Misrepresentation+5 Years inadmissibility

[meyti]

Dear all,

I hope that all of you do very well. I am the first guy how started this topic 3 years ago. I would like to update everyone about myself.

• I got 5 years inadmissbility due to not menionsning USA visa refusal; even by answering YES to related question on the forms!
• I went to court; however, they did not even let the case goes for hearing and it was dissmissed at the first step (cost me around 2500 CAD!!!)
• I left canada and started a new life in another country!!
• Recently, I got my CAQ (Certificat de sélection du Québec) and it is valid up to one month before the end of my 5 years ban!!! My bad!!!!

I would like to apply for Permanent Residence (Quebec Skilled Worker Class) before the expiration date of my CSQ. It means that I still have the ban at the time of PR application. The good point is that the processing time for getting PR is 17 months! It means that once the officer starts to review my PR application, the ban is already finished!

Do you have any advise for me? Thanks a lot in advance.

 

[k.h.p.]

Dear all,

I hope that all of you do very well. I am the first guy how started this topic 3 years ago. I would like to update everyone about myself.

• I got 5 years inadmissbility due to not menionsning USA visa refusal; even by answering YES to related question on the forms!
• I went to court; however, they did not even let the case goes for hearing and it was dissmissed at the first step (cost me around 2500 CAD!!!)
• I left canada and started a new life in another country!!
• Recently, I got my CAQ (Certificat de sélection du Québec) and it is valid up to one month before the end of my 5 years ban!!! My bad!!!!

I would like to apply for Permanent Residence (Quebec Skilled Worker Class) before the expiration date of my CSQ. It means that I still have the ban at the time of PR application. The good point is that the processing time for getting PR is 17 months! It means that once the officer starts to review my PR application, the ban is already finished!

Do you have any advise for me? Thanks a lot in advance.

The ban has to be expired at date of application, not date of processing.

 

[meyti]

The ban has to be expired at date of application, not date of processing.

Thanks! but That is why I have written the post. What is the advise or solution!

 

[Islander216]

Submit the application before your CSQ expires with an LOE stating the situation and ask for leniency, see what happens.

 

[k.h.p.]

Thanks! but That is why I have written the post. What is the advise or solution!

To apply after your ban is finished.

 

[Buletruck]

Submit the application before your CSQ expires with an LOE stating the situation and ask for leniency, see what happens.

That won’t make a difference. The application will be rejected as the OP is banned from any applications until the 5 years is over.

 

[Islander216]

That won’t make a difference. The application will be rejected as the OP is banned from any applications until the 5 years is over.

By a month? They might make an exception. It's a federal ban, his CSQ is at the provincial level initially by the time it gets processed at the federal level it most likely would already be over.

Worth a shot in my mind especially with a contrite LOE.

 

[Buletruck]

By a month? They might make an exception. It's a federal ban, his CSQ is at the provincial level initially by the time it gets processed at the federal level it most likely would already be over.

Worth a shot in my mind especially with a contrite LOE.

Yes, by a month. It’s a 5 year ban. Not 4ish years or almost 5 years. Anything submitted prior to the ban expiring will be refused as the OP is ineligible. It’s always based on date the application is received.

 

[Islander216]

Sure, i think it's worth a shot for a provincial application, feel free to disagree.

The worse they can do is say no.

You can say the same thing about people who don't comply with their RO, doesn't matter if they're not compliant by a month, they will get reported. The truth is in reality many aren't reported upon entry.

So there's no harm in trying.

 

[k.h.p.]

Sure, i think it's worth a shot for a provincial application, feel free to disagree.

The worse they can do is say no.

You can say the same thing about people who don't comply with their RO, doesn't matter if they're not compliant by a month, they will get reported. The truth is in reality many aren't reported upon entry.

So there's no harm in trying.

There's no harm in trying except for yet another refusal you have to declare or be banned again for misrepresentation again.

 

[Islander216]

The LOE would address the misrepresentation ban and the fact it's close to expiring, so i don't think there is a risk of misrepresentation because you're not omitting it. I mentioned that earlier.

Another refusal is hardly an issue for someone with OP's history, what would be more important is not letting a CSQ potentially go to waste.

OP can always get the advice of a immigration professional because it is a situation at the margins, but there are several instances of flexibility on the part of IRCC when it comes to people's applications. Additionally, i'm not sure if he or she got a PFL back then, but nowadays it would be likely to receive one for a single visa refusal which was omitted.

 

[meyti]

To apply after your ban is finished.

SImply, I cannot! becuase if the ban get finished, I would not have a valid CSQ!!

 

[scylla]

SImply, I cannot! becuase if the ban get finished, I would not have a valid CSQ!!

Can you get your CSQ extended?

 

[meyti]

The LOE would address the misrepresentation ban and the fact it's close to expiring, so i don't think there is a risk of misrepresentation because you're not omitting it. I mentioned that earlier.

Another refusal is hardly an issue for someone with OP's history, what would be more important is not letting a CSQ potentially go to waste.

OP can always get the advice of a immigration professional because it is a situation at the margins, but there are several instances of flexibility on the part of IRCC when it comes to people's applications. Additionally, i'm not sure if he or she got a PFL back then, but nowadays it would be likely to receive one for a single visa refusal which was omitted.

I talked with a lawyer recently! he said: 'it is up to officer to overlook the ban and let it go! or simply reject the application.'


For sure, I will clearly mention my inadmissibility in the related part of forms! so I do not think that there is a reason for getting another misrepresentation and ban!

The lawyer said to me not to include LOE (asking for forgiveness etc.) ! he said send your application same as an idiot and do not provide the clear reason to the officer for rejection!


So up to now, my conclusion is:

Writing a cover letter and showing the all money and scholarships that Canadian government paid me to get educated. And show my interest to come back to Canada in the case that they provide me a PR!

What is your idea! I am wondering does it really make a difference if an immigiration professional apply instead of me?!

 

[meyti]

Can you get your CSQ extended?

IT was possible before, but in the recent years they only issue a CSQ for 3 years without any extension. However, If I apply before expiration, it would be valid, until a decision is made on the case!