5 years ban

[sanketgirhe]

I received this letter for my TRV :
Thank you for your interest in visiting Canada. After careful review of your temporary resident visa application and supporting documentation, I have determined that your application does not meet the requirements of the Immigration and Refugee Protection Act (IRPA) and Immigration and Refugee Protection Regulations (IRPR). I am refusing your application on the following grounds:
• You have been found inadmissible to Canada in accordance with paragraph 40(1)(a) of the Immigration and Refugee Protection Act (IRPA) for directly or indirectly misrepresenting or withholding material facts relating to a relevant matter that induces or could induce an error in the administration of the IRPA. In accordance with paragraph A40(2)(a), you will remain inadmissible to Canada for a period of five years from the date of this letter or from the date a previous removal order was enforced.
You are welcome to reapply if you feel that you can respond to these concerns and can demonstrate that your situation meets the requirements. All new applications must be accompanied by a new processing fee.

I am totally sure that my application was genuine. Though I no more need the TRV. But in few months I wanted to go to Canada for phd. But because of inadmissibility, I wont be able to go.
My questions are :
1. Is this really inadmissibility to Canada for 5 years ?
2. Is there anything which can be done to remove this ban ?
3. Can I go to USA or Europe for PhD with ban to Canada or will they reject my application?

 

[Wonderland_1010]

I received this letter for my TRV :
Thank you for your interest in visiting Canada. After careful review of your temporary resident visa application and supporting documentation, I have determined that your application does not meet the requirements of the Immigration and Refugee Protection Act (IRPA) and Immigration and Refugee Protection Regulations (IRPR). I am refusing your application on the following grounds:
• You have been found inadmissible to Canada in accordance with paragraph 40(1)(a) of the Immigration and Refugee Protection Act (IRPA) for directly or indirectly misrepresenting or withholding material facts relating to a relevant matter that induces or could induce an error in the administration of the IRPA. In accordance with paragraph A40(2)(a), you will remain inadmissible to Canada for a period of five years from the date of this letter or from the date a previous removal order was enforced.
You are welcome to reapply if you feel that you can respond to these concerns and can demonstrate that your situation meets the requirements. All new applications must be accompanied by a new processing fee.

I am totally sure that my application was genuine. Though I no more need the TRV. But in few months I wanted to go to Canada for phd. But because of inadmissibility, I wont be able to go.
My questions are :
1. Is this really inadmissibility to Canada for 5 years ?
2. Is there anything which can be done to remove this ban ?
3. Can I go to USA or Europe for PhD with ban to Canada or will they reject my application?

1. Yes ban is for 5 years
2. No the decision and penalty for misrepresentation is final and usually hard to remove
3. You will have difficulty in obtaining other countries visa due to the fact that you are banned for misrepresentation.

 

[demme343]

I received this letter for my TRV :
Thank you for your interest in visiting Canada. After careful review of your temporary resident visa application and supporting documentation, I have determined that your application does not meet the requirements of the Immigration and Refugee Protection Act (IRPA) and Immigration and Refugee Protection Regulations (IRPR). I am refusing your application on the following grounds:
• You have been found inadmissible to Canada in accordance with paragraph 40(1)(a) of the Immigration and Refugee Protection Act (IRPA) for directly or indirectly misrepresenting or withholding material facts relating to a relevant matter that induces or could induce an error in the administration of the IRPA. In accordance with paragraph A40(2)(a), you will remain inadmissible to Canada for a period of five years from the date of this letter or from the date a previous removal order was enforced.
You are welcome to reapply if you feel that you can respond to these concerns and can demonstrate that your situation meets the requirements. All new applications must be accompanied by a new processing fee.

I am totally sure that my application was genuine. Though I no more need the TRV. But in few months I wanted to go to Canada for phd. But because of inadmissibility, I wont be able to go.
My questions are :
1. Is this really inadmissibility to Canada for 5 years ?
2. Is there anything which can be done to remove this ban ?
3. Can I go to USA or Europe for PhD with ban to Canada or will they reject my application?

You recheck with your papers what was wrong and what you miss represented.and if its not like this reapply and define.

