May 9, 2018

Misrepresentation on Permanent Residence Application Avoided

In our recent case, the Applicant had applied for permanent residence in the Provincial Nominee Program (PNP). His wife and children were accompanying dependents, and his wife’s form mistakenly said that she had not been refused a visa to Canada or any other country. In reality, she had previously been refused a visitor visa to Canada. Because of this, he was found to be inadmissible based on misrepresentation for a period of 2 years. At Court, we argued that although the incorrectly checked box was certainly an error, it was not a material error, as it could not have affected the processing or outcome of the Applicant’s permanent residence application. Regardless of his wife’s past visa refusal, this would not have affected investigations into her admissibility to Canada, nor would it have affected the Applicant’s eligibility in the PNP program. Finally, this past visa refusal was already known to CIC either way, as they were the authority which refused this application in the first place.

Our arguments succeeded at Court, which is a wonderful resolution for this family.