Welcome to our Channel! Today I'm doing a video on misrepresentation
This is a topic that's very complicated and it's very sad too because if there is
misrepresentation in a file this can sometimes mean that the person is
excluded from sponsoring a child or a spouse to Canada there are different
types of misrepresentation which can also lead for example if you
misrepresented which means that you lied in a visitor visa application you can be
refused from entering Canada you can have a bar to Canada for multiple years
or it can be very difficult for you to to be able to get approvals in the
future I'm not going to talk about that type of misrepresentation the type of
misrepresentation that we're going to focus on this video is about exclusion
so this happens when for example someone immigrated to Canada under the Express
Entry category for example and fails to disclose that he has two dependent
children in in in the application so this means that in the forms he does not
indicate it says do you have any children he doesn't indicate that his
children there's no documentation about the children, birth certificates or
anything like that and there's no mention as to why he's not mentioning
them so what happens in the future if is once he's a permanent resident
a couple of years later his children are still under had the age requirement to
be sponsored to Canada under a child sponsorship application this person
decides to now sponsor his children to Canada but immigration finds out through
the history of the file that in this person's permanent resident application
he had not disclosed his children this means that his children are not a member
of the family class because they were not disclosed in the initial application
another example which is very common is a woman immigrates to Canada in a
skilled worker or applies for Canadian Express Entry, various applications,
becomes a permanent resident and fails to indicate that she has a husband she's
been married to her husband for many years or it could also be a common-law
partner fails to disclose it could be for different reasons it could be that
it's a mistake she she incorrectly filled out the forms it could be that
some people think that because you are in a common-law relationship which means
that you have been living continuously with your partner for at least 12 months
in Canada or outside Canada this is not a spouse so in the forms but for example
in this case she doesn't indicate that or it could be that some I get a lot of
consultations where people say well I thought that if I included my
husband it would take much longer for my application so I didn't think it was a
big deal I didn't I didn't put him and I just thought I would sponsor him later
or we see this a lot is someone applies to become a permanent resident their
file is in process for a year they get a letter saying that their application is
approved and theirs so I'm going to get a confirmation of permanent resident in
that 1 or 2 month period they decide well they do get married and they fail
to update immigration with their marital status or when they come to get landed
at the border in Canada or within Canada they've on the confirmation of permanent
residence and in discussion with the officer
there's always information about how you need to update any information
about your marital status that as they fell to disclose that they've been married
and now a couple of months later they're like I'm a permanent resident now I'm
gonna sponsor my and my wife my husband and the wife or the husband is excluded
because you failed to disclose this before you became a permanent resident
so unfortunately what we see is a lot of sometimes people fail to disclose for
deliberate reasons sometimes they want to hide certain things for example they
have a dependent child that has a disability they have a
husband or a common-law partner that has a criminal history which which might
make the the sponsor of the applicant for their permanent resident application
inadmissible and these cases are very kind of black and white in the sense
that obviously you did this because you wanted to gain a benefit under the Act
and you did this intentionally so you you cannot you know sponsor anymore but
the the cases that I see very often are cases where people just made an
honest mistake for different very complicated very personalized
reasons for example we see a lot of cases where same-sex couples in certain
countries where it's forbidden to be in that relationship one of them immigrates
the Canada but because of fear of discovery of the relationship and other
reasons they do not disclose the partner and this is done out of fear and it's
also done out of "well I don't really understand that in Canada
this is allowed" and here I'm not supposed to you know disclose it I can't
be public with this information so I'm not gonna disclose this but then when
they come to Canada and they understand the rules and they see that in Canada
this is something that's allowed they decide well I'm gonna I'm gonna sponsor
my partner now of 15 years and then they get this refusal letter that says well
you misrepresented you didn't disclose that you were in this relationship for
so many years so these are these those types of cases are very very difficult
and I get very heartbroken a lot of times when I when I hear them because
it's sometimes it's really honest mistakes where people that didn't know
didn't get legal advice didn't understand or they got legal advice from
certain people in their community or certain agencies or certain
representative that told them "you know what don't disclose you do this and
then you'll figure it out" it's unfortunate because it literally ruins
lives and it could separate family members, loved ones from each other
for a very long time if not forever. It's a little bit cruel as a law I find
because there are some people that are not doing it intentionally they're just
very confused and they don't know when the circumstances in their lives
that made it that they made this unfortunate mistake now what to do when
this happens there are solutions it's not always possible so it's important I
would say for this type of case to really consult with a lawyer. Not every
immigration application, you don't need to always have a lawyer but
for this type of complicated case I think it's necessary to consult with a
lawyer who's going to be able to look at all the details of the file and your
case and look at the case law and look at the history and tell you you know
what let's try this humanitarian approach, let's try this temporary
resident permit of TRP or let's contest this in the federal court at a judicial
review but it depends not every, even though sometimes it's very very
difficult even if we do the H&C, even if we do the TRP a federal court it
might not work but in some very specific cases if you get proper legal advice and
your representative, your lawyer is able to properly prepare the application
there are some chances that it can be approved there is the exception in the
Act with respect to humanitarian and compassionate factors where an officer
when reviewing all of the details of the case has this question to determine okay
you are excluded but there are enough factors to let you in we've done many of
those cases and we've been not always successful but in the cases that we
usually take on most of the time we are successful because we carefully select
those cases and we make sure we explain to the clients that this is going to be
a difficult case it might not work but if you want to try everything and you
want to make sure you at least try to get your partner or your child here we
can do this this way we can work together as a team to provide very very
strong documentation so if we do prepare those types of applications we give you
a very detailed list of documents to support your application so we want to
write strong submission letters we want to explain every detail that led to the
exclusion we want we want to ask you give a lot of reference letters from
friends and family people in your community that know the history and
can attest to the fact as to why you decided to not mention you're your
partner or your child so we can file an application under humanitarian grounds
we can always request a try to request a temporary resident permit to allow the
person to come in temporarily until all of this is sorted and if that
application is refused if it's a strong good application sometimes what we do is
if it's refused, we file a judicial review at the federal court
because sometimes that's the only way for us to win an approval is if we
go to the federal court and if we build a strong file for the federal court
sometimes we even get a consent before going in front of the judge so
that could be quite fast and if we do get a consent or if we do get the
judicial review allowed what happens is that the file that we initially
submitted under humanitarian grounds goes back to the embassy or the high
consulate for a redetermination by a different officer so a different officer
will now look at the file and make a decision based on the federal court
decision. This does not mean that the decision will be positive 100%
I would say most of the time it's approved I would say a good 95-98% of
time all the cases I've done for a redetermination have always been
approved when we're at that stage but an officer can find other reasons or same
reasons but worded differently to refuse again hopefully not but that is a
possibility so we would then go for redetermination the officer would ask
for updated documentation and usually we're able to get the process moving
kind of fast in order to to have the application approved so that your your
family member can become a permanent resident of Canada. If you have any
questions about this if you feel you're in a situation a similar situation where
you feel there somebody told you that this is not possible but you feel that
your mistake was an honest mistake and and you feel you might have some
humanitarian compassionate grounds do send us an email at info@keyorkimmigrationlaw.com
and we'll set up a time to speak with you to see if we can
help you out. Thank you!
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