R.O. MISREPRESENTATION INVESTIGATION : NEED URGENT ADVISE!!!

[Chrysanthemum]

Need Advise from Senior Members on this Forum, Please:

I became a PR in Feb. 2008. Applied for PR Card Renewal in Dec. 2012 and received the new PR Card by mail in Feb. 2013. I have clearly not met the Residency Obligation, because I was travelling back and forth and working mostly across the border. Yes, I lied in the application about the residency obligation, sorry! However, my husband (we became PRs together at the same time), who lived and worked in Canada, did not get justice he deserved. He applied for Citizenship in late 2011 and went for the test, and later got RQ in the mail. Responded appropriately and still waiting for their response and it has been almost 3 years now! We actually applied for PR Card Renewal at the same time, but he never got his card, instead they wrote requesting more evidence. Still nothing after 2 years! I, on the other hand, also got letters requesting more evidence to prove I lived inside Canada. I sent them what I had. All this is after I received my PR Card in the mail. Did they not know that I was already issued a new PR Card? I wrote them a letter and said I already have the PR Card and hoping the issue is now resolved. They promptly wrote back to say that they are conducting a "Misrepresentation Investigation" and the matter is not resolved yet! That scared me a bit. I do not want any inadmissibility or deportation issues, because I still need to be able to visit my husband in Canada at least once in 3 weeks.

My question is this: Can I relinquish my PR status at this time? I understand that withdrawal of my PR Card Application will not stop investigations. If I were to voluntarily relinquish my PR status, will it affect my husband's applications for Citizenship and PR Card Renewal? I believe both his applications are frozen due to the discrepancy of dates on mine. My husband will be able to sponsor me at a later date.

Please give me some advise. Thanks!

 

[eileenf]

You need to talk to an immigration lawyer.

 

[zardoz]

Absolutely agree. Misrepresentation is actually a criminal offence, not just an immigration problem. You could be in serious trouble and this is a time to call in the professionals.

 

[scylla]

And misrepresentation now carries a 5 year ban from re-entering Canada. Agreed it's time to get a good lawyer.

 

[eileenf]

I also want to add that if you lie or make errors in the application, you need to talk to a lawyer and fix it ASAP if you wish to rescue any goodwill from the situation. Doubling down and sending the cic incomplete and/or false evidence in response to their investigation makes the bad intentions and lack of respect for the rules clear.

So, I'm doubtful that surrendering "voluntarily" (after persisting with this lie for 2 years) will engender much goodwill at this point. But, this is not something to sort out on the internet.

Lawyer.

 

[Alurra71]

Need Advise from Senior Members on this Forum, Please:

I became a PR in Feb. 2008. Applied for PR Card Renewal in Dec. 2012 and received the new PR Card by mail in Feb. 2013. I have clearly not met the Residency Obligation, because I was travelling back and forth and working mostly across the border. Yes, I lied in the application about the residency obligation, sorry! However, my husband (we became PRs together at the same time), who lived and worked in Canada, did not get justice he deserved. He applied for Citizenship in late 2011 and went for the test, and later got RQ in the mail. Responded appropriately and still waiting for their response and it has been almost 3 years now! We actually applied for PR Card Renewal at the same time, but he never got his card, instead they wrote requesting more evidence. Still nothing after 2 years! I, on the other hand, also got letters requesting more evidence to prove I lived inside Canada. I sent them what I had. All this is after I received my PR Card in the mail. Did they not know that I was already issued a new PR Card? I wrote them a letter and said I already have the PR Card and hoping the issue is now resolved. They promptly wrote back to say that they are conducting a "Misrepresentation Investigation" and the matter is not resolved yet! That scared me a bit. I do not want any inadmissibility or deportation issues, because I still need to be able to visit my husband in Canada at least once in 3 weeks.

My question is this: Can I relinquish my PR status at this time? I understand that withdrawal of my PR Card Application will not stop investigations. If I were to voluntarily relinquish my PR status, will it affect my husband's applications for Citizenship and PR Card Renewal? I believe both his applications are frozen due to the discrepancy of dates on mine. My husband will be able to sponsor me at a later date.

Please give me some advise. Thanks!

I can't give you advise regarding your misrepresentation above that of what the others have already stated. Get a lawyer, a good one, you're going to need it.

On a more personal note regarding the bolded statement in your original post. I am absolutely floored at your response about how you did it only for justice for your spouse. The levels of wrong in that statement alone are far too numerous for me to even get in to.

 

[keesio]

I also want to add that if you lie or make errors in the application, you need to talk to a lawyer and fix it ASAP if you wish to rescue any goodwill from the situation. Doubling down and sending the cic incomplete and/or false evidence in response to their investigation makes the bad intentions and lack of respect for the rules clear.

So, I'm doubtful that surrendering "voluntarily" (after persisting with this lie for 2 years) will engender much goodwill at this point. But, this is not something to sort out on the internet.

Lawyer.

Agreed. Not only did the OP lie on her application, but she jeopardized her husband's application and PR status because of his association with her being his spouse.

 

[Msafiri]

Chrysanthemum,

1. Concur with the solid advise proffered seek legal advice.

2. Successive case law shows issuance of a PR card in error by CIC does not 'forgive' any misrepresentation. In this case especially since you were issued a card based on lies it would be a slam dunk easy wrap up at trial.

