Can a denied entry into UK for misrepresentation affect PR application

[justsolo]

Here's the background and summary of what happened;

Because SouthAfrica issues only 3 months visitors visa to Nigerians, an agent said he could help me obtain a 1yr visa if applied from Ghana and that all I'd need is just to drop my passport. As I was younger and vulnerable, I agreed, paid him the charge and gave him my passport. Weeks later, he returned my passport with the 1yr visa on it. I noticed some stamps on it that shows entry into Ghana and another like a resident permit in Ghana. I believe they needed to put those to be able to apply from Ghana and I didn't think much of it. This was in 2011.

Fast forward to a year after, I applied for UK tourist visa through a different travel agent and was granted. Visited and returned. When the visa expired, I applied for a renewal and was granted 2yrs visa, but when I got to UK airport, the immigration officer saw the Ghana stamps and told me they're fake and that I've never been to Ghana. I claimed I've been to Ghana but eventually I could not defend the stamps and admitted I've never been to Ghana before. The travel agent used my passport to fill the application form and he just listed all the country stamps he saw on the passport under my Travel History. So because Ghana was listed in the visa application as one of the countries I've visited, I was told I misrepresented information in my application, therefore visa was cancelled and entry denied. I was returned to Nigeria the following day.

With a new passport, I applied for Canada TRV in 2014 and 2015 and both approved. This UK denied entry was not mentioned in either of the applications as I thought the statutory questions were referring to just Canada, so I picked NO. Now I want to apply for Canada PR through the express entry and I want to make sure to correct this mistake and mention the denied entry but I really don't know if that's good enough.

What effects can this have on my PR application?
Can they charge me for misrepresentation in previous TRV applications even though there's no misrepresentation in this PR application?
How best can I address this situation?

Please seniors, your invaluable advice is needed. Thanks.


@legalfalcon @Bryanna @canuck_in_uk @canuck78 @Peacekeeper87 @LifeDreamer @qorax @scylla

 

[Bryanna]

Here's the background and summary of what happened;

Because SouthAfrica issues only 3 months visitors visa to Nigerians, an agent said he could help me obtain a 1yr visa if applied from Ghana and that all I'd need is just to drop my passport. As I was younger and vulnerable, I agreed, paid him the charge and gave him my passport. Weeks later, he returned my passport with the 1yr visa on it. I noticed some stamps on it that shows entry into Ghana and another like a resident permit in Ghana. I believe they needed to put those to be able to apply from Ghana and I didn't think much of it. This was in 2011.

Fast forward to a year after, I applied for UK tourist visa through a different travel agent and was granted. Visited and returned. When the visa expired, I applied for a renewal and was granted 2yrs visa, but when I got to UK airport, the immigration officer saw the Ghana stamps and told me they're fake and that I've never been to Ghana. I claimed I've been to Ghana but eventually I could not defend the stamps and admitted I've never been to Ghana before. The travel agent used my passport to fill the application form and he just listed all the country stamps he saw on the passport under my Travel History. So because Ghana was listed in the visa application as one of the countries I've visited, I was told I misrepresented information in my application, therefore visa was cancelled and entry denied. I was returned to Nigeria the following day.

With a new passport, I applied for Canada TRV in 2014 and 2015 and both approved. This UK denied entry was not mentioned in either of the applications as I thought the statutory questions were referring to just Canada, so I picked NO. Now I want to apply for Canada PR through the express entry and I want to make sure to correct this mistake and mention the denied entry but I really don't know if that's good enough.

What effects can this have on my PR application?
Can they charge me for misrepresentation in previous TRV applications even though there's no misrepresentation in this PR application?
How best can I address this situation?

Please seniors, your invaluable advice is needed. Thanks.


@legalfalcon @Bryanna @canuck_in_uk @canuck78 @Peacekeeper87 @LifeDreamer @qorax

You have already committed misrepresentation for your Canada visas.

Yes, Canada can cancel your TRV at any point in time as well as ban you for 5 years. This would effectively put your PR plans on hold for at least 5 years.

Canada and the UK share immigration information.

You must inform IRCC about the Ghana misrepresentation, the UK ban and your Canada misrepresentation.... ASAP.... before you apply for PR.... and more importantly, before IRCC issues a Procedural Fairness Letter.

Do seek the help of an experienced immigration lawyer for drafting the letter to IRCC

 

[Peacekeeper87]

Here's the background and summary of what happened;

Because SouthAfrica issues only 3 months visitors visa to Nigerians, an agent said he could help me obtain a 1yr visa if applied from Ghana and that all I'd need is just to drop my passport. As I was younger and vulnerable, I agreed, paid him the charge and gave him my passport. Weeks later, he returned my passport with the 1yr visa on it. I noticed some stamps on it that shows entry into Ghana and another like a resident permit in Ghana. I believe they needed to put those to be able to apply from Ghana and I didn't think much of it. This was in 2011.

