Urgent need of advice! Honest application, but worried of misrepresentation

[AnnaQC]

Hello! I would like to ask for advice, especially from Senior Members of this forum. I have a situation which succesfully prevents me from sleeping at night and causes lots of stress and fear of misrepresenation / 5 years ban, even though our application is 100% honest.

We submitted inland sponsorship PR application in July 2019. We filled everything correctly, we've been totally honest and sent everything needed. I consider our application pretty strong. We did not get any feedback yet, only that it was delivered.

The problem:

1) We filled Declaration of Common-Law Union form. We signed it in front of notary public. Then after we realized, that, on the from we:
a) forgot to write country in the field on the top of the IMM for
b) the sponsor's name is not written exactly as in passport (missed "-" between the first and last part of his name, example: in the passport "John Mayer-Roy", on the form "John Mayer Roy).
Without further thinking, we just added the country (Canada) and added a little bar between his name, so it looks exactly as in sponsor's passport.

2) In the sponsorship application, we've put that form together with the documents for OWP, we also made copy of it, and put it further in the file, in the place for "civil status documents", according to the checklist. I also added a note on a separate sheet that "the original form is submitted in this application, together with all documents needed for OWP"

3) I applied online for extension as a visitor to keep legal status. I added letter of explanation to explain that we applied for PR and that's why I'm asking extension, also I attached receipts for PR, scan of my current visitor record, and scan of Common-Law Union Form. After submitting i realized that I uploaded the copy made BEFORE the changes we made on the form. So it's slightly different than the original that I submitted with PR. That made me think (and panic!) if the copy submitted in the PR app, where I also submitted with orginal, is also different (although I'm 90% sure I made another copy after the changes and they are the same. But since I can't see it, I panic a little about that too).

QUESTION: I am absolutely freaking out: a) if someone will compare this in such a detailed way (PR app and Visitor extension app; also PR app, comparing copy and original) b) if it will be caught - is this misrepresentation? Is this risking a possible ban? Or, if there is difference between original and copy, the document can be just found unvalid, since we added something. I repeat, there was no lie or false statement. We are 100% honest, just corrected the name so it is exactly as in passport!

I could still withdraw Extension App (just sent it, and, in fact, I left the country for a family visit, so I have valid reason to withdraw, I should not submit it at all actually...). I could withdraw PR too, but here, as I say, I am ALMOST sure the orginal and copy I submitted are the same... I cannot believe we've put ourselves in that situation, but once it's done, I can only seek advice here.

 

[Mar1219]

Hello! I would like to ask for advice, especially from Senior Members of this forum. I have a situation which succesfully prevents me from sleeping at night and causes lots of stress and fear of misrepresenation / 5 years ban, even though our application is 100% honest.

We submitted inland sponsorship PR application in July 2019. We filled everything correctly, we've been totally honest and sent everything needed. I consider our application pretty strong. We did not get any feedback yet, only that it was delivered.

The problem:

1) We filled Declaration of Common-Law Union form. We signed it in front of notary public. Then after we realized, that, on the from we:
a) forgot to write country in the field on the top of the IMM for
b) the sponsor's name is not written exactly as in passport (missed "-" between the first and last part of his name, example: in the passport "John Mayer-Roy", on the form "John Mayer Roy).
Without further thinking, we just added the country (Canada) and added a little bar between his name, so it looks exactly as in sponsor's passport.

2) In the sponsorship application, we've put that form together with the documents for OWP, we also made copy of it, and put it further in the file, in the place for "civil status documents", according to the checklist. I also added a note on a separate sheet that "the original form is submitted in this application, together with all documents needed for OWP"

3) I applied online for extension as a visitor to keep legal status. I added letter of explanation to explain that we applied for PR and that's why I'm asking extension, also I attached receipts for PR, scan of my current visitor record, and scan of Common-Law Union Form. After submitting i realized that I uploaded the copy made BEFORE the changes we made on the form. So it's slightly different than the original that I submitted with PR. That made me think (and panic!) if the copy submitted in the PR app, where I also submitted with orginal, is also different (although I'm 90% sure I made another copy after the changes and they are the same. But since I can't see it, I panic a little about that too).

QUESTION: I am absolutely freaking out: a) if someone will compare this in such a detailed way (PR app and Visitor extension app; also PR app, comparing copy and original) b) if it will be caught - is this misrepresentation? Is this risking a possible ban? Or, if there is difference between original and copy, the document can be just found unvalid, since we added something. I repeat, there was no lie or false statement. We are 100% honest, just corrected the name so it is exactly as in passport!

