Pls Help me with Procedural Fairness Letter

[koti]

Hi guys,

I have received the Procedural Fairness Letter as below. I claimed that I was self-employed as repairer at 2012. However, they found another employment info from my previous visa application which I did not put on my Schedule A. I totally forgot about this company. This company was hiring Financial Advisors, but turns out they were just hiring commision based insurances salesperson. I took trainning for two weeks and then quit without $1 earning. I applid my re-entry visa at that time. There were mandatory fields on the IMM5257E form. So I put the First Choice Financial Inc on there.
Now, how can I prove that I did not work for that company? Please help and give me some ideas. Thanks





I have concerns the information provided in your Schedule A is not accurate.

I also note your visa application received on 2012/01/27. You stated you are working for First Choice Financial Inc located at 101-2197 Riverside Dr Ottawa, ON.

This information is not listed on your Schedule A. You declared to have been a self- employed repairer.

Given the aforementioned concerns, I have concerns you have directly or indirectly misrepresented or withheld material facts relating to a relevant matter that induces or could induce an error in the administration of this Act.

Please note that if it is found that you have engaged in misrepresentation in submitting your application for a permanent residence in Canada as a member of the the Canadian Experience Class, you may be found to be inadmissible under section 40(1)(a) of the Immigration and Refugee Protection Act. A finding of such inadmissibility would render you inadmissible to Canada for a period of five years according to section 40(2)(a):

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

40(2) The following provisions govern subsection (1):

(a) the permanent resident or the foreign national continues to be inadmissible for misrepresentation for a period of five years following, in the case of a determination outside Canada, a final determination of inadmissibility under subsection (1) or, in the case of determination in Canada, the date the removal order is enforced.

 

[PMM]

Hi

Hi guys,

I have received the Procedural Fairness Letter as below. I claimed that I was self-employed as repairer at 2012. However, they found another employment info from my previous visa application which I did not put on my Schedule A. I totally forgot about this company. This company was hiring Financial Advisors, but turns out they were just hiring commision based insurances salesperson. I took trainning for two weeks and then quit without $1 earning. I applid my re-entry visa at that time. There were mandatory fields on the IMM5257E form. So I put the First Choice Financial Inc on there.
Now, how can I prove that I did not work for that company? Please help and give me some ideas. Thanks





I have concerns the information provided in your Schedule A is not accurate.

I also note your visa application received on 2012/01/27. You stated you are working for First Choice Financial Inc located at 101-2197 Riverside Dr Ottawa, ON.

This information is not listed on your Schedule A. You declared to have been a self- employed repairer.

Given the aforementioned concerns, I have concerns you have directly or indirectly misrepresented or withheld material facts relating to a relevant matter that induces or could induce an error in the administration of this Act.

Please note that if it is found that you have engaged in misrepresentation in submitting your application for a permanent residence in Canada as a member of the the Canadian Experience Class, you may be found to be inadmissible under section 40(1)(a) of the Immigration and Refugee Protection Act. A finding of such inadmissibility would render you inadmissible to Canada for a period of five years according to section 40(2)(a):

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

40(2) The following provisions govern subsection (1):

(a) the permanent resident or the foreign national continues to be inadmissible for misrepresentation for a period of five years following, in the case of a determination outside Canada, a final determination of inadmissibility under subsection (1) or, in the case of determination in Canada, the date the removal order is enforced.

1. You are going to have to get a letter from First Choice Financial stating that you took the training for 2 weeks, but never worked after the training and didn't receive a salary or any compensation.

 

[koti]

Hi


1. You are going to have to get a letter from First Choice Financial stating that you took the training for 2 weeks, but never worked after the training and didn't receive a salary or any compensation.

Thanks for your reply. I have another question. If I get banned for 5 years. Will it influence my common-law partner's application? We filed our own CEC application. There is no sponsorship. Thanks

 

[PMM]

HI

Thanks for your reply. I have another question. If I get banned for 5 years. Will it influence my common-law partner's application? We filed our own CEC application. There is no sponsorship. Thanks

1. Yes, if you are banned for 5 years, his/her application would be refused as a dependent you are inadmissible, meaning the principal is refused.

 

[Gregor.Samsa]

We filed our own CEC application. There is no sponsorship. Thanks

Your applications are not linked through sponsorship so your partner should be OK

 

[jes_ON]

If I get banned for 5 years. Will it influence my common-law partner's application? We filed our own CEC application. There is no sponsorship. Thanks

I'm not sure what you mean by " no sponsorship " - did you file a CEC application, and your partner file a separate CEC application?

 

[koti]

I'm not sure what you mean by " no sponsorship " - did you file a CEC application, and your partner file a separate CEC application?

Yes, we filed separate CEC applications.

 

[Naheulbeuck]

Yes, we filed separate CEC applications.

If you filed completely separately then the success or the failure of each of your applications are independent (he or she is not going to blame you for not getting his/her PR).
However it sounds like your situation can be easily explained and proof should be available to you that you did not work, contact their HR department and they should be able to help you out.

 

[jes_ON]

Yes, we filed separate CEC applications.

If you have a spouse/common-law partner, even if you each applied as Principal Applicants, you are required to include each other on your application.

If you did not, that is yet another opportunity for CIC to charge you both with misrepresentation.

If the charge of misrepresentation sticks for the omission of work experience (you should be able to explain this one), it should in fact affect your spouse's admissibility as well (if CIC catches on).

 

[koti]

Thanks guys. I got a letter from that company to prove that I did not work there.

My girl friend and I were not in common-law status when we submited our applications. We became common law last year.

 

[Gregor.Samsa]

Thanks guys. I got a letter from that company to prove that I did not work there.

My girl friend and I were not in common-law status when we submited our applications. We became common law last year.

Glad you get the letter.

You both must communicate CIC about your common-law partner.

It's a CIC Common-Law statement form

 

[jes_ON]

Thanks guys. I got a letter from that company to prove that I did not work there.

That's good !!!

My girl friend and I were not in common-law status when we submited our applications. We became common law last year.

Fair enough, but when you became common-law, that represents a change in family status, and you need to report that to CIC. Failure to inform CIC/IRCC of a change in family status is also considered misrepresentation.

Normally, they would expect you do to add a new spouse to your application, but since you both have existing applications in process, I'm not sure if they would require that or not. Best to inform them of the situation and see what they advise - perhaps they can just link the 2 applications somehow.

 

[Snoopy87]

Hi any update?

 

[Naturgrl]

Hi any update?

Post is from 2016 and OP has not been on the forum since then.