Will it be misrepresentation?

[k.h.p.]

How can she apply for WP if the ban isn’t lifted yet?

She can't.

 

[Islander216]

I mean after her ban is lifted, so that OP can maintain legal status while her application is getting processed.

 

[upon]

She can't.

But again, she claims to have TRP which gives her a legal status. So the ban is irrelevant now right? I don’t know how was she able to obtain TRP during the ban - but that is a really good news I guess and a green light to apply for anything regardless of ban.

 

[k.h.p.]

But again, she claims to have TRP which gives her a legal status. So the ban is irrelevant now right? I don’t know how was she able to obtain TRP during the ban - but that is a really good news I guess and a green light to apply for anything regardless of ban.

A TRP overcomes inadmissibility in extreme cases. I'm not sure it's a "get out of jail free card"

 

[Islander216]

I don't think it works like that, she may have been given a TRP based on H&C grounds, it doesn't mean her ban is irrelevant or that if she applies for another status or application, that it'll be accepted.

 

[k.h.p.]

I don't think it works like that, she may have been given a TRP based on H&C grounds, it doesn't mean her ban is irrelevant or that if she applies for another status or application, that it'll be accepted.

This is my understanding. She'd need to apply for a TRP again in another application, perhaps. But I don't know and could be wrong.

 

[ShameA]

You have to wait for the ban to be over before you can apply for anything, there are no exceptions to that unless it's H&C. But that's a high bar to meet especially with a misrepresentation ban in force.

If you're working in a managerial position, could your employer sponsor you for a work permit?

The 5 years ban are over this Feb. 21, 2021! My employer willing to apply a LMIA for my position But my lawyer keep saying cant be because my misrepresentation. They keep saying to me those 5 years ban start if I left Canada. I don't know what is true

 

[Islander216]

The 5 years ban are over this Feb. 21, 2021! My employer willing to apply a LMIA for my position But my lawyer keep saying cant be because my misrepresentation. They keep saying to me those 5 years ban start if I left Canada. I don't know what is true

Okay, to be honest this is beyond my knowledge.

I understand what they're saying, your misrepresentation ban has to be served outside of Canada, while you're here that time isn't accumulated.

On this, i have to let others answer, or i think you should get a second opinion from another immigration lawyer.

But the logic is sound, it's just further complicated by your TRP, and whether that gives you reprieve or not from that condition if it applies.

You need professional help.

 

[ShameA]

Okay, to be honest this is beyond my knowledge.

I understand what they're saying, your misrepresentation ban has to be served outside of Canada, while you're here that time isn't accumulated.

On this, i have to let others answer, or i think you should get a second opinion from another immigration lawyer.

But the logic is sound, it's just further complicated by your TRP, and whether that gives you reprieve or not from that condition if it applies.

You need professional help.

thank you