Spouse banned for 5 years-Will it affect the Principal applicant PR file

[paras1991]

Hi all

My friend is on work permit working in NOC A. His wife had applied for work permit on the basis of my friend and got rejected. There was a confusion between the mailing and physical location of the business where my friend is working. In the employment letter of my friend, he has used the mailing address of business which is a residential address.

The officer refused the application and placed a ban of 5 years on my friends wife stating that the job of her husband is fake.

My friend was not aware of the fact that there is a one month deadline to appeal the decision. He did that after 1.5 months through "green and Spigel" lawyers.

Now after 4 months the judge has refused to give a hearing and the lawyers are saying that there is nothing can be done and even he cant apply for PR.

Need your views guys. His case is genuine and true. Is there anything he can do.? Can the decision of Federal court to not to even give the hearing be appealed?

Can he apply for PR with his wife being banned from Canada? If not, what if he give her divorce and apply for PR as single? And after 5 years remarry her and bring her here. Will this work?

Any views will be appreciated.

Thanks

 

[Aquakitty]

I don't get it, if what you say is true, it would be a simple matter for them to check the business name and address. They must have seen he has a work permit at a different address?

 

[paras1991]

a letter of explanation was provided with an affidavit from employer. Still the application was refused. The office said he has called the office from India and no one has picked up. There is a 10hours time difference. Don't know when he called.

Is there anything that can be done?

 

[TANMEX]

a letter of explanation was provided with an affidavit from employer. Still the application was refused. The office said he has called the office from India and no one has picked up. There is a 10hours time difference. Don't know when he called.

Is there anything that can be done?

What kind of work permit is this ? did the employer go through the Human recourses and got a Labor Market Opinion ? a labor market opinion can only be obtained by Genuine Business with at least 2 years of payroll record and registered with Canada Revenue Agency ??

 

[paras1991]

My frnd is on open work permit.. His wife had applied on the base that he has a job in NOC A

 

[Aquakitty]

What kind of work permit is this ? did the employer go through the Human recourses and got a Labor Market Opinion ? a labor market opinion can only be obtained by Genuine Business with at least 2 years of payroll record and registered with Canada Revenue Agency ??

Spouses of those with certain NOC open work permits can apply for work permits.


@paras1991, I did a little reading. Since this determination was made outside of Canada, I think she should have had 60 days to file the leave, not 30. 30 is for the judicial review which comes after the leave.

So I assume the leave was denied, and there is no right of appeal from that. You can reapply for the work permit though. In my mind, if all this is true, resubmitting the work permit with a long essay of explanation and lots of proof might be the only chance, along with a request to reopen the old case. My concern is, if they think his job is fake, they will come after him too.

 

[paras1991]

This is completely wrong. Just because an officer misunderstood, my friend is in trouble.

Cant the decision of ban be reappealed again?


Regarding TRP, how long that can be issued for? Is visiting a good reason, they just want to be together

 

[Aquakitty]

This is completely wrong. Just because an officer misunderstood, my friend is in trouble.

Cant the decision of ban be reappealed again?


Regarding TRP, how long that can be issued for? Is visiting a good reason, they just want to be together

From what I read, it sayed leaves can't be appealed, but I am no lawyer, you'd think the lawyer would have told them this stuff...

 

[paras1991]

lawyer said the same thing....

its not fair i think,,,...

Can a MP help ?

 

[Aquakitty]

I'm pretty sure the CIC officers have the power to reverse any decision. Maybe if they offer enough proof and keep applying, another officer will fix the situation. I don't know much about TRP's, but according to the CIC website, a TRP is just a TRV with a letter explaining why the applicant deserves a TRV despite their inadmissibility. So, they can try that.

Visa-required

You should submit an application for a temporary resident visa along with supporting documents to explain why you are inadmissible and why it may be justified for you to enter Canada.

 

[Alurra71]

Hi all

My friend is on work permit working in NOC A. His wife had applied for work permit on the basis of my friend and got rejected. There was a confusion between the mailing and physical location of the business where my friend is working. In the employment letter of my friend, he has used the mailing address of business which is a residential address.

The officer refused the application and placed a ban of 5 years on my friends wife stating that the job of her husband is fake.

My friend was not aware of the fact that there is a one month deadline to appeal the decision. He did that after 1.5 months through "green and Spigel" lawyers.

Now after 4 months the judge has refused to give a hearing and the lawyers are saying that there is nothing can be done and even he cant apply for PR.

Need your views guys. His case is genuine and true. Is there anything he can do.? Can the decision of Federal court to not to even give the hearing be appealed?

Can he apply for PR with his wife being banned from Canada? If not, what if he give her divorce and apply for PR as single? And after 5 years remarry her and bring her here. Will this work?

Any views will be appreciated.

Thanks

Insert Quote
This is completely wrong. Just because an officer misunderstood, my friend is in trouble.

Cant the decision of ban be reappealed again?


Regarding TRP, how long that can be issued for? Is visiting a good reason, they just want to be together

So is it about his PR or them being together? She's been banned from Canada for 5 years due to misrepresentation. A TRV/TRP will NOT overcome a ban, those are used to overcome other reasons for inadmissibility, such as DUI or criminal record of a sort.

As I stated on your post in the General Immigration section, your friend needs to start covering his own bases now. He got his permit via job opportunity by the sounds of it, and if that job is found to be fraudulent, he is also now at risk.

 

[paras1991]

He is on open work permit,,... and the job is not fraudlent..even his employer had sent an affidavit to cic

 

[kminta]

Asking a question regarding my friend
She got a 5 years banned for misrepresentation under section 40(1)(a),40(2)(a) and 40(3). She applied for MPNP family class PR visa with her family.
Is there any way if her husband will apply in express entry and get a visa for Canada? or if she (first applicant) got banned her spouse (second applicant) is also banned?

 

[canuck78]

Asking a question regarding my friend
She got a 5 years banned for misrepresentation under section 40(1)(a),40(2)(a) and 40(3). She applied for MPNP family class PR visa with her family.
Is there any way if her husband will apply in express entry and get a visa for Canada? or if she (first applicant) got banned her spouse (second applicant) is also banned?

They will have to wait until she has completed the ban. As a family it is all or nothing situation.

 

[kminta]

They will have to wait until she has completed the ban. As a family it is all or nothing situation.

Thanks