5years bann from Canada

[Prachi Singh]

Hi there,
I had applied for joint application for .y study permit and my soiusp work permit on 18 th March,2019.
After which we received a letter regarding asking us for procedure fairness about my husband US tourist visa refusal (in 2015)..
And we replied about it that it was done by mistake, which IRCC didn't respond at that time. Then my deferal admission was provided by the University after paying first year fee. Then my husband's visa refusal and 5 years bann came from IRCC and there is no update to my application yet.
We are going to appeal for overturn the bann from my husband's application.
Hoping that I might get my visa soon... Is it advisable for us to make an appeal through lawyer in Canada for overturn of mu husband bann of 5 yesrs

 

[Prachi Singh]

Hi there,
I had applied for joint application for .y study permit and my soiusp work permit on 18 th March,2019.
After which we received a letter regarding asking us for procedure fairness about my husband US tourist visa refusal (in 2015)..
And we replied about it that it was done by mistake, which IRCC didn't respond at that time. Then my deferal admission was provided by the University after paying first year fee. Then my husband's visa refusal and 5 years bann came from IRCC and there is no update to my application yet.
We are going to appeal for overturn the bann from my husband's application.
Hoping that I might get my visa soon... Is it advisable for us to make an appeal through lawyer in Canada for overturn of mu husband bann of 5 yesrs

My husband's application is banned due to misrepresentation clause

 

[k.h.p.]

Why do you think you can have the ban overturned? He was correctly banned, he misrepresented.

You must have a Canadian lawyer attempt to overturn the ban, which can only be done through the Federal Courts, after identifying a true error in law as it was applied by the visa officer through judicial review.

 

[canuck_in_uk]

Hi there,
I had applied for joint application for .y study permit and my soiusp work permit on 18 th March,2019.
After which we received a letter regarding asking us for procedure fairness about my husband US tourist visa refusal (in 2015)..
And we replied about it that it was done by mistake, which IRCC didn't respond at that time. Then my deferal admission was provided by the University after paying first year fee. Then my husband's visa refusal and 5 years bann came from IRCC and there is no update to my application yet.
We are going to appeal for overturn the bann from my husband's application.
Hoping that I might get my visa soon... Is it advisable for us to make an appeal through lawyer in Canada for overturn of mu husband bann of 5 yesrs

There is no point in appealing. The refusal and ban was correct under the law and will not be overturned.

 

[scylla]

My husband's application is banned due to misrepresentation clause

There is nothing to appeal. Your husband was correctly refused and banned.

 

[canuck78]

Unfortunately you have some tough decisions. You can go study in Canada without your husband, work under PGWP and once your husband’s ban is over you can apply for PR. Other option is to stay in your home country or explore other study options in another country.

 

[RefugeeHelp1]

Hi there,
I had applied for joint application for .y study permit and my soiusp work permit on 18 th March,2019.
After which we received a letter regarding asking us for procedure fairness about my husband US tourist visa refusal (in 2015)..
And we replied about it that it was done by mistake, which IRCC didn't respond at that time. Then my deferal admission was provided by the University after paying first year fee. Then my husband's visa refusal and 5 years bann came from IRCC and there is no update to my application yet.
We are going to appeal for overturn the bann from my husband's application.
Hoping that I might get my visa soon... Is it advisable for us to make an appeal through lawyer in Canada for overturn of mu husband bann of 5 yesrs

Good Luck with the appeal.

 

[Prachi Singh]

We had a word with the lawyer in Vancouver, Canada.. He said we might get out turn on bann, we are really confused about making apeal or not.. please help me out guys...
One more thing I would like to tell you that I have submitted all my first year fees.. which will be refunded only if I get a rejection on my visa else 50-75percent of my fee will be refunded only if I deny from taking admission.
But for now I have not received any thing on my application. It is still under process...
What is the time limit to make an appeal???

 

[canuck_in_uk]

We had a word with the lawyer in Vancouver, Canada.. He said we might get out turn on bann, we are really confused about making apeal or not.. please help me out guys...
One more thing I would like to tell you that I have submitted all my first year fees.. which will be refunded only if I get a rejection on my visa else 50-75percent of my fee will be refunded only if I deny from taking admission.
But for now I have not received any thing on my application. It is still under process...
What is the time limit to make an appeal???

Of course the lawyer said that. They want your money.

In order to appeal, you have to actually hire a lawyer and file a case with Federal Court. Expect to pay thousands and thousands of dollars and waste months and months of time for nothing. The court will only look at whether the decision was valid under the law. They will not listen to excuses or any look at any other documentation you may want to submit. As the decision was 100% correct under the law, the appeal will be refused and the ban will stand.

 

[Skyline2019]

We had a word with the lawyer in Vancouver, Canada.. He said we might get out turn on bann, we are really confused about making apeal or not.. please help me out guys...
One more thing I would like to tell you that I have submitted all my first year fees.. which will be refunded only if I get a rejection on my visa else 50-75percent of my fee will be refunded only if I deny from taking admission.
But for now I have not received any thing on my application. It is still under process...
What is the time limit to make an appeal???

Why was your husbandd rejected?? For not showing in the canada visa application form that his usa tourist visa was rejected?? m i right???

 

[Prachi Singh]

Yes, he was denied under misinterpretation of not mentioning about his tourist visa refusal of US.. But this was totally unintentional we were not able to understand the question.

 

[canuck_in_uk]

Yes, he was denied under misinterpretation of not mentioning about his tourist visa refusal of US.. But this was totally unintentional we were not able to understand the question.

There is zero ambiguity about the question. It is pretty clear what is being asked.

 

[Skyline2019]

Yes, he was denied under misinterpretation of not mentioning about his tourist visa refusal of US.. But this was totally unintentional we were not able to understand the question.

Very sadto hear about this..

 

[Prachi Singh]

Now I'm really confused about going further with the appeal because my application is still under process.. Hoping that imI going to get my study permit then my husband should also come with me if his bann is removed.

 

[Skyline2019]

Now I'm really confused about going further with the appeal because my application is still under process.. Hoping that imI going to get my study permit then my husband should also come with me if his bann is removed.

U should get your visa first and aftr coming to canada talk with lawyers in person about his case