Fast forward to a year after, I applied for UK tourist visa through a different travel agent and was granted. Visited and returned. When the visa expired, I applied for a renewal and was granted 2yrs visa, but when I got to UK airport, the immigration officer saw the Ghana stamps and told me they're fake and that I've never been to Ghana. I claimed I've been to Ghana but eventually I could not defend the stamps and admitted I've never been to Ghana before. The travel agent used my passport to fill the application form and he just listed all the country stamps he saw on the passport under my Travel History. So because Ghana was listed in the visa application as one of the countries I've visited, I was told I misrepresented information in my application, therefore visa was cancelled and entry denied. I was returned to Nigeria the following day.

With a new passport, I applied for Canada TRV in 2014 and 2015 and both approved. This UK denied entry was not mentioned in either of the applications as I thought the statutory questions were referring to just Canada, so I picked NO. Now I want to apply for Canada PR through the express entry and I want to make sure to correct this mistake and mention the denied entry but I really don't know if that's good enough.

What effects can this have on my PR application?
Can they charge me for misrepresentation in previous TRV applications even though there's no misrepresentation in this PR application?
How best can I address this situation?

Please seniors, your invaluable advice is needed. Thanks.


@legalfalcon @Bryanna @canuck_in_uk @canuck78 @Peacekeeper87 @LifeDreamer @qorax @scylla

The statutory questions clearly do not refer to just Canada. You have indeed already clearly and undoubtedly misrepresented in your visitor visa application, and it could be canceled and have you banned from Canada if they find out about it, resulting in an automatic ban from Canada.

Now fast forwarding to your prospective PR application, you will have to answer that exact same question again. "Have you ever been refused entry, a visa, or removed from a country". Here is my two cents:

When you answer "Yes", you will automatically be asked to submit an explanation, and they will look into it. They will easily see that you were denied entry into the UK based on false premises, which will trigger extra scrutiny in your PR application and all previous visa history. A misrepresentation on your visitor visa will trigger the visa being revoked, an automatic ban from Canada, and therefore a refusal of your PR application. Misrepresentation charges are not limited in time, meaning they could occur even if they have approved you and only found out about it later. Many have even lost their PR statuses and citizenships over it years after the application was approved. It's a big deal.

My opinion is that you are in a situation which requires advice beyond the level of what this forum can give you. Seek a lawyer and have him guide you through your best course of action.

 

[justsolo]

You have already committed misrepresentation for your Canada visas.

Yes, Canada can cancel your TRV at any point in time as well as ban you for 5 years. This would effectively put your PR plans on hold for at least 5 years.

Canada and the UK share immigration information.

You must inform IRCC about the Ghana misrepresentation, the UK ban and your Canada misrepresentation.... ASAP.... before you apply for PR.... and more importantly, before IRCC issues a Procedural Fairness Letter.

Do seek the help of an experienced immigration lawyer for drafting the letter to IRCC

Thanks for the reply @Bryanna.

I really want to correct this wrong and that's why I'm seeking help on the best way to go about it. Thanks for your advice but may I also suggest an option and please let me know what you honestly think.

According to this CIC Enforcement Manual (ENF Manual 2 s 9.3) gotten from the link below;
http://overseastudent.ca/migratetocanada/IMMGuide/CICManual/enf/enf02-eng.pdf Section 9.7 on Page 33.

"An application for a visa abroad, or for entry into Canada at a port of entry may be denied based on a misrepresentation made in connection with the current application or examination only, unless the person was previously the subject of a refusal for misrepresentation and the resulting two-year inadmissibility period has not elapsed".

So, I'm thinking I should apply for the PR application and answer all questions truthfully. Given that I'll be the one telling CIC about the denied entry(no misrepresentation in current PR application) and not that they found out and send a procedural fairness letter, will they still have grounds to charge me for misrepresentation?

Also, I have a feeling this quote is from an outdated document.

Can you please recommend a good immigration lawyer that can help and won't cost much? Still working on POF so I'm trying to save money.

Thanks.

 

[justsolo]

The statutory questions clearly do not refer to just Canada. You have indeed already clearly and undoubtedly misrepresented in your visitor visa application, and it could be canceled and have you banned from Canada if they find out about it, resulting in an automatic ban from Canada.

Now fast forwarding to your prospective PR application, you will have to answer that exact same question again. "Have you ever been refused entry, a visa, or removed from a country". Here is my two cents:

When you answer "Yes", you will automatically be asked to submit an explanation, and they will look into it. They will easily see that you were denied entry into the UK based on false premises, which will trigger extra scrutiny in your PR application and all previous visa history. A misrepresentation on your visitor visa will trigger the visa being revoked, an automatic ban from Canada, and therefore a refusal of your PR application. Misrepresentation charges are not limited in time, meaning they could occur even if they have approved you and only found out about it later. Many have even lost their PR statuses and citizenships over it years after the application was approved. It's a big deal.

