Category: Blog Post

There is a debate on this issue whether this is a misrepresentation or not. According to the IRPA section 40(1)(a) for directly or indirectly lying about or hiding important facts about a relevant matter that causes or could cause an error in the administration of this Act. Declaring your spouse as non-accompanying to increase your CRS score, when you are living together in Canada or plan to live together, might considered misrepresentation under IRPA section 40. 

The option to declare a non-accompanying spouse is intended for genuine cases where the spouse cannot accompany the applicant for valid reasons. Misusing this option to boost your CRS score and obtain PR status is not allowed.

When this can be a Valid reason?

1. If your spouse is unable to come to Canada due to family circumstances.

2. If your spouse has a better opportunity outside of Canada that they do not want to leave.

When can this led to misrepresentation?

1. Your spouse is already in Canada and living with you.

2. Your spouse does not have a valid reason to be a non-accompanying member.

3. You declare your spouse as non-accompanying to increase your CRS score.

What are the Consequences?

You may receive a Procedural Fairness Letter (PFL) from IRCC. If you are unable to satisfy the officer with your explanation and evidence, it may have the following impacts:

a. Refusal of your application without finding misrepresentation.

b. Refusal of your application with a finding of misrepresentation triggering a five-year ban.

c. Revocation of status if misrepresentation is found after obtaining PR.

Asking Canada for protection because you don’t feel safe in your own country is known as claiming asylum. “Claim asylum” means requesting refugee protection.

Claims can be made in two ways:

1.       Claiming refugee protection (asylum) at the border

2.       Claiming refugee protection (asylum) from within Canada

Online application method

Either you make a claim at border (Land crossing or at airport) or you are already in Canada and want to make a claim you must complete online application through IRCC Portal. If you make the online application online you must create an IRCC portal using your email address. In this case you need to have access to your email since all the communication will be sent to the email linked with your IRCC portal. If you miss communication from IRCC/IRB and fail to fulfill the request made by IRCC/IRB on time, then your case might be cancelled or delayed. So, always provide up to date contact information to IRCC/IRB with all email, phone numbers and mailing address.

Alternatively, if you have a regulated Canadian immigration consultant (RCIC-IRB) or Lawyer who will make an application for you then, they have their own IRCC portal to make online application. In the event all the communication will be sent to your authorized representative. Since your representative will be forwarding to you all the communication received from IRCC/IRB, you must provide up to date contact information for your authorized representative. Your authorized representative further updates your information at IRCC/IRB as requirement.

Application by Unauthorized Representative

Most of the time, new claimants don’t know anything about the location they’re entering and only speak their native tongue. They don’t come across immigration experts or attorneys but instead look for someone in their community who can assist them. The new claimant meets someone who can translate their language into English or French by the recommendation of someone in their community. Mostly unauthorized agents are involved in this situation, they work on behalf of the claimant and submit online applications by setting up the IRCC portal in the claimant’s name. The IRCC portal, which is made on their behalf, is rarely known to claimants. Even though the email used to create the IRCC portal is not accessible to claimants, claimants will miss communication from IRCC/IRB.  Since the claimant will not get the letters from the IRCC or IRB, even the mailing address listed on the application might not belong to the claimant. These unauthorized representatives try to keep all the communication channels within their control so that they will be able to charge for each communication by misleading the claimants.

Claimants are afraid to make complaints because they think that it may hamper their case. Second thing, due to the communication difficulties they hesitate to visit any regulated consultant of lawyers directly.

Consequences of unauthorized representative

Due to the huge influence of the unauthorized representatives’ claimants are facing the abandonment of the claim, since the requirements are not fulfilled on time. This might put you at risk of removal order or the removal order that you received on border starts triggering.

Always, Consult the authorized representative to keep your application on track and avoid any delays or negative impact on your application. You can find an authorized representative who can speak your language, or they arrange a translator or refer to the one who speaks your language, book a consultation and understand the process.

I discovered that numerous chat groups have been established on different social media networks. In our solitary age, social interaction is beneficial but posting anything on social media and uncritically accepting the facts shared by group members can backfire on you and your case.

In general, social media groups are formed for a variety of reasons; below are a few instances.

To create a communication that works: A group of friends, coworkers, members of the community organization, or family members make up this kind of communication group. The purpose of this kind of group is to communicate, exchange wishes, and provide information about the activities and program. You may be giving your loved one’s access to your immigration information if it is a family gathering. That’s all well and good, but I have also witnessed individuals posting immigration-related queries and sharing immigration-related information on colleagues and community groups that aren’t intended for immigration purposes. It’s not the correct procedure; speak with experts who are qualified to offer immigration advice instead.

To advance business: I’ve seen several organizations founded with the intention of advancing business. To increase commercial activity, they form groups and urge group members to invite others to join. The sole purpose of this group was to draw attention to the company that started it. In such a community, people also continue to share information on their immigration.

To profit from speculation: A group formed by different people with the intention of profiting from the collection and distribution of data to third parties. This kind of group is typically dispersed among would-be immigrants. I have observed this kind of organization going by a different name that corresponds to the terms used in immigration, such as employment permit, study permit, or visit visa. They have also been concentrating on regions based on the names of Canadian provinces or countries. Typically, members of this kind of group share their immigration history, and then the group administrator or another member who is looking for the person for financial gain passes that information on to ghost consultants. The ghost consultants then attempt to utilize that knowledge to their advantage. Thus, exercise caution.

People should be aware that any information pertaining to immigration is just as private as any other personal information. Speak with a licensed immigration consultant about immigration-related matters. Avoid discussing your immigration issue in a social media group; your situation is distinct and will not be like anybody else’s. It is not appropriate for you to compare your immigration situation to someone else’s. Meet the specialist who will review and handle your immigration case.

Upon receiving a decision letter from Immigration, Refugees and Citizenship Canada (IRCC), study permit applicants may get unclear about the reason for the decision and the following steps to take. Initially, it is necessary to ascertain the correct cause for the rejection; however, the applicant will typically receive a brief note on the rejection letter. It says that the officer is not satisfied that applicant will leave Canada at the end of their stay as required by paragraph R216(1)(b) of the Immigration and refugee protection regulation (IRPR).

What is Rule 216(1)(b) of IRPR?

It gives the case office a power to grant a study permit if the officer has reason to think that the applicant will depart Canada before the time frame under Division 2 of Part 9 for the applicant’s study is up. Once more, it skips to a different section of the rule. To grasp that, we must now perceive that.

What is Division 2 of part 9 of IRPR?

All limitations imposed on all kinds of temporary residence licenses are defined in Part 9 of the IRPA. Furthermore, the conditions of temporary resident permits are defined in Division 2 of Part 9. Rule 183 through Rule 185 make up Part 9. The general conditions listed in Rule 183 apply to all temporary permits; the conditions listed in Rule 184 apply to crew members and are not relevant to study permit applicants; and the specific conditions listed in Rule 185 apply to all permit holders and are not relevant at this time because they are imposed on or after the permit is issued.

Based on the reasons given above, I would like to state that most refusals are made because the officer believes the applicant will attempt to stay in Canada while disobeying the general requirements placed on the temporary residence visa. Perception by itself, however, is not adequate; an officer must provide reasons for why a perception is accurate. What information was missing from the application that supported the decisions?

The note given in the refusal letter is not enough to judge your application.  To find out the real reason for the rejection, applicants must obtain the GCMS note. If an applicant is not satisfied with the explanation, they can ask for a judicial review at the Canadian federal court.