I could still withdraw Extension App (just sent it, and, in fact, I left the country for a family visit, so I have valid reason to withdraw, I should not submit it at all actually...). I could withdraw PR too, but here, as I say, I am ALMOST sure the orginal and copy I submitted are the same... I cannot believe we've put ourselves in that situation, but once it's done, I can only seek advice here.

Take a deep breath my friend, I think you are way overthinking things. I’m not a senior, our app was submitted March 5 but I have some knowledge. Submitting copies of documents is perfectly fine unless the PA’s country requirements says specifically to submit the originals.

Also, as far as the small mistakes such as - as you mentioned, I would just give them a call and ask what’s the best thing to do. Missing information such as Country on any forms could make your app get returned if anything, but I can hardly see how small mistakes like this would be ground for a ban. I’ve seen applicants get banned for misrepresentation for example, saying they have no criminal record, or that they have never been sponsored before if they actually have. You won’t be banned for missing a dash in the last name!

I’ve seen many posts where applicants have misspelled names on applications, it just needs to be corrected via webform, or give them a call first thing in the morning.

Hope this helps and if I am wrong someone else please correct me.

 

[21Goose]

You cannot change a statutory declaration after a notary public has signed it. That negates the entire purpose of a statutory declaration and it's a big deal.

You may say you're being honest, but changing a StatDec is not being honest. That document is not a simple form. It holds legal weight. The correct thing to have done was get a new, corrected form certified and submitted that.

Yes, they very well might compare your forms in that much detail. That's their job.

Changing a name is significant, adding a country is significant as well. John Major-Blatt and John Major Blatt are not the same person. It's not so much the changes, however - it's the fact that you changed a certified/notarized statutory declaration.

Let other people comment as well, but in my opinion

1. You should immediately get a new Declaration of Common-Law Union certified and upload that. This time, make sure it's correct.
2. Upload this new form using the IRCC Webform (https://secure.cic.gc.ca/enquiries-renseignements/canada-case-cas-eng.aspx) for all your applications. Make sure you explain that this was a honest mistake on your part and you take full responsibility.

Wait and see what a few more people have to say.

 

[AnnaQC]

You cannot change a statutory declaration after a notary public has signed it. That negates the entire purpose of a statutory declaration and it's a big deal.

You may say you're being honest, but changing a StatDec is not being honest. That document is not a simple form. It holds legal weight. The correct thing to have done was get a new, corrected form certified and submitted that.

Yes, they very well might compare your forms in that much detail. That's their job.

Changing a name is significant, adding a country is significant as well. John Major-Blatt and John Major Blatt are not the same person. It's not so much the changes, however - it's the fact that you changed a certified/notarized statutory declaration.

Let other people comment as well, but in my opinion

1. You should immediately get a new Declaration of Common-Law Union certified and upload that. This time, make sure it's correct.
2. Upload this new form using the IRCC Webform (https://secure.cic.gc.ca/enquiries-renseignements/canada-case-cas-eng.aspx) for all your applications. Make sure you explain that this was a honest mistake on your part and you take full responsibility.

Wait and see what a few more people have to say.

Thank you for your answer! That's extremely helpful.

When I say that we are being honest it means that we did not lie anywhere... In fact, I think that the notary should review the form more carefully and catch the mistake, since we needed to provide our passports and she needed to check our identity. So we just corrected that so it;s same as passport. The question is - if they compare it and catch it - is it misrepresentation? Is it ground for a ban? Or just the document is invalid?

Your advice sounds reasonable - so I could upload the new form, and say that it was the honest mistake on our part that we wrote that " - " after it being notarized, and that we understood later that it makes it non valid, so we made another one. What about extension app? Wouldn't be better to just withdraw it with a valid reason that I left abroad so it's kind of unnecessary?

Also, my problem is that I will be back in Canada in 3 weeks, so I can't do the new form immediately..... also, for PR, we don't have AOR yet, so I need to wait for it to use webform, otherwise they can't "match" it with the application?


Anyone else?

 

[AnnaQC]

You cannot change a statutory declaration after a notary public has signed it. That negates the entire purpose of a statutory declaration and it's a big deal.

You may say you're being honest, but changing a StatDec is not being honest. That document is not a simple form. It holds legal weight. The correct thing to have done was get a new, corrected form certified and submitted that.

Yes, they very well might compare your forms in that much detail. That's their job.

Changing a name is significant, adding a country is significant as well. John Major-Blatt and John Major Blatt are not the same person. It's not so much the changes, however - it's the fact that you changed a certified/notarized statutory declaration.

Let other people comment as well, but in my opinion

1. You should immediately get a new Declaration of Common-Law Union certified and upload that. This time, make sure it's correct.
2. Upload this new form using the IRCC Webform (https://secure.cic.gc.ca/enquiries-renseignements/canada-case-cas-eng.aspx) for all your applications. Make sure you explain that this was a honest mistake on your part and you take full responsibility.

