Misrepresentation and Federal Court Deadlines

If you go hunting for misrepresentation, surprise surprise you find it. Punjabis in particular should exercise caution submitting overseas work permits when spouse in Canada. It's clear that visa office is sending a message to this community
& have no problem throwing baby out with bathwater.

Delhi is far more likely to make a finding of misrepresentation than any other visa office.

After such a finding, the only recourse is Federal Court.

Federal Court deadlines are strict. If a visa office (likely Delhi) finds you/your spouse has committed misrepresentation you need to act within 60 days. Justice Bell refused to grant an extension of time and dismissed this application: https://t.co/XmAYycLbov

Asking/waiting for the GCMS notes, going to your MP, asking for a reconsideration do *not* (necessarily) allow you to ask for an extension of time at the Federal Court.

"Mr. Singh has provided no explanation for the delay other than the fact he was pursuing alternative remedies. That cannot be a valid explanation. If it were, the time limits set out in the legislative policy would be in constant chaos..."

And...

"Although his spouse spoke to a MP and he sought reconsideration of the decision, he did not move for an extension of time to file and serve the application for leave and judicial review until September 3, 2019, approximately 4.5 months after
the period prescribed by the IRPA. "

Now, not only is Mr. Singh inadmissibile but that finding will also waylay his wife's APR. Options are limited at this point. The moral of the story?

1. Be careful applying to certain visa offices

2. Make sure your application is complete, true and correct. Think about using experienced, qualified and capable representation.

3. Prepare for the interview if convoked.

4. Make sure the response to the PFL is thorough and addresses the officers concern.

5. If refused, seek out a legal opinion.

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