Possible misrepresentation?

[Rob_TO]

Absolutely not true. My wife was in the same situation 2 years ago. She was not aware of the rules or policies, as a lawyer filled out her Refugee Claim. She was approved as eligible to sponsor. And NO CIC did not take action against her. It's actually a good thing he had it filed through an agency as that helps with proving he was not aware of the process and or rules at the time. They shouldn't hold you reliable..."shouldn't"
You will be fine, stay positive. Just like Profiler stated just make sure you let your MP know and let him handle it. Write a brief explanation of the situation as a reference for your MP. He will probably ask for that as ours did.

Well it's not so black and white as true and untrue. If an agency prepares someone's PR app and makes mistakes or inaccurate statements in it, and the applicant then signs it, the applicant can indeed be charged for misrepresentation since they are responsible for everything they sign. However how this is applied by visa officers or judicial reviews later on is up to their discretion. We have seen cases of this where CIC does nothing, and other cases where they try to revoke PR status due to it.

We did consult with a lawyer if our case was to be denied with our original application about this route H&C route and come to find out this takes much longer. So appealing is your best route if they were to deny you eligible as a sponsor. We did not have to appeal, or go through a lawyer. Just wrote an explanation and told our MP, and sent if off.

I don't understand, were you in the same situation that a spouse/child was not declared nor did medicals in someone's own PR application, but then you later on sponsored them successfully??

 

[ProCaNaDa-MZ]

You signed the paperwork. You should know what you signing. If you don't know, you should ask. That means they can hold you liable.

I agree, they "CAN" or they "shouldn't", however the intent of CIC is not to keep families apart. Since he did use a third party to receive help with the process, it helps show that he was not clear with the process, terms, so on and so forth. He should have asked, but if they deny then CIC has to be able to justify this in court when the applicant appeals. The applicant has kids he wants to be reunited with. As long as the applicant is telling the truth and admits some things, a slap on the wrist is maybe what he will get.

Also anything could happen, I agree they may deny the appliant but some of these other posts about NEVER, and WILL NOT accept you is not true. They almost make me believe they are CIC and make the decisions....almost. haha No one can be 100% sure of what CIC will do or not do.

 

[ProCaNaDa-MZ]

I disagree here. If you engage the MP's office sooner, then you can avoid the expense, stress, and nonsense of trying to appeal. Far, far better to deal with the matter long before you need to involve a judge/justice/tribunal.

Right that's what I said, write and brief explanation, tell your MP. He shouldn't wait to let CIC know. ASAP is the best thing before actually being denied.

I was talking about after being denied. Usually they give you 30 days to appeal.

 

[ProCaNaDa-MZ]

I don't understand, were you in the same situation that a spouse/child was not declared nor did medicals in someone's own PR application, but then you later on sponsored them successfully??

I will not go into too much detail about our situation but it was very similar. She failed to include me in her app, And yes they accepted our explanation and she became eligible. Without a lawyer, or appealing, or H&C. She paid for a Consultation, discussed the issue, and we did it ourselves with an MP from there on. For this applicant the sooner he explains his position the better.

 

[ProCaNaDa-MZ]

However how this is applied by visa officers or judicial reviews later on is up to their discretion. We have seen cases of this where CIC does nothing, and other cases where they try to revoke PR status due to it.

I agree, so I am interested to see how this turns out.

 

[rasmy]

I said I would provide links to the discussions of the Committee WRT unintentional misrepresentation. It has been raised with CIC's directorship, and the Committee 4 times since October 4th 2016:

October 4 2016 - Jenny Kwan (MP, Vancouver East): https://openparliament.ca/committees/immigration/42-1/30/jenny-kwan-1/ Video: http://www.parl.gc.ca/Committees/en/Redirects/ParlVuMeetingPage?MeetingId=9039187

October 20 2016 - Jamie Liew (Imm. Lawyer): https://openparliament.ca/committees/immigration/42-1/33/jamie-liew-1/ Audio Recording: http://www.parl.gc.ca/Committees/en/Redirects/ParlVuMeetingPage?MeetingId=9155113

October 27, 2016 - Vilma Filici (Rep. From CAPIC): https://openparliament.ca/committees/immigration/42-1/35/vilma-filici-9/ Audio Recording: http://www.parl.gc.ca/Committees/en/Redirects/ParlVuMeetingPage?MeetingId=9177974

November 24, 2016 - Salma Zahid (MP, Scarborough Centre): https://openparliament.ca/committees/immigration/42-1/41/salma-zahid-8/ Audio Recording: http://www.parl.gc.ca/Committees/en/Redirects/ParlVuMeetingPage?MeetingId=9245280

During this meeting, Ms Zahid stated:
"
Right now we understand that children not included in the original immigration applications cannot be sponsored at a future date. This is even if the applicant was not aware of the child or did not intend to hide the child or misrepresent that on the application. Several witnesses raised cases where this rule caused hardships and unfairness. If given the flexibility, do you believe your officials would be able to determine between cases of fraudulent misrepresentation and innocent mistakes?
"

Robert Orr, Asst Deputy Minister, Operations, Department of Citizenship and Immigration's response:
"
The excluded family member clause is very much intended to prevent people who are not declared being sponsored at a later stage. It's to encourage full disclosure at the time of application and very much to help to prevent fraud, to protect the health, safety, and security of Canadians, and so on.

