Did Not Report Marital StatusChange Before Coming to Canada

[Sukhbir Singh]

I applied under FSW class from India. I received my COPR in January 2020. My aunt-uncle suggested me a match in the end of February and I liked her. We quickly got married in the first week of March and I flew to Canada in the second week of March 2020. I did not report to Canadian High Commission that my marital status has changed. Now my friend told me that this constitute a misrepresentation and my wife could be barred from coming to Canada for 5 years. is there any solution?

[Rajpal (Admin)]

Yes, apart from refusal of your application, your wife may be banned for 5 years as per section 40 of Immigration & Refugee Protection Act (IRPA) because you have misrepresented the facts. You got married, your marital status changed but you did not report to Canadian High Commission before arrival and upon entry into Canada. here is section 40 of IRPA:-

Misrepresentation

• 40 (1) A permanent resident or a foreign national is inadmissible for misrepresentation

  • (a) for directly or indirectly misrepresenting or withholding material facts relating to a relevant matter that induces or could induce an error in the administration of this Act;

  • (b) for being or having been sponsored by a person who is determined to be inadmissible for misrepresentation;

  • (c) on a final determination to vacate a decision to allow their claim for refugee protection or application for protection; or

  • (d) on ceasing to be a citizen under

    • (i) paragraph 10(1)(a) of the Citizenship Act, as it read immediately before the coming into force of section 8 of the Strengthening Canadian Citizenship Act, in the circumstances set out in subsection 10(2) of the Citizenship Act, as it read immediately before that coming into force,

    • (ii) subsection 10(1) of the Citizenship Act, in the circumstances set out in section 10.2 of that Act, or

    • (iii) subsection 10.1(3) of the Citizenship Act, in the circumstances set out in section 10.2 of that Act.

• Marginal note:Application

  (2) The following provisions govern subsection (1):

  • (a) the permanent resident or the foreign national continues to be inadmissible for misrepresentation for a period of five years following, in the case of a determination outside Canada, a final determination of inadmissibility under subsection (1) or, in the case of a determination in Canada, the date the removal order is enforced; and

  • (b) paragraph (1)(b) does not apply unless the Minister is satisfied that the facts of the case justify the inadmissibility.

• Marginal note:Inadmissible

  (3) A foreign national who is inadmissible under this section may not apply for permanent resident status during the period referred to in paragraph (2)(a).