By
Pace Law

Read What You’re Signing

March 13, 2013

James Metcalfe – Director of Immigration: Sometimes Citizenship and Immigration Canada (CIC) gets it right, but it takes a long time.

When a person is issued a Permanent Resident Visa, they are issued a Confirmation of Permanent Residence in Canada. This is presented at the port of entry to Canada upon arrival. The holder is asked to confirm that everything on the form is correct, and then to sign the form.

Up until recently, the coding on the form was not explained, and in most cases people were not asked if there was a change in their civil status. An example of such a question would be, “The code indicates that you are not married. Is there any change in your marital status?” If the person says there is no change, then they can be granted status. On the other hand, if there is a change in marital status, then the visa may be declared invalid.

If the person withheld information – whether on purpose or not – and landed as an unmarried person, they were caught in regulatory trap. If the person was in fact married at the time of being granted status, and subsequently attempted to sponsor his or her spouse, the sponsorship would be refused under Paragraph 117(9)(d) of the immigration regulations. Further, the person could be reported under the Act for misrepresentation, which in turn could lead to deportation from Canada.

It took almost 10 years for CIC to figure out they had a problem. Now the new plain paper form clearly asks the applicant upon arrival a) if they have a criminal record b) what their civil status is and c) whether they have any dependents other than those listed on the form.

In effect, there are no more excuses for persons who blindly sign the form.

What’s the point? In the past three days we have had inquiries from 2 persons who have been affected by Regulation 117(9)(d). We could not assist either caller.

Share This Post
Email
Facebook
LinkedIn
Twitter
Trending Posts
Read More Insights
Events
By
Pace Law
Pace Law Firm is always looking to expand our business and elevate it to the next level. On Thursday November 24th, Pace Law Firm attended the Canadian Mortgage Summit (CMS) to hear from the industry’s top mortgage brokers, lenders and solution providers.
Firm News
By
Pace Law
We are proud to announce that Pace Law has become a multi-service firm and is launching a new website to accommodate our growth in different areas of law!
Events
By
Pace Law
The National Day for Truth and Reconciliation takes place on September 30th for the second consecutive year. Each year, September 30th marks both Orange Shirt Day and National Day for Truth and Reconciliation.
Real Estate Law
By
Pace Law
In key Canadian cities, the housing inventory may reach a crisis stage, according to a recent analysis from RE/MAX Canada. The analysis confirms that governments must take quick action to address the critically low supply of available homes.
Personal Injury
By
Pace Law
As the winter months get closer, it is critical to plan ahead and take precautions as needed to reduce the likelihood of mishaps. Nearly 30% of all motor vehicle incidents, according to recent RCMP data, happened on slick, snowy, or icy roadways.
Real Estate Law
By
Pace Law
Two weeks after the provincial administration submitted Bill 109, the More Homes for Everyone Act, 2022, on March 30, 2022, it obtained royal assent on April 14. The last step needed for a legislative measure to become law is royal assent.

Get in Touch

Call us now or fill out the form to discuss your case with an experienced legal professional.

Our Locations

Office Location

191 The West Mall, Suite 1100
Toronto, ON M9C 5K8
Phone: 1-877-236-3060
Fax: 416-236-1809

Office Location

191 The West Mall, Suite 1100
Toronto, ON M9C 5K8
Phone: 1-877-236-3060
Fax: 416-236-1809

Scroll to Top