Inadmissible to Canada - misrepresentation

[Rubydairy]

Hi All,

I need help please with understanding what my current situation/status is. I am hoping to apply for skilled worker oversea. In 2017, I applied for visiting Visa for my sister's graduation and was denied for misrepresentation (I only have information of my latest Schengen Visa denial not there previous US denial). Below is the denial letter I got after procedural fairness. Please I need help in understanding if I can proceed with PR application or I'm banned for 5 years or what exactly?

Thank you for your interest in visiting Canada. After a careful review of your temporary resident visa application and supporting documentation, I have determined that your application does not meet the requirements of the Immigration and Refugee Protection Act and Regulations. I am refusing your application. In making a decision on an application, a number of factors are considered. These may include but are not limited to: • the information in the travel and identity documents; • the reason for the travel to Canada; • the person’s contacts in Canada; • the person’s ties to his or her country of residence (including immigration status, employment and family ties); • the person’s ability to pay for the trip and to support himself or herself while in Canada; • whether the person is likely to respect the conditions of his or her admission to Canada; • whether the person is inadmissible to Canada; and • whether the person would be likely to leave Canada at the end of his/her authorized stay.

To help you understand my decision, the reason(s) are provided on the following pages.
You are welcome to reapply if you feel that you can respond to these concerns and can demonstrate that your situation meets the requirements. All new applications must be accompanied by a new processing fee. Sincerely, ...
.
.
Following an examination of your application, I am not satisfied that you application meets the requirements of the Act and the Regulations for the reasons explained below. Please note that only the grounds that are checked off apply to the refusal of your application.
.
.
You are a member of an inadmissible class of persons described in the Immigration and Refugee Protection Act. As a result, you are inadmissible to Canada pursuant to the following Section(s):
.
.
On misrepresentation:
Section 40(1)(a): For directly or indirectly misrepresenting or withholding material facts relating to a relevant matter that induces or could induce an error in the administration of this Act;

 

[scylla]

Hi All,

I need help please with understanding what my current situation/status is. I am hoping to apply for skilled worker oversea. In 2017, I applied for visiting Visa for my sister's graduation and was denied for misrepresentation (I only have information of my latest Schengen Visa denial not there previous US denial). Below is the denial letter I got after procedural fairness. Please I need help in understanding if I can proceed with PR application or I'm banned for 5 years or what exactly?

Thank you for your interest in visiting Canada. After a careful review of your temporary resident visa application and supporting documentation, I have determined that your application does not meet the requirements of the Immigration and Refugee Protection Act and Regulations. I am refusing your application. In making a decision on an application, a number of factors are considered. These may include but are not limited to: • the information in the travel and identity documents; • the reason for the travel to Canada; • the person’s contacts in Canada; • the person’s ties to his or her country of residence (including immigration status, employment and family ties); • the person’s ability to pay for the trip and to support himself or herself while in Canada; • whether the person is likely to respect the conditions of his or her admission to Canada; • whether the person is inadmissible to Canada; and • whether the person would be likely to leave Canada at the end of his/her authorized stay.

To help you understand my decision, the reason(s) are provided on the following pages.
You are welcome to reapply if you feel that you can respond to these concerns and can demonstrate that your situation meets the requirements. All new applications must be accompanied by a new processing fee. Sincerely, ...
.
.
Following an examination of your application, I am not satisfied that you application meets the requirements of the Act and the Regulations for the reasons explained below. Please note that only the grounds that are checked off apply to the refusal of your application.
.
.
You are a member of an inadmissible class of persons described in the Immigration and Refugee Protection Act. As a result, you are inadmissible to Canada pursuant to the following Section(s):
.
.
On misrepresentation:
Section 40(1)(a): For directly or indirectly misrepresenting or withholding material facts relating to a relevant matter that induces or could induce an error in the administration of this Act;

You are banned from Canada for 5 years.

The line about being welcome to reapply is a standard line included in all refusal letters. It does not apply to you since you have been banned. You have to wait out the five year ban before you can submit any sort of application to Canada - this includes a skilled worker application. If you were banned sometime in 2017, you're looking at 2022 before you can consider applying again to Canada.

