My fiance got his visit visa rejection in 2019 and was deemed inadmissible due to misrepresentation. In the first letter it was written that as per section 40(2)a you and your spouse are inadmissible for a period of 5 years he was issued a fairness letter and he replied to it but the decision remained same but in second letter spouse was not mentioned, it was written you remain inadmissible for a period of five years. I am at post AOR stage and if we get married now will it make me inadmissible too and impact my profile in any way?
Inadmissibility to canada
- Thread starter Alishba ahmed
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Yes, this will create issues for your PR application if you get married now.My fiance got his visit visa rejection in 2019 and was deemed inadmissible due to misrepresentation. In the first letter it was written that as per section 40(2)a you and your spouse are inadmissible for a period of 5 years he was issued a fairness letter and he replied to it but the decision remained same but in second letter spouse was not mentioned, it was written you remain inadmissible for a period of five years. I am at post AOR stage and if we get married now will it make me inadmissible too and impact my profile in any way?
You should wait until after you are officially a PR before you get married.
You will need to wait until 2024 when the 5 year ban ends before you will be able to sponsor him for PR.
He is a surgeon and if he gets a fellowship offer will he be able to come for that there?Yes, this will create issues for your PR application if you get married now.
You should wait until after you are officially a PR before you get married.
You will need to wait until 2024 when the 5 year ban ends before you will be able to sponsor him for PR.
No. He is inadmissible.He is a surgeon and if he gets a fellowship offer will he be able to come for that there?
He cannot come to Canada for any reason until the 5 year ban is over.
I read on the cic website that if the reason for coming is genuine a temporary resident permit can be issued. Won’t it apply on this case?No. He is inadmissible.
He cannot come to Canada for any reason until the 5 year ban is over.
What happened that he got banned? What was the reason?My fiance got his visit visa rejection in 2019 and was deemed inadmissible due to misrepresentation. In the first letter it was written that as per section 40(2)a you and your spouse are inadmissible for a period of 5 years he was issued a fairness letter and he replied to it but the decision remained same but in second letter spouse was not mentioned, it was written you remain inadmissible for a period of five years. I am at post AOR stage and if we get married now will it make me inadmissible too and impact my profile in any way?
It's generally quite difficult to get a TRP approved.I read on the cic website that if the reason for coming is genuine a temporary resident permit can be issued. Won’t it apply on this case?
Normally TRPs are only approved in exceptional situations - for example, someone has an immediate family member in Canada who is dying and this is the person's last chance to see that family member.
Normally TRPs are not issued just because someone wants to work in Canada.
You should assume there is a high probability that he will not be able to come to Canada until 2024.
He failed to quote about his visa refusal to USA. He didn’t read the line completelyWhat happened that he got banned? What was the reason?
Isn’t there any way out of this situation? If there are ways to overcome criminal inadmissibility then why not for misrepresentation?It's generally quite difficult to get a TRP approved.
Normally TRPs are only approved in exceptional situations - for example, someone has an immediate family member in Canada who is dying and this is the person's last chance to see that family member.
Normally TRPs are not issued just because someone wants to work in Canada.
You should assume there is a high probability that he will not be able to come to Canada until 2024.
If I get married to him now so will it affect my profile too? My process is almost 90% doneIt's generally quite difficult to get a TRP approved.
Normally TRPs are only approved in exceptional situations - for example, someone has an immediate family member in Canada who is dying and this is the person's last chance to see that family member.
Normally TRPs are not issued just because someone wants to work in Canada.
You should assume there is a high probability that he will not be able to come to Canada until 2024.
Yes - this can affect your profile. Do not get married until after you have PR and have landed in Canada.If I get married to him now so will it affect my profile too? My process is almost 90% done
You can only apply for rehabilitation for criminal inadmissibility once at least 5 year have passed since the penalty for crime was completed. This also depends on the nature of the crime and approval is not guaranteed.Isn’t there any way out of this situation? If there are ways to overcome criminal inadmissibility then why not for misrepresentation?
The only way to overturn the 5 year ban you are dealing with is to appeal the decision immediately and prove IRCC made a mistake in applying the 5 year ban and no misrepresentation was made in the application. If the misrepresentation and ban happened in 2019, then it's too late for you to appeal at this point.
He can certainly try applying for a TPR. But again approval rates are generally low unless someone has a very pressing reason for traveling to Canada.
Misrepresenting information in an application to Canada is taken very seriously and unfortunately these are the consequences.