3. You can relinquish your PR voluntarily - this may or may not result in CIC dropping the investigation...discuss with your lawyer.

4. If your spouses citizenship application included you then the RQ will not be resolved until your PR and RO situation are cleared.

5. If he was a sole applicant he should check the citizenship section of the thread for writ of mandamus threads....he should not be jeopardized by your lies (this is what I infer your comment pertaining to him not getting the justice he deserved to be). He can decide if to follow up with a lawyer as to a writ. As a first step he should ask for his GCMS case files through the ATIP process - again plenty of threads on the citizenship section on this.

6. Point 5 above assumes he has clean hands...if he also has fudged RO days for PR or any days for citizenship he better withdraw his citizenship application.

7. Putting aside the moral issues of your lies to one side the legal issue is of utmost seriousness...misrepresentation clauses in the IRPA will make you inadmissible.....you are down a most slippery slope and your very future in Canada is in jeopardy...again talk to a lawyer ASAP.

 

[eileenf]

Chrysanthemum,
5. If he was a sole applicant he should check the citizenship section of the thread for writ of mandamus threads....he should not be jeopardized by your lies (this is what I infer your comment pertaining to him not getting the justice he deserved to be). He can decide if to follow up with a lawyer as to a writ. As a first step he should ask for his GCMS case files through the ATIP process - again plenty of threads on the citizenship section on this.

6. Point 5 above assumes he has clean hands...if he also has fudged RO days for PR or any days for citizenship he better withdraw his citizenship application.

Presumably the husband lied in his RQ about where the spouse was living "Question 10: Where have all your family members (e.g. spouse...) lived during the relevant period?". He may be vulnerable to fraud and misrepresentation proceedings as well.

It's another reminder that one should never prioritize consistency over honesty when dealing with the CIC.


Lawyer.

 

[dpenabill]

Yep, lawyer-up, soon, very soon.

That said, not all misrepresentations are created equal. In particular, CIC distinguishes material misrepresentations from other, let us say, not-so-accurate statements (or omissions) of fact.

Even if there was a material misrepresentation, the nature of it can have a big impact on what the consequences are. Mitigating circumstances can help.

But to navigate the process now, especially once an investigation into misrepresentation has begun, really demands help from a qualified, legal professional, a reputable Canadian immigration lawyer.

Reminder: issuance of new or replacement PR card, and dates of its validity, are essentially irrelevant to any admissibility examination.

 

[Patel7785]

CBSA filed two allegation reports criminal inadmisbility and misrepresentation against me.i was on open work permit as my wife was on study visa.
This incident happened on 27 Oct 2017.they requested me for admissibility hearing by i the time I decided to voluntarily return to home country by surrendering wp approved by CBSA officer.
I have investigate about issue came to my nowledge that I was working in company as sales manager where there was cheque return case in which I was acquittal but I didn't was aware about situation..however there were two allege charges but we're quashed by court.So now can I file fresh TRV? As my visa is expired.i also recently got MPNP approved and letter of support from province with employees offer letter..what would be changed..Can somebody advice?

 

[Buletruck]

If CBSA/IRCC have ongoing investigations against you for misrepresentation and criminal inadmissibility, you can expect any application to be refused (or at least held until the investigations are complete). Provincial support and an offer letter won’t make any difference.

 

[Patel7785]

If CBSA/IRCC have ongoing investigations against you for misrepresentation and criminal inadmissibility, you can expect any application to be refused (or at least held until the investigations are complete). Provincial support and an offer letter won’t make any difference.

I was in Canada when cbsa asked me for an interview and requested details ,i tried contacting company but due to their privacy act they ask e to return to he country for clarification.i have requested CBSA officer to return voluntarily and he allowed me.i came back got all documents where my name was involved as I was sales manager to issue cheques on behalf of company..Company has also issued me for this incident happen due to privacy act of company was unable to retrieve serials until matters resolves.howeer i was acquittal as per courts order..Is tere hope with clarification if I apply? As officer when I voluntarily return requested to surrender permits,and reminded me that to return back need to apply from new Delhi office ..I have requested CBSA disclosure on 19th dec..On 16th jan received reply for extension of 90 days


And alat week again still more 2 weeks..What is timeline for same?Would you please advice

 

[Buletruck]

however there were two allege charges but we're quashed by court.

Sorry, it’s a bit unclear. Have you been acquitted of all charges against you? You say you were cleared of one charge, but are there additional charges pending? What was the misrepresentation investigation related to, work or immigration?

 

[Patel7785]

Sorry, it’s a bit unclear. Have you been acquitted of all charges against you? You say you were cleared of one charge, but are there additional charges pending? What was the misrepresentation investigation related to, work or immigration?

I got open work permit in aug2016...I have mentioned that gt refuse 2 times usa and 2 times in canada in history not sure about dates.but CBSA officer asked me that why you haven't mention that there was ongoing trial on you...As when I left company in Sept 2016 company has restricted me to disclose legal issue in market until mater resolves..But it was almost on final hearing in Feb 2018..There were two pending charges both were ordered by court to quash.so i was free from issue of criminal inadmisbility.now que was have you eer been charged with,een arrested for any criminal offence where I have marked No as answer.so officer doubted that it's consider as been charged with however it was not frame it was on allegation stage.i have order copy too now.