You are here:

Immigration Issues/Misrepresention and inadmissibility

Advertisement


Question
QUESTION: I Came to Canada on Study permit on August, 2008 and completed my studies in 2010 and worked full-time on PGWP for 20 months. However, by mistake I failed to disclose a travel history to Singapore in my study permit and previous TRV application. However, all my visa and permit is going to be expired soon.

Just wondering, If I apply for PR now (after expiry of all visa and permit) and disclose all the true fact and include all the travel history, am I going to be inadmissible to Canada for not disclosing one of my travel history in my old study permit and TRV application. I read in CIC manual ENF 2 OP 18 in 9.7 that inadmissibility decision are made with respect to current application only. Can you please clarify this point?

CIC Manual ENF 2 OP 18 paragraph 9.7 states that "An application for a visa abroad, or for entry into Canada at a port of entry may be denied based on a misrepresentation made in connection with the current application or examination only, unless the person was previously the subject of a refusal for misrepresentation and the resulting two-year inadmissibility period has not elapsed."



Thanks,
Shaymol

ANSWER: Dear Shaymol,

Thanks for your inquiry.

Concealing of facts can possibly lead to misrepresentation and there is a provision in the Act to amend your record but it should be done with due care; therefore you must consult an immigration lawyer. "Current" doesn't mean that the officer should avoid looking your previous application(s) as they got huge discretionary powers while processing an application. Please do consult with an immigration lawyer.

Regards,
Ravi


---------- FOLLOW-UP ----------

QUESTION: Hi Ravi,
Thanks for your reply.

I think you are right. Just have few more questions, when you said amendment of record..Is there a formal application process for amendment of my immigration record before I submit the PR application. If so where, I can find the information.

or I just have to put all the correct information in my PR application only and it will be considereded as amendment.

Also, when you said "Concealing of facts can possibly lead to misrepresentation"..do you refer to my old application misrepresentation or my upcoming PR application.

Also, can inadmissibility be given to someone from misrepresentation in an old visa application where the visa is not even valid (already expired)

Thanks for support,
Shaymol

ANSWER: When you said "Concealing of facts can possibly lead to misrepresentation..do you refer to my old application misrepresentation or my upcoming PR application:

Yes, I refer to both OLD and NEW because officer(s)can pull up your previous record at his or her discretion.

Is there a formal application process for amendment of my immigration record before I submit the PR application. If so where, I can find the information.

Yes, CIC has office in Ottawa where things can be amended with due care.

Can inadmissibility be given to someone from misrepresentation in an old visa application where the visa is not even valid (already expired)

Yes, We have seen cases where immigration officer(s) got a complaint of an applicant in terms of concealing facts. Therefore, I always suggest to put all the correct information.

Regards,
Ravi

---------- FOLLOW-UP ----------

QUESTION: Hi Ravi,
Thank you so much for your reply. Just one more clarification.

When you say "amended with due care", what do you exactly mean. Currently, I am living outside Canada (in my home country) and don't have valid Canadian visa/permit and I won't be able to approach Ottawa visa office.

If I correct all the information regarding my travel history in my current PR application is it considered as amendment with care or I have to follow a different procedure.

Thanks,
Shaymol

Answer
Wonder, if you have any friend or relative in Canada who can file an application for Access to information on your behalf!

Onus is on applicant that he or she provides the information truthfully on the application. If you correct all the information on your PR application, my experience says that officer will consider your application.

Good luck.

Immigration Issues

All Answers


Answers by Expert:


Ask Experts

Volunteer


Ravi Khosla

Expertise

You can ask question related to Canadian Immigration, policies and procedures.

Experience

Serving the community since last 25 years in regards to their immigration matters.

Organizations
Senior Paralegal (Immigration) CVT Law Office Surrey BC

Education/Credentials
M.Sc.,LL.B.

©2016 About.com. All rights reserved.