Misrepresentation

[mishri]

I am on student visa.

and applied for my spouse open work permit.
She forgot to mention about our Visa refusal from USA. we had given answer to procedural fairness letter and refusal letter of usa. then we got this below letter.

Thank you for your interest in working in Canada. After careful review of your work permit application and supporting documentation under the Temporary Foreign Worker Program, I have determined that your application does not meet the requirements of the Immigration and Refugee Protection Act (IRPA) and Immigration and Refugee Protection Regulations (IRPR). I am refusing your application on the following grounds:
• I am not satisfied that you have truthfully answered all questions asked of you.
• You have been found inadmissible to Canada in accordance with paragraph 40(1)(a) of the Immigration and Refugee Protection Act (IRPA) for directly or indirectly misrepresenting or withholding material facts relating to a relevant matter that induces or could induce an error in the administration of the IRPA. In accordance with paragraph A40(2)(a), you will remain inadmissible to Canada for a period of five years from the date of this letter or from the date a previous removal order was enforced.
You are welcome to reapply if you feel that you can respond to these concerns and can demonstrate that your situation meets the requirements. All new applications must be accompanied by a new processing fee.

Questions:
1. What does it mean? Whether ban for five years or still as per last para I can reapply.
2. If it is ban what are possible ways to reverse it.

 

[scylla]

I am on student visa.

and applied for my spouse open work permit.
She forgot to mention about our Visa refusal from USA. we had given answer to procedural fairness letter and refusal letter of usa. then we got this below letter.

Thank you for your interest in working in Canada. After careful review of your work permit application and supporting documentation under the Temporary Foreign Worker Program, I have determined that your application does not meet the requirements of the Immigration and Refugee Protection Act (IRPA) and Immigration and Refugee Protection Regulations (IRPR). I am refusing your application on the following grounds:
• I am not satisfied that you have truthfully answered all questions asked of you.
• You have been found inadmissible to Canada in accordance with paragraph 40(1)(a) of the Immigration and Refugee Protection Act (IRPA) for directly or indirectly misrepresenting or withholding material facts relating to a relevant matter that induces or could induce an error in the administration of the IRPA. In accordance with paragraph A40(2)(a), you will remain inadmissible to Canada for a period of five years from the date of this letter or from the date a previous removal order was enforced.
You are welcome to reapply if you feel that you can respond to these concerns and can demonstrate that your situation meets the requirements. All new applications must be accompanied by a new processing fee.

Questions:
1. What does it mean? Whether ban for five years or still as per last para I can reapply.
2. If it is ban what are possible ways to reverse it.

It means she is banned from Canada for 5 years due to failing to mention her U.S. visa refusal and misrepresenting this information in her application.

The last paragraph is a standard line in all letters. It does not apply to her. She cannot reapply since she has been banned.

You would need to hire a lawyer in Canada to try to overturn this appeal. However I'm not sure there is any point. Your wife did in fact misrepresent herself in the application by failing to mention the U.S. refusal. The refusal and ban were correctly applied.

 

[mishri]

Thank you Scylla.
My studies will be over in July-2021. then I will apply for PGWP and I will get it for three years.
During thins three years can I applied for PR and what about my spouse.

 

[Copingwithlife]

Thank you Scylla.
My studies will be over in July-2021. then I will apply for PGWP and I will get it for three years.
During thins three years can I applied for PR and what about my spouse.

They are banned, as the letter states for five years

 

[canuck_in_uk]

Thank you Scylla.
My studies will be over in July-2021. then I will apply for PGWP and I will get it for three years.
During thins three years can I applied for PR and what about my spouse.

You are inadmissible for PR as long as your spouse is banned. You would either have to wait until after her ban is up or get divorced to apply for PR.

 

[mishri]

You are inadmissible for PR as long as your spouse is banned. You would either have to wait until after her ban is up or get divorced to apply for PR.

That Means I cannot alone apply for PR.

 

[canuck_in_uk]

That Means I cannot alone apply for PR.

Not if you are married to her and her ban is still in effect.

 

[Armrarl]

It means she is banned from Canada for 5 years due to failing to mention her U.S. visa refusal and misrepresenting this information in her application.

The last paragraph is a standard line in all letters. It does not apply to her. She cannot reapply since she has been banned.

You would need to hire a lawyer in Canada to try to overturn this appeal. However I'm not sure there is any point. Your wife did in fact misrepresent herself in the application by failing to mention the U.S. refusal. The refusal and ban were correctly applied.

Hi scylla,
I also applied for my husband's work visa on last april after his 1st rejection, but they gave us 15 days for our final submission regarding this. After that they will ban him for 5 years. We were married on June 21st 2019 and we have lack of photos with our family (only honeymoon pics) which we explained in the sop. Also gave a detail about what happened during our marriage. Can you help us regarding this ? Plz?

 

[Armrarl]

Not if you are married to her and her ban is still in effect.

Can you help me with my case? Plz ?

 

[scylla]

Hi scylla,
I also applied for my husband's work visa on last april after his 1st rejection, but they gave us 15 days for our final submission regarding this. After that they will ban him for 5 years. We were married on June 21st 2019 and we have lack of photos with our family (only honeymoon pics) which we explained in the sop. Also gave a detail about what happened during our marriage. Can you help us regarding this ? Plz?

What exactly did the letter say? Post the letter here removing any personal information.

 

[Armrarl]

What exactly did the letter say? Post the letter here removing any personal information.

document

 

[Armrarl]

document

Can you see the attachment ?

 

[scylla]

Can you see the attachment ?

Yes.

You need to provide stronger evidence that your relationship is genuine. It's pretty unusual not to have photos of your wedding. What country are you from / where did you get married?

Other than the honeymoon photos, what other evidence of your marriage / relationship can you provide?

The PFL letter is a serious matter. Consider hiring a lawyer to help you respond.

 

[Armrarl]

Yes.

You need to provide stronger evidence that your relationship is genuine. It's pretty unusual not to have photos of your wedding. What country are you from / where did you get married?

Other than the honeymoon photos, what other evidence of your marriage / relationship can you provide?

I am from India. We took LIC with me as nominee and have a fixed deposit of above 5 lakh an me as nominee. We don't have photos because our marriage was temple marriage and we were in love for about 6 years and we have pictures of all our togetherness. Can we provide letter from any government authorities especially judiciary stating that we were married and completed our 1st anniversary.

 

[scylla]

I am from India. We took LIC with me as nominee and have a fixed deposit of above 5 lakh an me as nominee. We don't have photos because our marriage was temple marriage and we were in love for about 6 years and we have pictures of all our togetherness. Can we provide letter from any government authorities especially judiciary stating that we were married and completed our 1st anniversary.

At this point I would recommend you hire a lawyer to help you with the response since this is a very serious matter.

If you did nihak only and no rukhsati, IRCC will sometimes have a problem with this and say you are not truly married until after rukhsati.