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Visa declined on border

Satti1313

Full Member
Jul 11, 2019
41
1
Hi there,
Please reply for my query.
My husband came Canada on visitor visa and stated at the airport that he came for tourism. But he had job offer and LMIA so he went on border in Canada after 4 days to submit his work visa application but an immigration officer refused his application and imposed section 40 (1) a, inadmissible for misrepresentation and told leave country within week. My question is, I asked an advisor that for how long he’s been banned but he said on his letter which been given by officer didn’t say he is banned. Advisor said there are two types of inadmissible section, in one there is bann and in other no ban. Moreover other officer who seized his passport said when he will report at airport in given time period there will be no charge for inadmissible and they will remove all charges and he can apply work visa outside Canada.
Is it true after getting 40(1)a not necessary to ban for five.
Please answer my question.
 

21Goose

VIP Member
Nov 10, 2016
5,246
1,616
AOR Received.
Feb 2017
What does the letter say specifically? It sounds like CBSA may have been kind to your husband by not banning him, but the letter is what you need to go by.
 

Satti1313

Full Member
Jul 11, 2019
41
1
What does the letter say specifically? It sounds like CBSA may have been kind to your husband by not banning him, but the letter is what you need to go by.
What does the letter say specifically? It sounds like CBSA may have been kind to your husband by not banning him, but the letter is what you need to go by.
Letter says 40(1)a nothing mentioned about inadmissibilty
 

21Goose

VIP Member
Nov 10, 2016
5,246
1,616
AOR Received.
Feb 2017
Officer said he could have inadmissible but didn’t happen because he withdrew his application.
If you have read the letter, and it says nothing about being banned for five years, then he isn't banned.

Have you read the letter yourself? Or are you going by what someone else is telling you?
 

Satti1313

Full Member
Jul 11, 2019
41
1
If you have read the letter, and it says nothing about being banned for five years, then he isn't banned.

Have you read the letter yourself? Or are you going by what someone else is telling you?
Yes I did and it doesn’t mention any ban period.
 

scylla

VIP Member
Jun 8, 2010
95,906
22,152
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Yes I did and it doesn’t mention any ban period.
He will find out for sure when he applies for the work permit once he is outside of Canada.
 

scylla

VIP Member
Jun 8, 2010
95,906
22,152
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Will they not tell him upon his departure at the airport?
He'll be dealing with CBSA at the airport. They may or may not tell him and they may or may not give him the right information.

IMO - he won't know for sure until he applies for the work permit from outside of Canada and sees what IRCC says.
 
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Satti1313

Full Member
Jul 11, 2019
41
1
He'll be dealing with CBSA at the airport. They may or may not tell him and they may or may not give him the right information.

IMO - he won't know for sure until he applies for the work permit from outside of Canada and sees what IRCC says.
Ok. But CBSA office said for sure he is not inadmissible.
 

Satti1313

Full Member
Jul 11, 2019
41
1
He'll be dealing with CBSA at the airport. They may or may not tell him and they may or may not give him the right information.

IMO - he won't know for sure until he applies for the work permit from outside of Canada and sees what IRCC says.
If he applies for work visa then when he will be able to know? I mean within how many days?
 

scylla

VIP Member
Jun 8, 2010
95,906
22,152
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
If he applies for work visa then when he will be able to know? I mean within how many days?
Hard to say. Work permits take anywhere from a few days to several months to process.