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| Subject: A40 Misrepresentation Permanent Resident |
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To All
The misrepresentation procedure that happens when after you have already become a permanent resident can start from a vengeful person or from a deliberate or silly mistake.
What happens is that you’re called into a CBSA Office to answer questions for them to decide if there is sufficient evidence to write a report regarding the alleged incident.
That is when you really need quality, experienced advice!
It can be caused because of the answers you put down on your forms or the questions you decide not to answer. Withholding material facts is just as bad as your Sponsor not updating information about their actions.
When couples break up certain individuals cannot move on and have a desire to seek vengeance from the former partner years later. A rare amount of individuals like to call Immigration and report others if there is solid evidence against them or not.
CBSA then investigates.
Unfortunately the vast majority of these officers have had your file sitting on their desk for some time and may have already formulated their opinion regarding your situation prior to even speaking with you.
In some situations it is very evident that you have directly or indirectly misrepresented. Worse your Sponsor has misrepresented material facts.
In many others it is not clear that you did anything wrong and the initial meeting is a fact finding mission or fishing trip by CBSA to see if you provide evidence that will allow them to write a report and send you to an inadmissibility hearing.
At the first meeting is not the time to try to prove you´re a perfect little angel by blurting out I did it or didn´t do it! Listen to the question and answer the question by keeping your answer simple and short.
If the CBSA Officer thinks there is sufficent evidence he/she will send you to an inadmissibility hearing.
Remember if sent to a inadmissibility hearing the Ministers counsel has the obligation to prove you misrepresented a relevant matter that induces or could induce an error in the administration of the Immigration Act.
Having someone tell Immigration you or your partner misrepresented by not reporting that you or your Sponsor witheld information that either of you had been in a conjugal or common law relationship before becoming a permanent resident because either of you were living with another needs to be answered.
Proving misrepresentation of a conjugal relationship because you or your Sponsor owned property with another person is even more difficult for them to establish. You need to clearly understand what the ACT states regarding what is a common law & conjugal relationship.
Your initial meeting with a CBSA Officer is like the time when you get pulled over by the Police. Never admit to wrong doing let them give you a ticket and dispute the matter in court.
If your sent to an inadmissibility hearing the isssues are normally black and white so it is best to concede to their allegations and explain your actions with the assistance of every single H&C factor you can muster.
Once you appeal even though you have been ordered to remove your PR stauts & card are still valid and there is no reason why you can´t travel. There has been no final decision your still a permanent resident.
The time and money spent retaining a quality, experienced authorized representative who is willing and able to provide examples of previous appeal cases won is priceless. Remember always get references and copies of previous decisons or look for a different representative.
Getting to an A40 Misrepresntation Appeal hearing could take years from the time someone thought you misrepresented any material facts relating to a relevant matter that induces or could induce an error in the administration of this Act
If you want to stay in Canada it is worth every penny to have someone assist you to prove your not a bad guy!
Roy
cvimmigration.com
[05-02-2011,08:20]
[**.228.218.12]
Roy |
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