2 years banned due to misrepresentation

[matanol]

My spouse sponsored me from Canada in 2008 after our marriage in our native country in 2007 .My spouse counsel did not mention my previous marriage (already divorced in 1996 and i have divorce paper of court) during forms filling to avoid case delay. During my interview in Jan 2010 officer raise this point and inform me about my case rejection and 2 years banned and stamp on my passport. I have not yet received any decision. He inform me 2 years banned in interview, my question is
1. Banned period starts from the date of interview or date of Case decision or the date of case submitted in Canada in 2008?
2. If they have decided my rejection (as they mention during interview) than why they are not giving decision in written (nine month pass after interview
3. My wife :'( is alone in Canada with one kid although she visit me many time during our case and she is expecting second one in Nov 2010, is there any humanitarian ground to visit her during my second child birth.
Please help me in this regard

 

[lynw]

My spouse sponsored me from Canada in 2008 after our marriage in our native country in 2007 .My spouse counsel did not mention my previous marriage (already divorced in 1996 and i have divorce paper of court) during forms filling to avoid case delay. During my interview in Jan 2010 officer raise this point and inform me about my case rejection and 2 years banned and stamp on my passport. I have not yet received any decision. He inform me 2 years banned in interview, my question is
1. Banned period starts from the date of interview or date of Case decision or the date of case submitted in Canada in 2008?
2. If they have decided my rejection (as they mention during interview) than why they are not giving decision in written (nine month pass after interview
3. My wife :'( is alone in Canada with one kid although she visit me many time during our case and she is expecting second one in Nov 2010, is there any humanitarian ground to visit her during my second child birth.
Please help me in this regard

You lied, they banned you. You should be thankful it's only a two year ban and not charges of fraud. Also why on earth would you cover up a previous marriage unless there is something wrong? To save time my foot....

 

[matanol]

thanx for ur reply,my spouse counsel advise for this act,please give me suggestion regarding
1.why my decission is not taken place.(they only inform me about my two yeasrs banned in interview in jan 2010) and they have not sent me any written decission till now nine month pass
2.what is the rule for for banned ?
3.date of banned is counted from date of interview in my case jan 2010 or date of case decission when they will send me.

 

[Leon]

A40(2)(a): The permanent resident or the foreign national continues to be inadmissible for misrepresentation for a period of two years following, in the case of a determination outside Canada, a final determination of inadmissibility under subsection A40(1) or, in the case of a determination in Canada, the date the removal order is enforced.
A64(3): Sponsor’s right to appeal:
No appeal may be made under A63(1) in respect of a decision that was based on a finding of inadmissibility on the ground of misrepresentation, unless the foreign national in question is the sponsor’s spouse, common-law partner or child.
This is due to the greater humanitarian and compassionate factors that apply in such cases.

Ok, looks to me like the ban starts at the time they determined that you were inadmissible, that is in January, but you could appeal their decision based on H&C reasons as your spouse is alone in Canada with your child and expecting another one. Your best option is to get a lawyer to do your appeal.

 

[buddhadimple]

This is probably obvious, but also a different lawyer than the one who lied on your behalf.

 

[heatherusa]

no wonder u Australians is famous wold wide to being rude but here u can't be rude with them
it's OK if they forgot about mention previous marriage many ppls forgot so why u trying to attitude?

It obviously is NOT ok that they forgot to mention previous marriage since the OP was BANNED.... Lynn has a point

And you arent making the situation any better by saying RUDE things about Australians... And there are PLENTY of rude Canadians... I have met some since I got back, so people can be rude from anywhere in the world... take for example, wherever you are.

 

[CharlieD10]

It obviously is NOT ok that they forgot to mention previous marriage since the OP was BANNED.... Lynn has a point

And you arent making the situation any better by saying RUDE things about Australians... And there are PLENTY of rude Canadians... I have met some since I got back, so people can be rude from anywhere in the world... take for example, wherever you are.

And no-one "forgets" a previous marriage. For whatever reason, they just choose not to mention it. Unfortunately, that is not very smart when one's whole life is being examined to decide whether they can emigrate, we are not allowed to pick and choose what we want to tell the Immigration, we have to tell them everything. Failure to mention a previous marriage is an attempt to withhold important information.

Attacking the other poster for calling it like it is, will not help the OP, either.

 

[lonelycanadianwifey]

I guess what info that has been told is quite accurate ...

I am not here to point fingers at you nor am i here to judge ...I would agree that if you withheld information you are very lucky to be able to reapply again ..So luck was definatly on your side there ...

If it is a matter of being with your wife and children ..you could definatly hire a lawyer for an appeal ...on H&C grounds...This time around you will be waiting lengthy anyways ...because an appeal takes time and also waiting out the 2 year ban will take time ...What ever route you choose to take it will be at least 2 - 3 years before you seen that end in sight ...

I have a freind whom husband was depoted due to criminatly and failed refugee applications He from africa!!....They have been married for over 8 years and they have 2 children under 5 ...His charges are current ones and between the deportation and if a sponsorship tries to take place it will be 6 + years before they allow him back in this country ...And she has exhaughsted ever channel and ever BIT of info was told to her is that basically there is nothing she can do ...If she wants herself and her children to see their father they can always go there and visit!! But she is to sit and wait till he does the time before they can apply for PR!!