 

[Manpreet_2233]

I received this letter for my TRV :
Thank you for your interest in visiting Canada. After careful review of your temporary resident visa application and supporting documentation, I have determined that your application does not meet the requirements of the Immigration and Refugee Protection Act (IRPA) and Immigration and Refugee Protection Regulations (IRPR). I am refusing your application on the following grounds:
• You have been found inadmissible to Canada in accordance with paragraph 40(1)(a) of the Immigration and Refugee Protection Act (IRPA) for directly or indirectly misrepresenting or withholding material facts relating to a relevant matter that induces or could induce an error in the administration of the IRPA. In accordance with paragraph A40(2)(a), you will remain inadmissible to Canada for a period of five years from the date of this letter or from the date a previous removal order was enforced.
You are welcome to reapply if you feel that you can respond to these concerns and can demonstrate that your situation meets the requirements. All new applications must be accompanied by a new processing fee.

I am totally sure that my application was genuine. Though I no more need the TRV. But in few months I wanted to go to Canada for phd. But because of inadmissibility, I wont be able to go.
My questions are :
1. Is this really inadmissibility to Canada for 5 years ?
2. Is there anything which can be done to remove this ban ?
3. Can I go to USA or Europe for PhD with ban to Canada or will they reject my application?

Oh No you got ban for 5 years how it occur with you ?
Is there any previous US or Canada visa refusal ? or a fake document
order GCMS notes

 

[sanketgirhe]

Many thanks for your comments!
There was no previous visa refusal from any country. My documents were genuine and not fake. I submitted two invitation letters. One from conference (for 2 days) and other from a friend (for remaining 8 days). When they sent me the procedural fairness letter, I realized that my friends invitation letter was a bit short of information. So, I sent them new invitation letter with all the necessary information. I supported everything with enough documents like my research paper for conference and air ticket. They refused my application after two months. I surely believe there was no faking in my application. But I don't know how to approach them to make my point. I am admitted to Canadian University for PhD, but because of ban I would not be able to go there. Also, I was sure about some US universities, but the ban will affect US visa as well. Will this ban also affect other countries like Japan or Europe. In japanese visa form, they dont ask about previous rejections. Will they know about my past rejections as it is not there on my passport?

 

[sanketgirhe]

Also, now how should I reapply as the conference is already over. Should I reapply using my friend's invitation letter?

 

[bellaluna]

Order the GCMS officer’s case notes to find out what they thought you misrepresented, instead of guessing. No way an invitation letter would be nailed for misrepresentation.

 

[Bryanna]

Many thanks for your comments!
There was no previous visa refusal from any country. My documents were genuine and not fake. I submitted two invitation letters. One from conference (for 2 days) and other from a friend (for remaining 8 days). When they sent me the procedural fairness letter, I realized that my friends invitation letter was a bit short of information.

There's something you're not telling us. What exactly did the Procedural Fairness letter say?

It's highly unlikely (in fact impossible) that IRCC would have issued a Procedural Fairness letter if your friend's invitation letter lacked some information. Also, IRCC would have done their cross-checks before issuing this Procedural Fairness letter to you.

If you didn't have any previous visa refusals to declare then it seems your documents/evidence stated factually incorrect information and/or were not genuine contrary to your claims.

So, I sent them new invitation letter with all the necessary information. I supported everything with enough documents like my research paper for conference and air ticket. They refused my application after two months. I surely believe there was no faking in my application.

You can order GCMS notes.

But I don't know how to approach them to make my point. I am admitted to Canadian University for PhD, but because of ban I would not be able to go there.

Unfortunately, you can forget about any study permit for the next 5 years.

Also, I was sure about some US universities, but the ban will affect US visa as well. Will this ban also affect other countries like Japan or Europe.

Yes and Yes.

In japanese visa form, they dont ask about previous rejections. Will they know about my past rejections as it is not there on my passport?

Hope you realize that immigration data is shared between countries.

