived in a conjugal relationship (together) for up to a year prior to applying.

If you didn't live together for that duration, you will be ok. It's not misrepresentation.

Except for the other reasons he was initially denied entry that you didn't mention.

When and where did u get married ? when was he denied entry ?

From doing some research on this forum I believe my husband committed misrepresentation not understanding how serious it is. While we were engaged he tried to enter Canada to visit me, he was sent for second questioning and they asked him about our relationship. He said that we were just friends as thought saying we were engaged would cause them to deny him entry. In the end he was denied entry anyway for other reasons. We have recently sent our outland spousal sponsorship application. We disclosed his denied entry but didn't mention anything about his lie about our relationship. I understand the penalty for misrepresentation is a 2 year ban on entering Canada.

- does it also automatically lead to a sponsorship denial?
- if we are denied, can we reapply after the 2 year ban? Or will I forever be barred from sponsoring him?
- is there a chance they won't care or won't find out?
- would sending a letter now fessing up help?

I'm very worried his stupid mistake is going to have long last repercussions for our family. Thank you for your help.

 

[canuck_in_uk]

We have recently sent our outland spousal sponsorship application. We disclosed his denied entry but didn't mention anything about his lie about our relationship. I understand the penalty for misrepresentation is a 2 year ban on entering Canada.

I'm very worried his stupid mistake is going to have long last repercussions for our family. Thank you for your help.

Don't worry about it and do not contact CIC about it.

 

[Jungle girl]

Thank you both so much for replying. I have been so stressed and worried about this for the last few days, you have made me feel much better.

The longest period of time we have ever lived together continuously is 2 months so no issue being common law. His denial happened 8 months before we got married. He was denied for having too much stuff and not enough money to enter Canada. Like I said we were honest about that in the application so hope it won't be a big issue being denied entry to Canada for those reasons.

Is there any point in me trying to get notes about the denial to see if they even mention the just friends part? Or it really won't matter anyway? Thank you.

 

[canuck_in_uk]

Is there any point in me trying to get notes about the denial to see if they even mention the just friends part? Or it really won't matter anyway? Thank you.

Won't matter.

 

[taffy7]

As Canuck said don't worry about it. Leave it be .

 

[Gemmie]

My husband was denied entry to Canada for having to much stuff and not enough ties to the USA and given
a list of things he needed to prove before he could enter.
We also let them know about that on the application and there was no problems with our application from that.

 

[Jungle girl]

Thanks again everyone for the advice. I will just leave it be and try not to worry.

Thank you Gemmie for your story, makes me feel better about that part too.

So glad I found this forum. I should sleep better tonight

Best wishes to everyone else waiting and congratulations to those already approved.

 

[zardoz]

Just for clarification : misrepresentation carries a 5 years ban now, not 2. It was increased to make it more of a deterrent.

 

[bradybunchmom]

Just curious what is considered misrepresentation?

 

[zardoz]

Just curious what is considered misrepresentation?

http://www.cic.gc.ca/english/information/protection/fraud/document.asp

More detailed information at http://www.cic.gc.ca/english/resources/manuals/enf/enf02-eng.pdf in Section 10, IIRC.

 

[Ponga]

http://www.cic.gc.ca/english/information/protection/fraud/document.asp

More detailed information at http://www.cic.gc.ca/english/resources/manuals/enf/enf02-eng.pdf in Section 10, IIRC.

Interesting read. It's nice to know that it's not simply cut and dry and that the officers are encouraged to consider that sometimes honest people make a simple mistake in their application.

+1

 

[bradybunchmom]

Thank you Zardoz!!

 

[SatThak]

I stated my wife as a childhood friend to bring her over to Canada after marriage. She is already here and we are now planning to file for her sponsorship application. We got married two months after she got her visa in our home country. At the time of our entry to Canada, we were asked by the CBSA offcer that why didn't i mention in the invitation letter that she was more than a friend? I told that we were not dating or engaged at that time (which is true as this being an arranged marriage), he allowed us entry with a time limit for which I have already applied for extension. I went to a immigration lawyer and hes asking us to put the actual events as they've happened in our story rather than what I've already stated to the CBSA officer and on the invitation letter. I met my wife in my home country and liked her, we did not get engaged that time as we still needed more time; I came back to Canada and applied for her visitor visa stating her to be a childhood friend (what other relation should I've written she wasn't a fiance or a girlfriend) she never came to Canada alone and we came together after our marriage. Now what should I write in the spousal application where they ask for the details on when and how did the relationship progressed and other details?

 

[jojoincanada]

Hello. Just jumping to this old post because of worrying about immigration process. Senior members, please give your advice on this. @canuck_in_uk @scylla

I recently sent the sponsorship app with my partner (inland), no AOR yet. We were living together for 1 year which was possible because I got into International Experience Canada program and got work permit. Then stayed on visitor record.
Application is solid but what REALLY bothers me is what I said to the officer when I came for IEC program, when he was issuing my work permit. I remember questioning was smooth, but I don't remember if I disclosed that I'm coming to boyfriend or if, instead, I said something stupid like "ill be staying with a friend" (instead of calling him boyfriend), or something like that. Of course in the application it's made quite obvious and truthful that we lived together just after my arrival with IEC and that we were long distance before.

I'm so mad at myself and worried that it can completely ruin not only our file but maybe even cause a ban. But the damage is (possibly) done. Now i'm scared that IF officer made a note about it, CIC will see it (staying with "friend", while it was actually boyfriend) and charge me with misrepresentation.

Following question would be:
1. how serious can it get?
2. is there any way to get the records of that entry? Is there a way to order GMCS showing ALL immigration file (all entries, all application, officer notes etc.) of the person? Or maybe order CBSA notes instead? Any advice? If I could only see what I have said years back, it might have bring me huge relief