Although the individual filling in an immigration application may be completely honest and truthful, it is still possible that a clerical error on a piece of important information could cost that individual their visa.
In the case of Virhia v. Canada (Citizenship and Immigration Canada), Gurpreet Virhia, a citizen of India, filed an application for permanent residency under the Federal Skilled Worker class. As part of this immigration stream, applicants are awarded “points” if they meet specific criteria under categories, such as language ability, an offer of employment in Canada, and post-secondary education.
In Ms Virhia’s case, the issue was her claim that her spouse, who would be accompanying her to Canada, had a relative already living in Canada. The reason why this was so important was that the “adaptability” points she received for having a relative in Canada provided just enough points to ensure her eligibility. If Ms Virhia did not have these extra points, she would no longer meet the requirements to immigrate.
Discrepancies in the information
On Ms Virhia’s application, there were many alleged discrepancies surrounding her relative, due to the fact that the documentation contained two different names for the same person and two different dates of birth.
Ms Virhia provided a school certificate for a Rajwant Singh, born May 12, 1961, as well as a Canadian passport for a Rajwant Khangura, born May 16, 1961. Ms Virhia stated that these two individuals were, in fact, the same person.
Having been confused by the differing names and dates of birth, the Immigration Officer who had been processing Ms Virhia’s application contacted Ms Virhia and provided her with 30 days to give an explanation. Ms Virhia responded with an unsworn statement from Rajwant Khangura which indicated that
- Rajwant’s date of birth was consistently shown as May 12, 1961 on both the school certificate and Indian passport;
- That the date of birth shown on Rajwant’s Canadian passport was erroneous and due to a clerical error; and
- Rajwant Khangura and Rajwant Singh are the same person
Enough time to fix the error
The Officer refused the application on the basis and found that, since Rajwant had been resident in Canada since 1988, it was not reasonable that he never corrected the s alleged clerical error. Simply put, the officer did not believe that Rajwant Singh and Rajwant Khangura was the same person.
As a result, Ms Virhia was not awarded any points for having a relative in Canada, and was therefore refused her application for permanent residence.
Check you documents
It is the responsibility of the applicant to ensure that the documentation provided in their immigration application is consistent and accurate. This is also true of information that they are providing on behalf of another person, even if that person is not included in the actual application.
This Article is prepared for general information purposes only and is intended to provide comments for readers and friends of the Filipino Journal. The contents should not be viewed as legal advice or opinion. If you have specific questions regarding immigration law, you should discuss them with a legal advisor of your choice.
Reis is a partner with Aikins Law and practices in the areas of immigration law. His direct line is 204-957-4640. If you would like to know more about Reis or Aikins you can visit the firm’s web page at www.aikins.com or e-mail him at rrp@aikins.com. Leanne is an immigration legal assistant at Aikins Law. She holds a Bachelor of Arts degree in sociology and criminal justice from the University of Winnipeg.