For those cases that are exceptional, there is the humanitarian and compassionate application process, which is available to those individuals. That is a safety valve, if you like, for those sorts of exceptional circumstances.
"

All are worth a read. I will re-iterate that visiting the MP's office as soon as possible is the best option. They have free legal counsel in the office, and will be able to act as the most efficient representation to CIC.

Thank you very much. I will reach out to my MP and seek his help about this. You have been of great help.

 

[Rob_TO]

I will not go into too much detail about our situation but it was very similar. She failed to include me in her app, And yes they accepted our explanation and she became eligible. Without a lawyer, or appealing, or H&C. She paid for a Consultation, discussed the issue, and we did it ourselves with an MP from there on. For this applicant the sooner he explains his position the better.

Was this a refugee case? Perhaps they are treated a bit differently.

You have to realize there are many many cases of this on record, and 99.9% of them end in refusals after going through appeals process. CIC to date has been incredibly strict in enforcing this rule and refusing to waive it no matter the H&C reasons.

 

[profiler]

Thank you very much. I will reach out to my MP and seek his help about this. You have been of great help.

You bet. Best of luck!

 

[ProCaNaDa-MZ]

Thank you very much. I will reach out to my MP and seek his help about this. You have been of great help.

Was this a refugee case? Perhaps they are treated a bit differently.

You have to realize there are many many cases of this on record, and 99.9% of them end in refusals after going through appeals process. CIC to date has been incredibly strict in enforcing this rule and refusing to waive it no matter the H&C reasons.

It looks like the person who created this forum is satisfied with the advice and tips given from everyone. No need to keep discussing my situation for argument sake.
since the original post creator is moving on, I am too. I wish him the best of luck.

Cheers,

 

[rasmy]

It looks like the person who created this forum is satisfied with the advice and tips given from everyone. No need to keep discussing my situation for argument sake.
since the original post creator is moving on, I am too. I wish him the best of luck.

Cheers,

I am grateful with your contribution to this discussion. I think we should keep it open so that anyone in my sitaution can gain from it.

 

[rasmy]

Am not sure if Bill C-333 will try to address issues regarding misrepresentation. Here is a summary of the bill.

SUMMARY
This enactment amends the Citizenship Act to, among other things,
(a) permit certain persons who lost their Canadian citizenship for a specified reason to regain citizenship;
(b) allow a person to acquire Canadian citizenship despite being born outside Canada to a Canadian parent who was born outside Canada if the person establishes that the parent has or had a substantial connection to Canada;
(c) provide for a hearing by the Immigration Appeal Division before a person’s citizenship may be revoked for false representation or fraud or for knowingly concealing material circumstances;
(d) limit the period for which the Minister may suspend the processing of an application for citizenship;
(e) provide that the prohibition against granting citizenship does not apply in respect of a person who was dealt with under the Youth Criminal Justice Act or would have been if the offence had been committed in Canada; and
(f) clarify that no decision, action or declaration may be made that would render a person stateless.
It also amends the Immigration and Refugee Protection Act to repeal provisions related to inadmissibility and loss of status resulting from the cessation of refugee protection for permanent residents.

 

[profiler]

Am not sure if Bill C-333 will try to address issues regarding misrepresentation. Here is a summary of the bill.

SUMMARY
This enactment amends the Citizenship Act to, among other things,
(a) permit certain persons who lost their Canadian citizenship for a specified reason to regain citizenship;
(b) allow a person to acquire Canadian citizenship despite being born outside Canada to a Canadian parent who was born outside Canada if the person establishes that the parent has or had a substantial connection to Canada;
(c) provide for a hearing by the Immigration Appeal Division before a person’s citizenship may be revoked for false representation or fraud or for knowingly concealing material circumstances;
(d) limit the period for which the Minister may suspend the processing of an application for citizenship;
(e) provide that the prohibition against granting citizenship does not apply in respect of a person who was dealt with under the Youth Criminal Justice Act or would have been if the offence had been committed in Canada; and
(f) clarify that no decision, action or declaration may be made that would render a person stateless.
It also amends the Immigration and Refugee Protection Act to repeal provisions related to inadmissibility and loss of status resulting from the cessation of refugee protection for permanent residents.

No that bill won't. It's a private member's bill tabled by Jenny Kwan. Did your MP have any recommendations?

 

[rasmy]

No that bill won't. It's a private member's bill tabled by Jenny Kwan. Did your MP have any recommendations?

I have to call his office. I am out of town right now. Should i have to go to his office or a call will do?

 

[profiler]

I have to call his office. I am out of town right now. Should i have to go to his office or a call will do?

Depends on the MP. Marwan Tabbara's office permitted me to call. They emailed me the authorisation form to pass to CIC when they spoke on our bahalf. We were able to deliver this by email and they were able to secure an answer within 2 hours of my initial call.