 

[Mykematt]

Similar situation for my wife. This was 7 years ago, however. She appealed then, explaining that not mentioning her US B1 visa rejection was a honest mistake, but as expected, the appeal was denied. Her initial rejection letter didn't mention a ban. So also did the appeal rejection letter not mention ban. In fact, in the appeal rejection letter, the box for misrepresentation was no longer included, i.e., the reasons for her rejection were now minor ones like no concrete tie to country of application, and so on.

Now, I have a job offer in Canada and would be applying for an employer-specific work permit, and applying for an open work permit for her alongside mine. We have taken note to mention the US B1-visa denial (two separate occasions) and Canada visitor's visa (two occasion: initial and appeal) in her application form. But I have questions about the following and I would be glad if anyone can kindly advise:

What steps needs to be taken?
What additional form should we fill in view of the misrepresentation, if at all, or should we leave it alone since a ban was never mentioned?
Should we mention the misrepresentation in our letter of explanation or just leave it alone since the 5 year ban is passed?

Any general advise would in fact be greatly appreciated. The thought of me getting a visa and her not getting terrifies the living life out of me.

 

[navinball]

Similar situation for my wife. This was 7 years ago, however. She appealed then, explaining that not mentioning her US B1 visa rejection was a honest mistake, but as expected, the appeal was denied. Her initial rejection letter didn't mention a ban. So also did the appeal rejection letter not mention ban. In fact, in the appeal rejection letter, the box for misrepresentation was no longer included, i.e., the reasons for her rejection were now minor ones like no concrete tie to country of application, and so on.

Now, I have a job offer in Canada and would be applying for an employer-specific work permit, and applying for an open work permit for her alongside mine. We have taken note to mention the US B1-visa denial (two separate occasions) and Canada visitor's visa (two occasion: initial and appeal) in her application form. But I have questions about the following and I would be glad if anyone can kindly advise:

What steps needs to be taken?
What additional form should we fill in view of the misrepresentation, if at all, or should we leave it alone since a ban was never mentioned?
Should we mention the misrepresentation in our letter of explanation or just leave it alone since the 5 year ban is passed?

Any general advise would in fact be greatly appreciated. The thought of me getting a visa and her not getting terrifies the living life out of me.

did they ask for reason for denial?

 

[Mykematt]

did they ask for reason for denial?

We haven't applied yet for the work permits yet. I am just asking what we need to do in view of that. We should be applying soonest. So, your question isn't clear.

 

[fangirl]

Hello everyone,

In January 2024, I applied for a Canadian visitor visa for my father, who received a Procedural Fairness Letter (PFL) on February 20, 2024, due to a misunderstanding about visa refusals from other countries. Mistakenly, we answered "NO" assuming the question only referred to Canada, overlooking refusals from the US, where my father faced US visa refusal in 1993 and 2001 (but he visited US thrice in 1994,1995,1996 and never had any issue). Despite providing evidence, including stolen passport records and a letter to the US consulate about the theft in 1997, along with true translations.
A Canadian visa refusal was issued on March 11, 2024, citing inadmissibility for five years for misinterpretation.

I'm also concerned about how this may impact our ongoing Parent and Grandparent (PGP) Sponsorship application, for which we've already received medical assessments, Police Clearance Certificate (PCC), Right of Permanent Residence Fee (RPRF), and pre-arrival services letters on March 1, 2024.we submitted every document on March 12 ,and they received my every document on March 13 2024.

My query is Does visitor visa refusal (inadmissible) affects on PGP Sponsorship? as my father is the principle applicant.
PLEASE HELP!!!

 

[scylla]

Yes, this impact PGP sponsorship.

 

[fangirl]

Yes, this impact PGP sponsorship.

how can we appeal ? i was not aware of visa refusal of US ,i already explain in my response to PFL letter

 

[scylla]

how can we appeal ? i was not aware of visa refusal of US ,i already explain in my response to PFL letter

You'll need to hire an immigration lawyer.

Unfortunately it doesn't matter if you were aware or not. It's your father who is help responsible since it's his application and he obviously would have been aware.