Best of luck ...and stand strong i too had 3 years seperation from my spouse ....We decided to be honest and have him go home when visa ran out for the last time ...and it took 3 years almost ...Every decision we make ultialty has a concquence ...We all face this everyday ..You both made a mistake in judgment and now have to face it ..I wish you both nothing but the best ...and that you reunite with your family soon!!

 

[lynw]

Hey lynw,
no wonder u Australians is famous wold wide to being rude but here u can't be rude with them
it's OK if they forgot about mention previous marriage many ppls forgot so why u trying to attitude?

Who's Australian?

It's not OK to "forget" (ie lie) about a previous marriage.

 

[britincanada]

Hey lynw,
no wonder u Australians is famous wold wide to being rude but here u can't be rude with them
it's OK if they forgot about mention previous marriage many ppls forgot so why u trying to attitude?

Who was being RUDE?? It states in the Guides that you MUST PROVIDE information of all Previous marriages/Common-law relationships/Engagements prior to your relationship with your sponsor..this forum is here to give advice to other applicants..and as I am sure other people would agree Lynw was stating the FACTS...Not being RUDE!

 

[britincanada]

My spouse sponsored me from Canada in 2008 after our marriage in our native country in 2007 .My spouse counsel did not mention my previous marriage (already divorced in 1996 and i have divorce paper of court) during forms filling to avoid case delay. During my interview in Jan 2010 officer raise this point and inform me about my case rejection and 2 years banned and stamp on my passport. I have not yet received any decision. He inform me 2 years banned in interview, my question is
1. Banned period starts from the date of interview or date of Case decision or the date of case submitted in Canada in 2008?
2. If they have decided my rejection (as they mention during interview) than why they are not giving decision in written (nine month pass after interview
3. My wife :'( is alone in Canada with one kid although she visit me many time during our case and she is expecting second one in Nov 2010, is there any humanitarian ground to visit her during my second child birth.
Please help me in this regard

Sorry to see you were misguided..your wife's consul has obviously given this guidance in the past and has worked for previous applicants, some people get away with things and others don't..it does state that its an offence not to provide truthful information and misrepresent yourself and you signed the papers saying that you had told the truth. Do you have proof that this was advised by a lawyer or consultant? I would definitely appeal and tell them what you have told us here, explain why you missed out the fact that you were married previously. Your application will be denied due to the fact that Immigration Will now thing you may be hiding something..Is there a Date on the stamp in your passport?

 

[lynw]

Who was being RUDE?? It states in the Guides that you MUST PROVIDE information of all Previous marriages/Common-law relationships/Engagements prior to your relationship with your sponsor..this forum is here to give advice to other applicants..and as I am sure other people would agree Lynw was stating the FACTS...Not being RUDE!

Thanks - I was actually being quite restrained. Just think, for everyone like the OP who misprepresents themselves, it slows up the processing for the rest of us - and justifies more and more suspicion. I am really fed up of dishonest people in this world.

As for "the counsel did it" - I'm sceptical. Firstly, counsel means advice not instructions - it is still the applicant who signs the forms. Secondly, really? A lawyer advised you to lie about such a significant matter and thought it would save time? Come on OP, if your counsel is really that crooked - name and shame please.

 

[Perfect]

Geez you guys, give them a break...life is not certain and no one is perfect. We all have made mistakes before, knowingly and/or unknowingly. We have all taken risks..sometimes you get away with it and sometimes it catches up with you. So stop putting all your frustrations on them..they did not ask to be condemned, they shared their story and are appealing to those of you who have been in similar circumstances and how you pulled it through. Thats why a lot of people cannot come out in the open on this forum because everyone wants to behave like a saint...advice them if you can, if you have nothing constructive to say keep it to yourself. I am not supporting what they did but who am I to judge them...I have my own shortcomings.

 

[lynw]

Geez you guys, give them a break...life is not certain and no one is perfect. We all have made mistakes before, knowingly and/or unknowingly. We have all taken risks..sometimes you get away with it and sometimes it catches up with you. So stop putting all your frustrations on them..they did not ask to be condemned, they shared their story and are appealing to those of you who have been in similar circumstances and how you pulled it through. Thats why a lot of people cannot come out in the open on this forum because everyone wants to behave like a saint...advice them if you can, if you have nothing constructive to say keep it to yourself. I am not supporting what they did but who am I to judge them...I have my own shortcomings.

I love the irony of the username with this post ;D

I'd be the first to put my hand up to mistakes - lots of 'em - but this, like the recent posts by the person whose wife lied about living in a country for two years to avoid a police certificate, is not a mistake, it's a deliberate lie. Of course the OP wants advice, and mine is - be honest in future, for all our sakes.

 

[britincanada]

I am with you Lyn..I made my own mistakes..I also shared them on this forum a few months ago! I was an illegal immigrant in Canada for 16 months...however left by my own free will and did not return to Canada for 6 months to prove I realised I made a mistake..I also confessed to CHC-London to doing so in my application..It obviously pays to be honest as I have had my passport requested and a date in which to land by!!