Also, when you apply for visas to most countries, by signing the visa application forms, you authorize the immigration authorities to contact any third party to ascertain the claims made in your application. If you make any false statements, you risk getting another ban or visa refusal by those countries as well

 

[sanketgirhe]

The procedural fairness letter says as follows :
"I have concerns that you have not fulfilled the requirement put upon you by section 16(1) of the Immigration and Refugee Protection Act, which states:
16(1) A person who makes an application must answer truthfully all questions put to them for the purpose of the examination and must produce a visa and all relevant evidence and documents that the officer reasonably requires.
Specifically, I have concerns that you may be inadmissible for misrepresentation. The invitation letter that you submitted in support of your application was verified and confirmed fraudulent."
I ordered GCMS notes through online ATIP request which I will receive in under one months of time.
Is there any other solution to this problem? I really wish to do Ph.D., it can be in Europe or Japan or US or Singapore. Which country would be easier to apply in these circumstances.
They mentioned in the letter that "You are welcome to reapply if you feel that you can respond to these concerns and can demonstrate that your situation meets the requirements. All new applications must be accompanied by a new processing fee." Can this be a way ?

 

[Bryanna]

The procedural fairness letter says as follows :
"I have concerns that you have not fulfilled the requirement put upon you by section 16(1) of the Immigration and Refugee Protection Act, which states:
16(1) A person who makes an application must answer truthfully all questions put to them for the purpose of the examination and must produce a visa and all relevant evidence and documents that the officer reasonably requires.
Specifically, I have concerns that you may be inadmissible for misrepresentation. The invitation letter that you submitted in support of your application was verified and confirmed fraudulent."

1. Did you tamper with the invitation letter provided by your friend? Did your friend state any incorrect factual information?

2. How well do you know your friend? Or did you seek an invitation letter from someone you don't know just for the visa application?

3. Did IRCC contact your friend?

Is there any other solution to this problem?

Unfortunately, no solution for any Canadian visa until the ban is over.

I really wish to do Ph.D., it can be in Europe or Japan or US or Singapore. Which country would be easier to apply in these circumstances.

It's not just for a study permit for a Ph.D. You would need to declare this ban for any visa (temporary or permanent) that you apply to any country for the rest of your life.

As for the country for your Ph.D. program, there is no easy 'country' as such. Do remember to declare this misrepresentation ban when you apply for a study permit.

If you have exceptional academic qualifications + the field of your intended research is unique + if you are able to secure a grant or a fully-funded Ph.D prgram from the next university.... then the next country you apply to for a study permit might overlook this misrepresentation ban

They mentioned in the letter that "You are welcome to reapply if you feel that you can respond to these concerns and can demonstrate that your situation meets the requirements. All new applications must be accompanied by a new processing fee." Can this be a way ?

It's absolutely pointless applying until the ban is over. Any new visa application will be refused + the refusal letter will mention that the ban is still in effect

 

[sanketgirhe]

I did not tamper with my friend's invitation letter. And my friend was actually my girlfriend, so I knew her very well and she did not state any factually incorrect information about her. It may be that she might have provided less information than required. But they didn't contact her. I see her case as completely genuine. Another invitation was from the conference. It seems genuine too.

And about my mentioning of the misrepresentation in future visa applications, I think there are some countries like Japan whose visa form doesn't ask about the previous visa rejections. So, in that case, is there a need to mention it separately?

 

[scylla]

I did not tamper with my friend's invitation letter. And my friend was actually my girlfriend, so I knew her very well and she did not state any factually incorrect information about her. It may be that she might have provided less information than required. But they didn't contact her. I see her case as completely genuine. Another invitation was from the conference. It seems genuine too.

And about my mentioning of the misrepresentation in future visa applications, I think there are some countries like Japan whose visa form doesn't ask about the previous visa rejections. So, in that case, is there a need to mention it separately?

Did you submit an invitation letter for the conference?

 

[sanketgirhe]

Did you submit an invitation letter for the conference?

yes, i did.

 

[scylla]

yes, i did.

I think the fairness letter and misrepresentation was for the conference invitation letter - not for your girlfriend's letter. How did you obtain the invitation letter for the conference? Who provided that?

 

[Chidarlyn]

You can apply for European visas and u will get them.A friend got banned from Uk and he applied for a German visa and it was approved