RHC

I have been living in Canada for 3 years as a PR sponsored spouse originally from the UK. Unfortunately I have been going through an acrimonious divorce with my Canadian sponsor ex-wife for 22 months now. I have two questions related to this:

• Recently my ex-wife reported to IRCC that I had misrepresented my relationship with her and I had only married her for the purposes of entering Canada. Although this is clearly untrue, I was informed by IRCC that my PR status was being reviewed for misrepresentation. A month ago, my immigration lawyer submitted pretty extensive and conclusive supporting evidence to IRCC to disprove this allegation and the lawyer does not think the allegation will proceed pass the initial review phase.

• My ex-wife has all of my reference details and has been calling IRCC, pretending to be me by using this information, so that she can gain further information about me and my PR Review. Is there any way I can prevent this from happening as IRCC Client Support said there is nothing they can do to stop my ex-wife from gaining full access by using my reference information (eg UCI number, Application number, DOB, address, phone number, etc).

Thanks in advance for any information provided, I really appreciate any help.

Snowy560

In answer to point 2, change some identifying details like address/phone number and ensure your ex does not know the new updated details. How do you know she's been doing this?

In answer to point 1, you need to secure your PR status first.

The lawyer you hired should be assisting you with the answers to these Qs and helping you deal with IRCC.

RHC

Thanks for the reply Snowy560.

None of my details have changed from when I lived with my ex-, so she knows all of the relevant details that would enable her to gain access to all of my IRCC held info. She admitted to having accessed my information in one of our mediation session as she wanted to check up on my residency status (following registering me with IRCC as misrepresenting my relationship with her).

I'm interested to know how long the initial PR review process takes and if this has any lasting effect on future citizenship application. My lawyer couldn't advise me on how long the initial PR review would take so I thought I would ask here if anyone has any experience. :-)

Snowy560

Change something then that you can change like address and/or phone number. The call center usually ask for these details.

I think you can remove online access as well.

But the lawyer should be guiding you on this especially if she's pretending to be you (that's the bit that's particularly concerning).

I think you're going to have to accept that the investigation is likely to take time.

NavyBoy

For the use of personal data she and possibly IRCC may be in breach of several laws.

https://priv.gc.ca/en/privacy-topics...e-privacy-act/

"Use of personal information

7 Personal information under the control of a government institution shall not, without the consent of the individual to whom it relates, be used by the institution except

(a) for the purpose for which the information was obtained or compiled by the institution or for a use consistent with that purpose; or

(b) for a purpose for which the information may be disclosed to the institution under subsection 8(2).

8 (1) Personal information under the control of a government institution shall not, without the consent of the individual to whom it relates, be disclosed by the institution except in accordance with this section."

I would speak to IRCC and remind them of their duty. The Privacy Commission is very keen on this and federal agencies get fined for breaches.

withabix

I would get a Lawyer's letter sent to her and the IRCC.

Also contact your local Federal MP and Provincial equivalent. They need to earn their salary occasionally...

Aviator

Maybe take a look at this and also speak to a lawyer.
Is it a Crime to Impersonate Someone? | Kostman & Pyzer Barristers

Also, if your ex sponsored you and that this was for the purposes of gaining entry to Canada, is she not also admitting to being complicit in this act?

I would for sure be talking to a lawyer and getting this sorted.

RHC

Thank you all for the very useful information regarding my ex- repeatedly obtaining access to my immigration records. I will definitely take it further.

Does anyone know roughly how long it takes the IRCC to conduct an initial review of a PR status that has a clearly false allegation of misrepresentation of marital status reported against the PR?

I know this will all be over fairly soon, it would just be comforting to know roughly how long it takes.

Thanks

SchnookoLoly

I don't have any additional advice beyond what's already been given, I just want to say that this situation stinks and I hope you are able to get it sorted with your lawyer's help. Please let us know how you get on, sending you many positive vibes.

Former Lancastrian

Nobody can give you a timeframe on how long it will take. IRCC will review the file and if they believe there is a case for misrepresentation will either write the section 44(1) report and refer the report to CBSA Inland Enforcement for an Admissibility Hearing or they will forward the info to CBSA for them to do the same or they could use review the file and find there are no grounds for misrepresentation and that will be the end of it.

Its just a case of being patient and not losing sleep over this as nobody on here can give you a definitive answer and even if reported an appeal can be launched dependent on the outcome of the Admissibility Hearing.

Pollyana

Only if she knew (or suspected) that it was a marriage under false pretences.

RHC

Thank you everyone for your advice, it was very helpful. Thankfully the formal Initial Review of my PR status agreed that there was nothing to suggest that my relationship with my ex-wife was anything other than a real relationship (on my part), so no further action will be taken and I have now been able to apply to become a Canadian Citizen.

I did request, and received, a copy of the Initial Review report under the Freedom of Information Act.

One thing that confused me in the FoI Report is that there was no information about any allegation being made about me despite the review being performed because of an allegation. There is not even a date that an allegation was made or any information on a decision that was made to review. The only information included on this is the initial MOC email that was sent to me informing me of the Initial Review and then the administrative stages that followed this. Large parts of the Initial Review Report had been removed under section 26 of the Privacy Act (because the information related to someone else, presumably my ex-wife).

Is it usual that absolutely no information about the allegation or decision to perform a review was included in the report? Is there any way I can find out what the initial allegation was, why the decision was made to review my PR status, and when it was made?

Thank you again

Former Lancastrian

It sounds like they did an investigation but decided not to write a 44(1) Report an allegation of inadmissibility under the Act so no further action is being contemplated. Probably an investigation that resulted from
Third-party information. Unsolicited information received from a person or entity
other than a governmental organization, concerning an applicant or possible
applicant for citizenship. Third-party information is also commonly referred to as “
tips”, “poison -pen letters ”, or “snitch letters”.
I wouldn't worry about it and move on with your Citizenship application.

BristolUK

Sounds like excellent advice. Be happy.

Snowy560

The allegation made by someone else is information you're not authorized to have access to (it's your ex wife's data) and you don't have her permission.

Even in the case of a couple still together, if one half asks for information under the Privacy Act unless the other signs to give permission, information about the other person will be removed.

As FL says 'poison pen' letters have to be investigated but I'm sure IRCC are pretty experienced in working out what has a basis and what doesn't.

I'm pleased to read your news today. As has been said: move on to citizenship and put all this behind you.