Visa declined on border

[Satti1313]

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]

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]

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

 

[Satti1313]

Letter says 40(1)a nothing mentioned about inadmissibilty

Officer said he could have inadmissible but didn’t happen because he withdrew his application.

 

[21Goose]

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]

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]

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.

 

[Satti1313]

He will find out for sure when he applies for the work permit once he is outside of Canada.

Will they not tell him upon his departure at the airport?

 

[21Goose]

Will they not tell him upon his departure at the airport?

He can certainly ask them. Since he's following the rules now they will probably be friendly and will give him the information.

 

[scylla]

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.

 

[Satti1313]

He can certainly ask them. Since he's following the rules now they will probably be friendly and will give him the information.

Ok. Thank you so much for your time and information.

 

[Satti1313]

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]

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]

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.

 

[Satti1313]

Hard to say. Work permits take anywhere from a few days to several months to process.

Ok so you mean they don’t disclose upon submission of application?