Wait and see what a few more people have to say.

also - adding to what I just answered you - the notarized document has a notary stamp which - at least in quebec where I am - is not visible on a copy or scan - we can only see it on the original, because it's like a transparent stamp which you can FEEL on the paper sheet (i dont know how to describe it well really, it's like braille alphabet signs on paper for someone who can't see, you can feel it under your fingers, but once you make a copy or scan it won't show). So even if I get a new one and scan and upload it, there will be notary signature, but they won't see the stamp. they'll see only if I will send original by MAIL. For extension visa that is impossible since it's online. For PR I think I could do that (?), but only once I have AOR..

 

[Mar1219]

You cannot change a statutory declaration after a notary public has signed it. That negates the entire purpose of a statutory declaration and it's a big deal.

You may say you're being honest, but changing a StatDec is not being honest. That document is not a simple form. It holds legal weight. The correct thing to have done was get a new, corrected form certified and submitted that.

Yes, they very well might compare your forms in that much detail. That's their job.

Changing a name is significant, adding a country is significant as well. John Major-Blatt and John Major Blatt are not the same person. It's not so much the changes, however - it's the fact that you changed a certified/notarized statutory declaration.

Let other people comment as well, but in my opinion

1. You should immediately get a new Declaration of Common-Law Union certified and upload that. This time, make sure it's correct.
2. Upload this new form using the IRCC Webform (https://secure.cic.gc.ca/enquiries-renseignements/canada-case-cas-eng.aspx) for all your applications. Make sure you explain that this was a honest mistake on your part and you take full responsibility.

Wait and see what a few more people have to say.

Thanks for the info! We applied spousal so I don’t know much about common law.

 

[AnnaQC]

anyone else, please?

 

[AnnaQC]

@21Goose , sorry to bother you again, but I really appreciate you feedback and I am thinking now of taking your solution. If you could maybe advice me what is your opinion on that:

1. PR app: re-do the common law union form, notarize and send it, together with an explanation that we realised that something is missing on the old one and added it after notarization, and that then we realised that, no matter that it actually made the information in the form completely truthful, at the same time it made it invalid because we added this after notarization. Apologize, admit the mistake, ask for understanding and attach the new one.

but - as I explained, since the notary seal only can be seen on the original, I would have to send it by mail, not scan, and also - I'm not in Canada, I will only be able to notarize ad send Aug 30. I might get AOR by this time, it's gonna be 1,5 month after sending. If I have AOR, can I still send it by mail? (with, I guess, app number on the envelope?). If I won't have AOR yet, can I provide all details, also UCI (I have it from previous applications) and hope they will find it and match it with the app?
[ the other option is to withdraw whole PR app, and either apply outland with new forms, including this one, or wait couple of months and re-apply inland, with new forms, including this one. In both cases, I would return to my home country for couple months, so even if I want re-apply inland, I have a valid reason for previous withdrawal, which is not being in Canada. Gonna be painful for me and my partner, but if that's a good option we would do that. Maybe you know if they return package in such case..? ]

2. Extension App: Withdraw the visitor extension app immediately, since it's irrelevant because I left Canada anyway. If they didn't start processing, it's gonna be like it was never submitted right? I only sent it 1 week ago, processing time now ~ 90 days

 

[ahmedcar]

Hi, I would suggest you to cancel your PR application and send a new one. I think at this stage they would not have scrutinized your application, they might just check it for it completeness. The option of you sending a new statuary declaration along with the explanation will turn the officer’s focus on the changes you did to your previous statdec. Even though you are being honest in admitting the changes you did but it will put a doubt in VO’s mind regarding all your other documents as well. Your app might take longer to process and you will always be anxious thinking about wether they will consider it misinterpretation or something related to it. Even an addition of - in stat dec is a big deal. That’s my opinion others might suggest you better.

Good luck

 

[canuck_in_uk]

@21Goose , sorry to bother you again, but I really appreciate you feedback and I am thinking now of taking your solution. If you could maybe advice me what is your opinion on that:

1. PR app: re-do the common law union form, notarize and send it, together with an explanation that we realised that something is missing on the old one and added it after notarization, and that then we realised that, no matter that it actually made the information in the form completely truthful, at the same time it made it invalid because we added this after notarization. Apologize, admit the mistake, ask for understanding and attach the new one.

