Misrepresentation - Advice Needed

Old Dec 30th 2018, 12:03 am
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Question Misrepresentation - Advice Needed

Hello,

So let me say straight away that immigration has not (yet) issued me with a charge of misrepresentation but I feel that it's something that's likely so I thought I would seek out some unofficial advice before I proceed with formal, legal, advice. I understand that what people tell me does not constitute legal advice but I wanted to put the question out there in order to gather as much information as I can.

So, some background.

2004 - I was convicted of a criminal offence that would be considered a hybrid offence. For this I was given a fine.

2009 - A family holiday was arranged to Canada and we arrived 3 months short of my 5 year anniversary. No one in my party was aware of the rules and as i was not directly asked, I did not provide the officer with any detail of my conviction. This is the misrepresentation. According to A44 of the immigration and refugee protection act, anything either intentional or unintentional that causes an officer to commit an error is considered a misrepresentation. I was not aware of this at the time and I am fully aware that this is not an excuse.

2012 - I planned my own holiday to Canada. In my horror I found out that I was inadmissible to the country. I took great care and effort but I applied for overcoming criminal ineligibility and was approved. The above conviction was highlighted with a police certificate. I entered Canada without issue

2014 - I applied for a working holiday visa, again I provided all the same documentation as above and again was approved without issue

2015 - I arrived in Canada. When I activated the work permit the officer made mention of the conviction and asked if I had any other convictions. As I had not I said no. Work Permit was issued. I also applied for another 2 year work permit through the working holiday and again provided the same information and again I was approved without issue.

2017 - Applied for provincial nomination and was approved. A new two year work permit was issued to bridge the time. Again I provided all the same information and again was approved without issue

2018 - Submitted my PR application. As it is paper based it will take up to 19 months to complete. So far 10 months have passed.

This is where we are today. From what I understand since I misrepresented (by mistake but that does not matter) in 2009 I should be denied my PR and subject to a removal order. What I don't understand is that I've provided the same information time and again but this issue was never raised during those applications. It's not been raised in my PR application but I feel it's only a matter of time before this happens.

So my question is, has anyone heard of a similar scenario, if so what did they do, where they successful? Does anyone have any advice for me?
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Old Dec 30th 2018, 12:59 am
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Default Re: Misrepresentation - Advice Needed

What makes you think a subsection 44(1) Report will be written for misrepresentation and possibly be referred to the Immigration Division of the IRB?
Have you been issued a call in letter by IRCC or CBSA about this?
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Old Dec 30th 2018, 2:03 am
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Default Re: Misrepresentation - Advice Needed

Originally Posted by Former Lancastrian
What makes you think a subsection 44(1) Report will be written for misrepresentation and possibly be referred to the Immigration Division of the IRB?
Have you been issued a call in letter by IRCC or CBSA about this?
I have not received any communication about this my thoughts based on what I’ve seen written elsewhere. The reason I think his is because I saw a thread from CANADAVISA where someone was enquiring about a failed eTA for their relative. During the thread it came out that she had visited Canada before and not informed the agent of her record. (I will add that she mentioned it during her eTA application hence why it was denied) the poster informed the OP that she would also be hit by a misrepresentation charge since she did not tell the officer of it.

I will I’ll add that I’ve applied for two eTA’s and both were approved, after they were passed over for either review.
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Old Dec 30th 2018, 2:43 am
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Default Re: Misrepresentation - Advice Needed

Originally Posted by marius_18


I have not received any communication about this my thoughts based on what I’ve seen written elsewhere. The reason I think his is because I saw a thread from CANADAVISA where someone was enquiring about a failed eTA for their relative. During the thread it came out that she had visited Canada before and not informed the agent of her record. (I will add that she mentioned it during her eTA application hence why it was denied) the poster informed the OP that she would also be hit by a misrepresentation charge since she did not tell the officer of it.

I will I’ll add that I’ve applied for two eTA’s and both were approved, after they were passed over for either review.
Until you receive some form of communication from IRCC/CBSA I certainly wouldn't be loosing any sleep over this regardless of what you read on other forums. Note that they say might be hit which is different to actually being hit with one.
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Old Dec 30th 2018, 2:46 am
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Default Re: Misrepresentation - Advice Needed

Originally Posted by Former Lancastrian
Until you receive some form of communication from IRCC/CBSA I certainly wouldn't be loosing any sleep over this regardless of what you read on other forums. Note that they say might be hit which is different to actually being hit with one.
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