Misrepresentation+5 Years inadmissibility

[Islander216]

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?!

I'm not sure about not addressing it in an LOE, my own take is that they will already know you have the misrepresentation ban, so the LOE is getting ahead of that, and trying to do some damage control, and just acknowledging that you made a mistake in the past and are regretful of it. But the lawyer would know better about how it works in practice especially in Quebec at the provincial level. Maybe get a second opinion if you can just to confirm if possible.

I do understand their rational but they will already know about the ban regardless.

As for whether you should go through an immigration professional, generally i don't think it's necessary but because you are applying through Quebec, i've heard that the system has devolved into a bit of a mess there nowadays, and having a lawyer or consultant to check on your file, prevents your file getting neglected.

Make of that what you will.

 

[Samkazi3022]

Hi friends,
I was accused of misrepresentation by visa officer last month and got procedural fairness letter. i responded and told the truth about my mistake. and today i got response that there will be no ban for misrepresentation and have to apply for application again.
I just wanted to say that try to speak the truth when you get a chance form IRCC. they do listen.

can i ask what kind if musrepresentation did u do?

 

[Mady1331]

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.

Hi dear ,
I have a question regarding your appeal In court! Through which lawyer you filled your case ?? Please help me am in same situation bcz my husband got misrepresentation by not mentioning USA refusal in application and my permanent residency application already in process from last 8 months.am really worried!!

 

[Parm86]

Hi Mady, i go through same situation. My wife was failed to declare for USA refusal in detail box, but she answered Yes fir the question. Unfortunately she got 5 years miss representation and me as well. My PR was refused after 24 months for Ban. But good thing is the ban was not on me i am able to renew mu status. Noe 5 years over and 5 years over and PR file in process from 10 months. Don’t waist your money on lawyers. Court not going to accept case like this. Better you wait until 5 years over. You can renew you status and work in Canada. No one going to deport you

 

[Mady1331]

Hi Mady, i go through same situation. My wife was failed to declare for USA refusal in detail box, but she answered Yes fir the question. Unfortunately she got 5 years miss representation and me as well. My PR was refused after 24 months for Ban. But good thing is the ban was not on me i am able to renew mu status. Noe 5 years over and 5 years over and PR file in process from 10 months. Don’t waist your money on lawyers. Court not going to accept case like this. Better you wait until 5 years over. You can renew you status and work in Canada. No one going to deport you

So I can’t present any H&C strong aruguments or anything like that in our case so they process PR application even my husband disclose his refusal information of USA in first application of TRV while he got reject on PGWP application .but next 3 refusal applications which we applied we totally skipped that out of mind only focused on Canadian refusals.so he got misrepresentation.
so going to federal is not right decision?
please reply me so I can think about this

 

[Parm86]

I know this is frustrating, but i am talking from my experience. I tried H&C in court but they not accept. We have only 30 days for appeal after Ban. You can try i wish your application accept to hear. Which year your husband got Ban? My wife was only not mentioned in detail box but she answerd yes that she was refused in USA visa. Only for that we got 5 years. But now they changed and ban anymore for nit to declare US refused unti its not done intentionally. Bellissimo Law firm good in these cases. You can try good luck.

 

[Mady1331]

I know this is frustrating, but i am talking from my experience. I tried H&C in court but they not accept. We have only 30 days for appeal after Ban. You can try i wish your application accept to hear. Which year your husband got Ban? My wife was only not mentioned in detail box but she answerd yes that she was refused in USA visa. Only for that we got 5 years. But now they changed and ban anymore for nit to declare US refused unti its not done intentionally. Bellissimo Law firm good in these cases. You can try good luck.

He got ban on this on 7th may.yes this is so frustrating and devastating.I hope if I appeal they hear us.otherwise no option left for me because my work permit is going to extend only for 1 year because I had already closed work permit for 1 year before.and my work place can’t provide direct LMIA .
Good luck for your application.
Thank you so much for replying me .
May God fulfill your all wishes

 

[Parm86]

Got it now then you have time to appeal and go for it. I studied in similar cases the court lifted the ban. You have a chance jut carefully hire a good lawyer and am positive that you go through it. Best of luck and go for it.

 

[Mady1331]

I know this is frustrating, but i am talking from my experience. I tried H&C in court but they not accept. We have only 30 days for appeal after Ban. You can try i wish your application accept to hear. Which year your husband got Ban? My wife was only not mentioned in detail box but she answerd yes that she was refused in USA visa. Only for that we got 5 years. But now they changed and ban anymore for nit to declare US refused unti its not done intentionally. Bellissimo Law firm good in these cases. You can try good luck.

He got ban on this on 7th may.yes this is so frustrating and devastating.I hope if I appeal they hear us.otherwise no option left for me because my work permit is going to extend only for 1 year because I had already closed work permit for 1 year before.and my work place can’t provide direct LMIA .
Good luck for your application.
Thank you so much for replying me .
May God fulfill your all wishes

If it possible please contact me through email Arshpreet.dhillon8@gmail.com

 

[Mady1331]

Got it now then you have time to appeal and go for it. I studied in similar cases the court lifted the ban. You have a chance jut carefully hire a good lawyer and am positive that you go through it. Best of luck and go for it.

Thank you so much for giving me positive reply .seriously your reply means a lot .much appreciated

 

[canuck78]

He got ban on this on 7th may.yes this is so frustrating and devastating.I hope if I appeal they hear us.otherwise no option left for me because my work permit is going to extend only for 1 year because I had already closed work permit for 1 year before.and my work place can’t provide direct LMIA .
Good luck for your application.
Thank you so much for replying me .
May God fulfill your all wishes

Would suggest hiring a lawyer to help draft a reconsideration letter.

