Ban for 5 years, 40(1)a clause

[gregheat]

Hello , i m married with canadian citizen since 2018 and we live actually in colombia. We want to pass time in Canada but i m blocked section 40(1)(a) . i pay company to make paper for visit in 2017 and they don t put that i have problem with usa for working with visa tourist law usa 235 (b) (1) . we ask for 2 times and they refused and say that i m blocked 5 years . we need to go to canada because my husband have 2 babys and want to put them again in canadian school. i dont understand why people criminal can ask for rehabilitation and me which make a smaller mistake can ask for anything. No criminal record , married with canadian citizen , take care of 2 babys canadian but no possibility. i send demand of rehabilitation in the same time

I read 2-3 posts on forum and i see that is no possible to ask for any visa until the end of the 5 years so why criminal can ask for rehabilitation before the end of the 5 years ?

Thank you everyone in advance and sorry for my bad english

 

[canuck_in_uk]

Hello , i m married with canadian citizen since 2018 and we live actually in colombia. We want to pass time in Canada but i m blocked section 40(1)(a) . i pay company to make paper for visit in 2017 and they don t put that i have problem with usa for working with visa tourist law usa 235 (b) (1) . we ask for 2 times and they refused and say that i m blocked 5 years . we need to go to canada because my husband have 2 babys and want to put them again in canadian school. i dont understand why people criminal can ask for rehabilitation and me which make a smaller mistake can ask for anything. No criminal record , married with canadian citizen , take care of 2 babys canadian but no possibility. i send demand of rehabilitation in the same time

I read 2-3 posts on forum and i see that is no possible to ask for any visa until the end of the 5 years so why criminal can ask for rehabilitation before the end of the 5 years ?

Thank you everyone in advance and sorry for my bad english

Criminals can't apply for Rehabilitation before 5 years.

You committed immigration fraud and are banned for 5 years. There was no point in submitting a Rehabilitation app.

 

[gregheat]

Thanks for the answer. I didn t know that it was criminal . In the demande with the confusion they didn t mentionned that i was blocked on the case 2 years or 5 years . Only the case 40(1)

Anyway

 

[bellaluna]

Have your husband apply for the officer’s case notes for your rejection. It should be clarified there if you say it wasn’t in the refusal letter.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/transparency/access-information-privacy/requests-information-act.html

 

[gregheat]

Thank you very much for this answer .. It s applied

 

[scylla]

Thank you very much for this answer .. It s applied

Rehabilitation is not an option for you - it doesn't apply. You have only two options at this time:

1) Wait out the five years and forget about coming to Canada until 2022.
2) Try applying for a TRP.

 

[gregheat]

TRP can you specify please resident temporaly ?

i ask for visitor visa + imm1444 because agent of citizen said to me that it can be nice because my mistake ( a company make a demande for me and didn t mention that i work with tourist visa in states ) is not a criminal mistake and the situation with my canadian family can help to find a way.

I read a lot on this and on canadian site they said that it s up to the agent to give special permission.

Problem is that in the colombia looks like they don t care and don t pay attention in all the demand

 

[scylla]

TRP can you specify please resident temporaly ?

i ask for visitor visa + imm1444 because agent of citizen said to me that it can be nice because my mistake ( a company make a demande for me and didn t mention that i work with tourist visa in states ) is not a criminal mistake and the situation with my canadian family can help to find a way.

I read a lot on this and on canadian site they said that it s up to the agent to give special permission.

Problem is that in the colombia looks like they don t care and don t pay attention in all the demand

If you apply for a regular visitor visa (TRV - temporary resident VISA) - refusal is guaranteed. It doesn't matter who made the misrepresentation in 2017 - you are responsible. There is no point applying for a TRV.

You need to apply for a temporary resident PERMIT (TRP).

 

[gregheat]

oh no i was thinking that the trp is a visa that the agent give by himself like the agent said to me. looks like i didn t receveid good information.

Do you have a link for the demand. If i find the document i applied again in the moment. thank you very much for your help it s very appreciate to find a place like here.

 

[scylla]

oh no i was thinking that the trp is a visa that the agent give by himself like the agent said to me. looks like i didn t receveid good information.

Do you have a link for the demand. If i find the document i applied again in the moment. thank you very much for your help it s very appreciate to find a place like here.

I'm not sure who you are referring to when you say "agent".

Whether the TRP is approved is up to the IRCC officer. Approval is certainly not guaranteed and TRPs are generally difficult to get. Details are below:

http://www.cic.gc.ca/english/information/inadmissibility/apply-where.asp

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits.html

 

[gregheat]

I am looking for the IMM for the trp . i ever visit this link but it don t give me the formulary to use so no choice before to ask for visitor with IMM1444 to obtain by the agent the TRP

Do you know which document i have to use for asking a TRP ?

 

[scylla]

I am looking for the IMM for the trp . i ever visit this link but it don t give me the formulary to use so no choice before to ask for visitor with IMM1444 to obtain by the agent the TRP

Do you know which document i have to use for asking a TRP ?

You need to follow the instructions here:

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/inadmissibility/temporary-resident-permits.html

If this is too confusing, you'd be best off hiring a lawyer to help you.

 

[Usb999]

Hi as you told u have problem with USA and 5years ban from there so what's happen with Canada.be clear plz

 

[canuck78]

Hi as you told u have problem with USA and 5years ban from there so what's happen with Canada.be clear plz

You were not honest about your immigration issues with the US so it became a Canadian issue as well. Had you been honest you would have been fine.

 

[gregheat]

Hello everyone .

Thank you for the answer . We received a TRP :

issue:12-2019

expiry:01-2022 ( end of block )

category PA-1 .( What it mean ?)

entry: multiple

If everything good normally we will have 6 months as visitor in custom ?

How it work to extend stay ? only go out of country and go in or send new paper to extend time ?

thank you in advance