Inadmissible to Canada Pursuant 40(1)(a)

[Armir]

:'( I receive letter from Visa Section from Islamabad they think my spouse may be inadmissible to canada Pursuant 40(1)(a) because she misrepresenting facts which are meterial to the assessment of her application.
I had relationship to my wife before we married and she had a ill and abusive husband, after he died we get married,when we get married she had two year old son, I apply for permanent resident for her in 2012, In application I did not tell them I had relationship before, Every thing going right after six month they call for medical and fresh photo and more evidence, I submit it, three month age they want DNA I submit DNA.When DNA report comes, Sponsor and mother was biological parents, I did not know that too.I am father of that boy. in application boys father was ex-husband of my wife.
So They give us 45 day to, I am writing same words,
You are being provided with an opportunity to respond to this information and to our concerns within 45 days from the date of this letter to make any representation you would like to in this regard.

Please give me some good advices
Thanks

ARMIR

 

[scylla]

You need to get a good immigration lawyer as soon as possible. This is a difficult case. You need professional advice.

 

[Kiwi12]

Hello Amir,

I hope everything works out for your family.

 

[Armir]

You need to get a good immigration lawyer as soon as possible. This is a difficult case. You need professional advice.

Thanks for your advice, if you know good lawyer pl let me know,
I got two advices from two lawyer.
Both lawyers think immigration Canada have enough material evidence to apply for 40(1)(a) to
Inadmissible for two years.
1)So don't do anything , let them do for 2 years in admissible.apply after two year again.
2) withdraw your application may be they don't in admissible for two years and you can reapply after six month.
Or I am think I should write them truth.
Please give me some advice on it
Thank you
Armir

 

[Armir]

Hello Amir,

I hope everything works out for your family.
Thank for

 

[truesmile]

Unless there are laws from your country to get you into 'different' deep trouble. I say "exactly", what's wrong with the truth?

"Yes, our relationship started before my previous and very ill husband passed away. However, we were not married before <<such and such date>>. We do not intend to deny any of this."

Something like that... and a bit more descriptive of course. You could do this 'without' a lawyer since they think 40(1)(a) will be applied anyway.

 

[Kiwi12]

I agree with Truesmile. Tell the truth and get it out into the open. Whether you wait 6 months or 2 years, eventually it will have to come out. I feel for you Amir, regardless of the adultery, I want to see your family together. With hope, an immigration officer that has any compassion at all will see it this way also. Your wife's previous husband is deceased and you are the boy's biological father. One door has been closed and another open. The way I see it, everything happens for a reason. It was a blessing that you found out the boy is yours and you have the CIC to thank for that, so something wonderful has come from this. In the end, you need to decide and of course it may be a situation that has cultural ramifications that may impact your future.

All I can say is good luck to the three of you. I would like to hear how this works out. I hope you let us know.

 

[amikety]

:'( I receive letter from Visa Section from Islamabad they think my spouse may be inadmissible to canada Pursuant 40(1)(a) because she misrepresenting facts which are meterial to the assessment of her application.
I had relationship to my wife before we married and she had a ill and abusive husband, after he died we get married,when we get married she had two year old son, I apply for permanent resident for her in 2012, In application I did not tell them I had relationship before, Every thing going right after six month they call for medical and fresh photo and more evidence, I submit it, three month age they want DNA I submit DNA.When DNA report comes, Sponsor and mother was biological parents, I did not know that too.I am father of that boy. in application boys father was ex-husband of my wife.
So They give us 45 day to, I am writing same words,
You are being provided with an opportunity to respond to this information and to our concerns within 45 days from the date of this letter to make any representation you would like to in this regard.

Please give me some good advices
Thanks

ARMIR

I agree, you need to get a lawyer asap. I hope things work out okay and congratulations on your son.

 

[canadianwoman]

:'( I receive letter from Visa Section from Islamabad they think my spouse may be inadmissible to canada Pursuant 40(1)(a) because she misrepresenting facts which are meterial to the assessment of her application.
I had relationship to my wife before we married and she had a ill and abusive husband, after he died we get married,when we get married she had two year old son, I apply for permanent resident for her in 2012, In application I did not tell them I had relationship before, Every thing going right after six month they call for medical and fresh photo and more evidence, I submit it, three month age they want DNA I submit DNA.When DNA report comes, Sponsor and mother was biological parents, I did not know that too.I am father of that boy. in application boys father was ex-husband of my wife.

When did you become a PR of Canada? The visa officer may be worried that you became a PR as a single man with no children, when in fact this child had alrealdy been born.

 

[Armir]

Unless there are laws from your country to get you into 'different' deep trouble. I say "exactly", what's wrong with the truth?

"Yes, our relationship started before my previous and very ill husband passed away. However, we were not married before <<such and such date>>. We do not intend to deny any of this."

Something like that... and a bit more descriptive of course. You could do this 'without' a lawyer since they think 40(1)(a) will be applied anyway.

this is really good advice,there is one more thing, I want to mention when my son was born court approve my divorce in Canada but when I first contect my wife that time my divorce papers was sitting in cout for approval, but I was sepreated with my ex wife in Canada and I have that time I was PR of Canada but now I am Canadion citizen.
Still I believe I should write them truth.

 

[truesmile]

Yes, of course. You want to preemptively answer any question that might come up in the VO's mind, BEFORE it comes up! Too many unanswered questions, and they'll call you in for an interview. And they WILL notice the tight timeliness of all these things. Better to explain before you are asked to.