 

[Nustinism]

Hi Chahal, im facing the same situation now , i unintentionally didn't provide details about a USA refusal visa when i was rejected 2 years ago, but i checked the box as (yes) where they asked about (have you ever been rejected by a canadian visa or any other country) i just mentioned in the next question where you need to provide details, about a refusal canadian visa when i applied 7 months ago since im applying for canadian visa for one more time now. i received an procedural fairness letter saying inside it ( i may be inadmissible for misrepresentation for a period of five years for entering canada) but at the end of the letter they told me (Before rending a decision, I am providing you with an opportunity to respond to my concerns. Please submit any evidence, proof or information you would like in order to alleviate my concerns listed above within thirty (30) days).
my question is: is there any tips you used sending your letter back or any specific structure, im afraid to get inadmissible!
any help would be very appreciated. thank you

Hi

sorry its my first time here. What happen to your case now?

 

[itspossible9]

Hi Mahdi, not sure if you are still in the forum, but I am posting just in case.
I am in the exact same situation as you. I didn't declare previous US visa refusal in study permit and post graduate work permit application but still got them. I have Post graduate work permit valid until 2021. I recently applied TRV and awaiting decision. I come to your thread and get really panic. Is your US refusal happened after or before you made PGWP applications? How come CIC found US refusal only in TRV but not in PGWP? Thank you.
Meanwhile, wish you a great life in Canada and maybe apply for PR after the misrepresentation period end. Thank you again.

@markhamboy What happened in your case?

 

[strandedmind]

Hi all,

I need your advise. I was refused PR sometimes in 2013 due to insufficient point for education and experience.
I had applied under skill level B and I claimed education through apprenticeship. Apparently VO didn't recognize my apprenticeship certificate which led to the collapse of the whole application.

The problem is that I have a college degree that I didn't disclose, my representative convinced me it wasn't necessary since I was claiming point as a carpenter, and that it would conflict with my points. That was a clear misrepresentation on my part.

Long story short, I was called for an interview sometimes early 2013 and drilled by the VO for about an hour, In fact, I was given a technical test and had 97%. She was surprised and confused but yet intuitively not convinced; she left the cubicle for minutes, perhaps to seek second thoughts or whatever it could've been, and she returned, told me point blank that she thinks I'm college educated and didn't disclose to her, that she checked my Facebook and saw that all my friend connections were college educated. She suggested it's better I stomach the pain to accept the truth now instead of complicating my case and risking a possible ban. I kept a straight face and didn't argue with her.

Eventually, she went ahead to refuse my PR application but without a ban. Now 6 years later, I have a Phd with enough professional experience. I want to reapply, which means I will have to disclose the bachelors degree which I hadn't earlier disclosed in my previous application.

Question: 1. Do ya'll think I could be hammered with misrepresentation now, due to the interesting find that I magically have a college degree now? Especially because a different VO will be handling my case. That said, I of course will fill this new application by myself and be as truthful as it gets.
2. Is it logical to assume that, if I wasn't banned 6 years ago, I couldn't be banned this time on the basis of an old refusal, since its going to be a fresh application. Furthermore, it's been over 6 years; even if I had been banned, I'd be free to reapply now.

I am not making any theories here, just putting the questions out there.

Thanks

 

[k.h.p.]

Hi all,

I need your advise. I was refused PR sometimes in 2013 due to insufficient point for education and experience.
I had applied under skill level B and I claimed education through apprenticeship. Apparently VO didn't recognize my apprenticeship certificate which led to the collapse of the whole application.

The problem is that I have a college degree that I didn't disclose, my representative convinced me it wasn't necessary since I was claiming point as a carpenter, and that it would conflict with my points. That was a clear misrepresentation on my part.

Long story short, I was called for an interview sometimes early 2013 and drilled by the VO for about an hour, In fact, I was given a technical test and had 97%. She was surprised and confused but yet intuitively not convinced; she left the cubicle for minutes, perhaps to seek second thoughts or whatever it could've been, and she returned, told me point blank that she thinks I'm college educated and didn't disclose to her, that she checked my Facebook and saw that all my friend connections were college educated. She suggested it's better I stomach the pain to accept the truth now instead of complicating my case and risking a possible ban. I kept a straight face and didn't argue with her.

Eventually, she went ahead to refuse my PR application but without a ban. Now 6 years later, I have a Phd with enough professional experience. I want to reapply, which means I will have to disclose the bachelors degree which I hadn't earlier disclosed in my previous application.

Question: 1. Do ya'll think I could be hammered with misrepresentation now, due to the interesting find that I magically have a college degree now? Especially because a different VO will be handling my case. That said, I of course will fill this new application by myself and be as truthful as it gets.
2. Is it logical to assume that, if I wasn't banned 6 years ago, I couldn't be banned this time on the basis of an old refusal, since its going to be a fresh application. Furthermore, it's been over 6 years; even if I had been banned, I'd be free to reapply now.

I am not making any theories here, just putting the questions out there.

Thanks

If, despite all that, you did not get a 5 year misrepresentation ban, you can absolutely apply now, declare all your education properly, and if you feel so moved, include a letter of explanation explaining why it was not declared earlier.

If you declare it now, you shouldn't be banned for misrepresentation now.