Inquiry Regarding PR Application Impact Due to Previous Ban

[TayahC]

Hi Everyone,

I was banned for five years due to misrepresentation starting in 2022. I recently underwent a Judicial Review (JR), but the court dismissed my case. After reviewing the documents submitted by my lawyer, I discovered errors in the content.

The reason for my ban was that I did not complete my studies while in Australia, which led to a three-year entry ban. After three years, I re-entered Australia, believing the record had been cleared, as an officer had informed me.

When applying for the SOWP, I was asked whether I had been banned from any other countries, and I answered no.

My wife and 3 sons got an OWP and study permit. And now they are in Canada

My wife is the principal applicant and plans to apply for PR around October. She must include my name in her application but will not include me as a dependent in the PR process.

Will my situation affect my wife's and our 3 children's PR applications?

thank you

 

[Naturgrl]

Hi Everyone,

I was banned for five years due to misrepresentation starting in 2022. I recently underwent a Judicial Review (JR), but the court dismissed my case. After reviewing the documents submitted by my lawyer, I discovered errors in the content.

The reason for my ban was that I did not complete my studies while in Australia, which led to a three-year entry ban. After three years, I re-entered Australia, believing the record had been cleared, as an officer had informed me.

When applying for the SOWP, I was asked whether I had been banned from any other countries, and I answered no.

My wife and 3 sons got an OWP and study permit. And now they are in Canada

My wife is the principal applicant and plans to apply for PR around October. She must include my name in her application but will not include me as a dependent in the PR process.

Will my situation affect my wife's and our 3 children's PR applications?

thank you

Even if included as unaccompanying, they are not eligible for PR until your ban is over so 2027.

 

[TayahC]

Even if included as unaccompanying, they are not eligible for PR until your ban is over so 2027.

So..no hope? stream B application will be closed in 2026.

 

[Naturgrl]

So..no hope? stream B application will be closed in 2026.

No they are not eligible if you are not eligible. You are banned.

 

[YVR123]

So..no hope? stream B application will be closed in 2026.

Correct. She will need to look for other path to become PR.

 

[TayahC]

Is H&C possible for her to apply!?

L

Correct. She will need to look for other path to become PR.

 

[scylla]

Is H&C possible for her to apply!?

L

She should consult with an immigration lawyer if she wants to go the H&C route. This is not a straightforward process. Processing times are long and at some point she would most likely end up in Canada without status and without the ability to work or have health care coverage. Approval rates are also not high.

 

[YVR123]

What I really mean is that the family will need to look for other pathway after OP's ban is over.
It's unlikely that they can stay and work in Canada while waiting for the process. (5 years from 2022)
So PR application after returning to home country and finding other economical PR pathways was my suggestion. (I did not suggest H&C)

Just to add that MANY people are looking into filing for H&C because they run out of work permit and parents not able to get PR via PGP (no new applications allow this year).
So processing time may even be longer than the really long time for previous applications. (was ~ 2 years)

 

[canuck78]

Is H&C possible for her to apply!?

L

Are you actually in Canada? If not H&C not an option and you’re looking at living apart from your family for 5 years. They would need to attempt to remain in Canada on a temporary basis until your ban expires which also may be very challenging.