but - as I explained, since the notary seal only can be seen on the original, I would have to send it by mail, not scan, and also - I'm not in Canada, I will only be able to notarize ad send Aug 30. I might get AOR by this time, it's gonna be 1,5 month after sending. If I have AOR, can I still send it by mail? (with, I guess, app number on the envelope?). If I won't have AOR yet, can I provide all details, also UCI (I have it from previous applications) and hope they will find it and match it with the app?
[ the other option is to withdraw whole PR app, and either apply outland with new forms, including this one, or wait couple of months and re-apply inland, with new forms, including this one. In both cases, I would return to my home country for couple months, so even if I want re-apply inland, I have a valid reason for previous withdrawal, which is not being in Canada. Gonna be painful for me and my partner, but if that's a good option we would do that. Maybe you know if they return package in such case..? ]

2. Extension App: Withdraw the visitor extension app immediately, since it's irrelevant because I left Canada anyway. If they didn't start processing, it's gonna be like it was never submitted right? I only sent it 1 week ago, processing time now ~ 90 days

How long will you actually be out of Canada? Inland requires that you be cohabiting with your partner IN Canada for the entire process. IRCC seems to accept a few weeks but anything more than that risks the app.

1. Probably won't even be noticed but you can get a new one and send it in.

2. Withdraw.

 

[AnnaQC]

How long will you actually be out of Canada? Inland requires that you be cohabiting with your partner IN Canada for the entire process. IRCC seems to accept a few weeks but anything more than that risks the app.

1. Probably won't even be noticed but you can get a new one and send it in.

2. Withdraw.

Thank you for your advice on the topic!

I'm abroad for less than 3 weeks. I've been reading about it here and it seems that 3-4 weeks would be a maximum, so hopefully that will be ok.

1. That's what I was hoping for, that it won't be noticed. Hard to believe that they will compare the original sent by mail with PR app with the scan, uploaded to visa extension app in that much detail, on the first look they really similar. Yet, once I started to stress about it, the question is raised - what IF it is noticed, and how serious it can get? (That is why I was thinking about even withdrawing PR app, waiting couple of months and re-applying, with all new forms, including this one, or applying outland instead. Because if that can be counted as misrepresentation, or faking the notarial document, even without intention to do so and that all the information provided are truthful, I would rather wait for couple of months more, even 1 year or so, than have 5 years ban)

2. I will follow your advice and withdraw extension app. If I withdraw, do they keep it in the records? Or it's like it was never submitted? Even if they have records, are the chance they they will compare every single detail are smaller? I mean, it was withdrawn after all.

 

[andybc]

Yeah you really shouldn't have made those changes on your own.

I actually was in a similar situation. I made a small typo on one of the dates of the stat dec. Only noticed a day after I went to the notary public but before sending off the app.

Went back to the notary public. He amended the existing document by crossing out the old date with a pen and adding the correct date. Then everyone initialed next to the change (notary public, PA and sponsor). And that was it. He didn't even charge us for it.

Strictly speaking, although a harmless edit that didn't substantially alter the contents of the document, the way you did it was very much illegal. I don't think it will have any consequences, but bear in mind that the notary public has a copy of the document locked away without your changes.

 

[AnnaQC]

Yeah you really shouldn't have made those changes on your own.

I actually was in a similar situation. I made a small typo on one of the dates of the stat dec. Only noticed a day after I went to the notary public but before sending off the app.

Went back to the notary public. He amended the existing document by crossing out the old date with a pen and adding the correct date. Then everyone initialed next to the change (notary public, PA and sponsor). And that was it. He didn't even charge us for it.

Strictly speaking, although a harmless edit that didn't substantially alter the contents of the document, the way you did it was very much illegal. I don't think it will have any consequences, but bear in mind that the notary public has a copy of the document locked away without your changes.

i know. you can't imagine how much regret i have over this every day. But it's done (if I will keep telling myself "I should have done 'x' instead of doing 'y'", that would be very dangerous for my mental health, which is already on the verge with all that stress).

I don't think notary made a copy of it, but i may be wrong.

 

[andybc]

i know. you can't imagine how much regret i have over this every day. But it's done (if I will keep telling myself "I should have done 'x' instead of doing 'y'", that would be very dangerous for my mental health, which is already on the verge with all that stress).

I don't think notary made a copy of it, but i may be wrong.

Yeah what's done is done. Unless someone digs REALLY deep, altering the document will go unnoticed. The change was probably way too minor for that.

 

[AnnaQC]

Yeah what's done is done. Unless someone digs REALLY deep, altering the document will go unnoticed. The change was probably way too minor for that.

the change would be noticed only when someone compares line-by-line the common law form original in PR app with the copy in (withdrawn) Extension app. I will request to withdraw the extension first thing monday and it was just submitted week ago (processing time 90 days for online now). That is why I would like to get the answer what happens to withdrawn app, is the record of that kept?

Still wondering about withdrawing the whole PR app also, since the whole thing is really keeping the stress level very high.