My opinion is that you are in a situation which requires advice beyond the level of what this forum can give you. Seek a lawyer and have him guide you through your best course of action.

@Peacekeeper87 thanks for your time.

Please is there any link to CIC documents that supports the bolded from your reply above? I've checked and checked over the Internet but the closest to this situation that I found was from the
CIC Enforcement Manual (ENF Manual 2 s 9.3) gotten from the link below;
http://overseastudent.ca/migratetocanada/IMMGuide/CICManual/enf/enf02-eng.pdf Section 9.7 on Page 33.

"An application for a visa abroad, or for entry into Canada at a port of entry may be denied based on a misrepresentation made in connection with the current application or examination only, unless the person was previously the subject of a refusal for misrepresentation and the resulting two-year inadmissibility period has not elapsed".

So, I'm thinking I should apply for the PR application and answer all questions truthfully. Given that I'll be the one telling CIC about the denied entry(no misrepresentation in current PR application) and not that they found out and send a procedural fairness letter, will they still have grounds to charge me for misrepresentation?

Also, I have a feeling this quote is from an outdated document.

Can you please recommend a good immigration lawyer that can help and won't cost much? Still working on POF so I'm trying to save money.

Thanks.

 

[russ6970]

Thanks for the reply @Bryanna.

I really want to correct this wrong and that's why I'm seeking help on the best way to go about it. Thanks for your advice but may I also suggest an option and please let me know what you honestly think.

According to this CIC Enforcement Manual (ENF Manual 2 s 9.3) gotten from the link below;
http://overseastudent.ca/migratetocanada/IMMGuide/CICManual/enf/enf02-eng.pdf Section 9.7 on Page 33.

"An application for a visa abroad, or for entry into Canada at a port of entry may be denied based on a misrepresentation made in connection with the current application or examination only, unless the person was previously the subject of a refusal for misrepresentation and the resulting two-year inadmissibility period has not elapsed".

So, I'm thinking I should apply for the PR application and answer all questions truthfully. Given that I'll be the one telling CIC about the denied entry(no misrepresentation in current PR application) and not that they found out and send a procedural fairness letter, will they still have grounds to charge me for misrepresentation?

Also, I have a feeling this quote is from an outdated document.

Can you please recommend a good immigration lawyer that can help and won't cost much? Still working on POF so I'm trying to save money.

Thanks.

Yes they have grounds for misrepresentation at any time.....could be 10 years down the line when you are PR. So, it's simple, do not continue the lie on your PR application and tell the truth.

 

[mau123]

Yes they have grounds for misrepresentation at any time.....could be 10 years down the line when you are PR. So, it's simple, do not continue the lie on your PR application and tell the truth.

Tell the truth explaing everything in detail and hope for the best.

 

[Shiningstar5618]

Here's the background and summary of what happened;

Because SouthAfrica issues only 3 months visitors visa to Nigerians, an agent said he could help me obtain a 1yr visa if applied from Ghana and that all I'd need is just to drop my passport. As I was younger and vulnerable, I agreed, paid him the charge and gave him my passport. Weeks later, he returned my passport with the 1yr visa on it. I noticed some stamps on it that shows entry into Ghana and another like a resident permit in Ghana. I believe they needed to put those to be able to apply from Ghana and I didn't think much of it. This was in 2011.

Fast forward to a year after, I applied for UK tourist visa through a different travel agent and was granted. Visited and returned. When the visa expired, I applied for a renewal and was granted 2yrs visa, but when I got to UK airport, the immigration officer saw the Ghana stamps and told me they're fake and that I've never been to Ghana. I claimed I've been to Ghana but eventually I could not defend the stamps and admitted I've never been to Ghana before. The travel agent used my passport to fill the application form and he just listed all the country stamps he saw on the passport under my Travel History. So because Ghana was listed in the visa application as one of the countries I've visited, I was told I misrepresented information in my application, therefore visa was cancelled and entry denied. I was returned to Nigeria the following day.

With a new passport, I applied for Canada TRV in 2014 and 2015 and both approved. This UK denied entry was not mentioned in either of the applications as I thought the statutory questions were referring to just Canada, so I picked NO. Now I want to apply for Canada PR through the express entry and I want to make sure to correct this mistake and mention the denied entry but I really don't know if that's good enough.

What effects can this have on my PR application?
Can they charge me for misrepresentation in previous TRV applications even though there's no misrepresentation in this PR application?
How best can I address this situation?

Please seniors, your invaluable advice is needed. Thanks.


@legalfalcon @Bryanna @canuck_in_uk @canuck78 @Peacekeeper87 @LifeDreamer @qorax @scylla

What happened to your application? Any update?