Possible misrepresentation?

[rasmy]

I came to Canada in 2011 and applied for refugee status. My refugee status application was successful. In 2012 i applied for my permanent residency and was helped with the application by Migrant services agency since i was not conversant with the application process. However, years after being granted permanent residency status i discovered that the agency did not include my dependent children in my permanent residency application despite giving them a copy of my refugee status application form and PIF form which listed my children and family members. Recently i applied to sponsor my dependent children but my case was refered to secondary for official review of eligibility.
However i am now concerned that my sponsorship will be denied and misrepresentation report filed against me which can jeopardize my permanent residency and bar me from ever sponsoring my children. Please advice. Thanks.

 

[profiler]

I came to Canada in 2011 and applied for refugee status. My refugee status application was successful. In 2012 i applied for my permanent residency and was helped with the application by Migrant services agency since i was not conversant with the application process. However, years after being granted permanent residency status i discovered that the agency did not include my dependent children in my permanent residency application despite giving them a copy of my refugee status application form and PIF form which listed my children and family members. Recently i applied to sponsor my dependent children but my case was refered to secondary for official review of eligibility.
However i am now concerned that my sponsorship will be denied and misrepresentation report filed against me which can jeopardize my permanent residency and bar me from ever sponsoring my children. Please advice. Thanks.

It's not misrepresentation of you didn't intend to decieve.

I recently heard testimony at the Immigration Committee regarding this type of issue. CIC and MPs are aware of it. I would reach out to your MP on this one, because there was talk of fixing that policy.

 

[rasmy]

It's not misrepresentation of you didn't intend to decieve.

I recently heard testimony at the Immigration Committee regarding this type of issue. CIC and MPs are aware of it. I would reach out to your MP on this one, because there was talk of fixing that policy.

Thanks a lot. I am kind of relieved now. Will give the application some time before i approach my MP.

 

[profiler]

Thanks a lot. I am kind of relieved now. Will give the application some time before i approach my MP.

I would actually suggest approaching them as early as tomorrow. Don't wait for problems. Get help right away, because they meet frequently.

 

[rasmy]

I would actually suggest approaching them as early as tomorrow. Don't wait for problems. Get help right away, because they meet frequently.

What are the likely problems that can arise if i wait a bit longer?

 

[profiler]

What are the likely problems that can arise if i wait a bit longer?

The suggestion comes because policy right now is to deny forever. Your MP (or an MP on the standing committee) can raise and defend you at the highest levels. That's likely the only way.

 

[rasmy]

The suggestion comes because policy right now is to deny forever. Your MP (or an MP on the standing committee) can raise and defend you at the highest levels. That's likely the only way.

Right i don't know why my application went to secondary assessment review. Basically this is the email is got from CIC.

"This refers to the Application to Sponsor a Member of the Family Class you submitted to this office on
behalf of .............
This is to acknowledge receipt of your sponsorship application and to advise that your file is presently
pending review by an officer. You will be contacted in the future if further information is required or as
soon as the decision on your application is finalized.

 

[Rob_TO]

It's not misrepresentation of you didn't intend to decieve.

I recently heard testimony at the Immigration Committee regarding this type of issue. CIC and MPs are aware of it. I would reach out to your MP on this one, because there was talk of fixing that policy.

It's still considered misrepresentation, as he was responsible for all forms at the time even if they were handled through an agency. The "intent" is impossible to prove now anyways. Else nobody would ever be accused of misrepresentation since everyone would just claim they made unintentional mistakes.

Whether there is talk on changing this rule or not, the truth right now is that if family members are not declared in your own PR app, they are forever banned from being sponsored under family class.

Perhaps some day they will change this rule, but for now this is unfortunately the direction I would expect this case to go if he tries to continue with the sponsorship route.Of course there is no harm in approaching MPs, perhaps he will get lucky and someone higher up will take interest in his case.

 

[rasmy]

It's still considered misrepresentation, as he was responsible for all forms at the time even if they were handled through an agency. The "intent" is impossible to prove now anyways. Else nobody would ever be accused of misrepresentation since everyone would just claim they made unintentional mistakes.

Whether there is talk on changing this rule or not, the truth right now is that if family members are not declared in your own PR app, they are forever banned from being sponsored under family class.

Perhaps some day they will change this rule, but for now this is unfortunately the direction I would expect this case to go if he tries to continue with the sponsorship route.Of course there is no harm in approaching MPs, perhaps he will get lucky and someone higher up will take interest in his case.

I have not withheld my family information from CIC as i have declared all my family information in my Personal Information Form and Refugee Status Application form. Apart from my family members barred from being sponsored do you think my Permanent Residency could be in jeopardy?

 

[profiler]

It's still considered misrepresentation, as he was responsible for all forms at the time even if they were handled through an agency. The "intent" is impossible to prove now anyways. Else nobody would ever be accused of misrepresentation since everyone would just claim they made unintentional mistakes.

Whether there is talk on changing this rule or not, the truth right now is that if family members are not declared in your own PR app, they are forever banned from being sponsored under family class.

Perhaps some day they will change this rule, but for now this is unfortunately the direction I would expect this case to go if he tries to continue with the sponsorship route.Of course there is no harm in approaching MPs, perhaps he will get lucky and someone higher up will take interest in his case.

Totally disagree here. This problem was literally raised with the Standing Committee in December -- CIC agreed it's not misrepresentation. Until the minister corrects CIC's bill, it's still considered such. Watch or listen to the committee and you'll hear it..

As I stated, the reason the OP should contact an MP now, is the rules state its a ban forever and possible misrepresentation. But the admission by CICs director, at the questioning of an MP, means it's possibly in flux.

Hence why an MP should be engaged ASAP.

 

[rasmy]

Totally disagree here. This problem was literally raised with the Standing Committee in December -- CIC agreed it's not misrepresentation. Until the minister corrects CIC's bill, it's still considered such. Watch or listen to the committee and you'll hear it..

Hence why an MP should be engaged ASAP.

I will appreciate if you get me the link to this deliberation at the Standing Committe in December.

 

[profiler]

I will appreciate if you get me the link to this deliberation at the Standing Committe in December.

Google this: canada standing committee immigration

I can't recall which meeting or it's date. I could likely find it tomorrow, if you're unable to find it.

 

[rasmy]

Google this: canada standing committee immigration

I can't recall which meeting or it's date. I could likely find it tomorrow, if you're unable to find it.

Will appreciate. Thanks.

 

[SaskinSeoul]

I came to Canada in 2011 and applied for refugee status. My refugee status application was successful. In 2012 i applied for my permanent residency and was helped with the application by Migrant services agency since i was not conversant with the application process. However, years after being granted permanent residency status i discovered that the agency did not include my dependent children in my permanent residency application despite giving them a copy of my refugee status application form and PIF form which listed my children and family members. Recently i applied to sponsor my dependent children but my case was refered to secondary for official review of eligibility.
However i am now concerned that my sponsorship will be denied and misrepresentation report filed against me which can jeopardize my permanent residency and bar me from ever sponsoring my children. Please advice. Thanks.

You will never be able to sponsor your children! It's the law, if you don't include dependents in the application you can never sponsor them unless you renounce your permanent residence and apply again.

Canadian immigration will review your case and possibly take action against you if they think you lied to them.

Happy New Year

 

[rasmy]

You will never be able to sponsor your children! It's the law, if you don't include dependents in the application you can never sponsor them unless you renounce your permanent residence and apply again.

Canadian immigration will review your case and possibly take action against you if they think you lied to them.

Happy New Year

Thanks for the kind words. Happy New Year!