worried about misrepresentation, please help!

[spikehades]

We have a common law application being processed. I recently received a request for more information regarding my home addresses. However I realized that I had not provided an upto date list of addresses.
Our common law application was sent before we had lived together for one year, so we are using witness statements and a statutory declaration of common law union to prove our common law status. I have provided the new address but not the two before it ( I live in Japan but I am originally form the UK, so I only provided the UK ones!), our claimed common law relationship is concurrent with my last address( 1 year) and the new one (1 year).

However I did not write my last 2 addresses on the application. If I correct it now will it be OK, or will they class me as misrepresenting facts?

I'm very worried, please help!

What should I do?

1. Send in the updated addresses and continue with the application.

2. Send in the updated addresses and withdraw the application.

3. Just withdraw the application.

Please help! Advice would be much appreciated!

 

[Becki567]

Our common law application was sent before we had lived together for one year, so we are using witness statements and a statutory declaration of common law union to prove our common law status. I have provided the new address but not the two before it ( I live in Japan but I am originally form the UK, so I only provided the UK ones!), our claimed common law relationship is concurrent with my last address( 1 year) and the new one (1 year).

I have highlighted the two statements that seem to conflict and not make sense to me.

On one hand you say you filed your application before you had lived together for one year. And then later say you have lived together concurrently for 2 years? :-\

 

[Becki567]

This is the 5th post you have started in 2 days on the virtually the same subjects. Please stop spamming and keep to one thread.

Here are the other ones:


http://www.canadavisa.com/canada-immigration-discussion-board/to-withdraw-or-not-to-withdraw-that-is-the-question-t198297.0.html

http://www.canadavisa.com/canada-immigration-discussion-board/address-change-misrepresentation-t198058.0.html;msg3057398#msg3057398

http://www.canadavisa.com/canada-immigration-discussion-board/spousal-sponsorship-maybe-refused-work-permit-application-ok-t198189.0.html;msg3059570#msg3059570

http://www.canadavisa.com/canada-immigration-discussion-board/supporting-letter-form-friendsfamily-notarisedwitness-by-commissioner-t198072.0.html;msg3057467#msg3057467

 

[spikehades]

I have highlighted the two statements that seem to conflict and not make sense to me.

On one hand you say you filed your application before you had lived together for one year. And then later say you have lived together concurrently for 2 years? :-\

We had separate addresses from April 2012, but we lived together at her address. Our apartments were company provided, I didn't stay at mine at all. But I could only be released of it after my one year contract had finished. I then added my name to the lease of the apartment we are living in now in April 2013. We filed the application in July 2013.

I hope that clears things up.

 

[zardoz]

If in fact, the application was received by CIC before the minimum 12 months continuous cohabitation was completed, you should be expecting a refusal. Witness "statements" will not overcome a statutory requirement. Failing to provide information that is required to process the application correctly will quite possibly be seen as misrepresentation, especially in conjunction with the failure to meet the statutory requirements.

 

[spikehades]

If in fact, the application was received by CIC before the minimum 12 months continuous cohabitation was completed, you should be expecting a refusal. Witness "statements" will not overcome a statutory requirement. Failing to provide information that is required to process the application correctly will quite possibly be seen as misrepresentation, especially in conjunction with the failure to meet the statutory requirements.

what can I do to mitigate this situation. Should I withdraw the application at the same time as presenting the up to date information for example?

 

[zardoz]

You may find it "safer" to withdraw and resubmit with all of the requirements in place. Your call...

 

[spikehades]

I would do that but my issue, is that they sent an email request the info withing 45 days, or they would continue assessing the application regardless. I'm not even sure about how fast the application can be withdrawn.
I don't want to be in a situation whereby I have not sent the required information, and have requested a withdrawal but before that can be actioned, they have gone ahead and assessed any way with the incomplete information.

 

[zardoz]

You seem to have painted yourself into a corner.. It may be that you are too far into the process to usefully withdraw. Send the information as requested, and hope that your karma is good? Was the ommission of the address information deliberately done to support the chances of the application being approved?

 

[spikehades]

You seem to have painted yourself into a corner.. It may be that you are too far into the process to usefully withdraw. Send the information as requested, and hope that your karma is good? Was the ommission of the address information deliberately done to support the chances of the application being approved?

When I came to Japan I was put in temporary accommodation for 3 weeks, one apartment for less than 6 months and the other for less than 6 months. I also, just put in my U.K addresses as my bank statements, U.K tax are still registered at my U.K address. I read about withdrawal and its says a withdrawal can be made at any time before the final decision is made....

 

[steerpike]

withdraw.

And this time do your forms right. If it asks for your address put the address where you lived, not the country you pay tax in.

I had to attach an extra sheet of paper listing all places i've lived in (7 in the past 10 years including Japan). Its a pain, but do it.

Good luck

 

[zardoz]

I can't tell you what you should do. In your position, I'd take a long hard look at the application, trying to put yourself in the visa officer's position. Then decide based on your resulting opinion on it's viability.

 

[spikehades]

withdraw.

And this time do your forms right. If it asks for your address put the address where you lived, not the country you pay tax in.

I had to attach an extra sheet of paper listing all places i've lived in (7 in the past 10 years including Japan). Its a pain, but do it.

Good luck

Thanks. I think that is what I will do. I will not be able to get legal advice until May 5, and that leaves 20 days on the time frame by which CIC will continue processing my application anyway. Does anyone know how long it takes CIC to confirm that an application is withdrawn?

 

[Awesomeg]

We have a common law application being processed. I recently received a request for more information regarding my home addresses. However I realized that I had not provided an upto date list of addresses.
Our common law application was sent before we had lived together for one year, so we are using witness statements and a statutory declaration of common law union to prove our common law status. I have provided the new address but not the two before it ( I live in Japan but I am originally form the UK, so I only provided the UK ones!), our claimed common law relationship is concurrent with my last address( 1 year) and the new one (1 year).

However I did not write my last 2 addresses on the application. If I correct it now will it be OK, or will they class me as misrepresenting facts?

I'm very worried, please help!

What should I do?

1. Send in the updated addresses and continue with the application.

2. Send in the updated addresses and withdraw the application.

3. Just withdraw the application.

Please help! Advice would be much appreciated!

I have been checking the Appeals cases... and what you did has been a reason for somebody to get rejected... but he/she never rectified and Immigration found out.... So, one option is to withdraw before it goes any further...or update your application and wait and see..... difficult decision....

 

[spikehades]

I have been checking the Appeals cases... and what you did has been a reason for somebody to get rejected... but he/she never rectified and Immigration found out.... So, one option is to withdraw before it goes any further...or update your application and wait and see..... difficult decision....

Thanks for chiming in. I appreciate it. Do you have a link to that case, I would love to look at it. I'm getting a telephone consult with a Lawyer tomorrow, so hopefully I'll have a plan of action then. I have read about misrepresentation , and I read that if you volunteer the correct information early enough then misrepresentation can be mitigated. Hopefully I can send in the info, avoid misrepresentation and withdraw my application. But I read on the CIC VO manual, that CIC must "agree" to the withdrawal. I wonder on what counts can they disagree to it....?