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Dear Consultant,
I have been a permanent resident of Canada since 2013 and I already applied for citizenship. Unfortunately, I received a letter from IRCC that I may lose residency status due to misrepresentation after my ex-wife sent a complaint to immigration.
I came to Canada under the live-in caregiver program but before I left my home country, I was forced by my girlfriend’s parents to marry her because she got pregnant. However, when I applied for work permit and when I got my visa, my marital status was single. I didn’t know that she was pregnant. I was only 20 then and my parents were not present. My girlfriend’s parents forged my parents’ signature. We were wed by a judge.
When I became a permanent resident, I did not declare her and the child as I entered single and was scared that the fact will affect my papers. My wife demanded that I sponsor them. Unfortunately it was refused as I did not declare them when I applied for my permanent residence. She thought I just don’t want them here so she reported the fact to IRCC.
What do I do?
Danny of Oshawa
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5-year ban from Canada
Dear Danny,
Unfortunately, misrepresentation is a big thing. Withholding information during an application is a violation of the Immigration and Refugee Protection Act and Regulations of Canada particularly Section 40. As a permanent resident however, you will be accorded due process and be allowed to explain your side. You can also appeal the removal order that will be issued once it is determined that you have violated Section 40 of the IRPA.
Please note that there is a five-year bar once the removal order has been enforced.
It is very important that even if it will cause delay in the application process of permanent residence, all applicants must declare any changes in their conditions before and while waiting the processing of PR because once IRCC receives information that has not been previously declared, you may lose residency status.
You will have to present documentations that will establish the hardships you will encounter once removed from Canada. There are lots of factors to be considered. You can send us your documents for assessment at info@acesspro-immigration.ca
Thank you for your letter.
Sincerely,
Gerardine, RCIC