Appealing misrepresentation. ..

[nancyzm]

I've been looking online and everything I've come across says we have no chance. We filed the appeal March 19 and still haven't received anything. Its really hard to see my daughter grow up without her father. Recently theres been some conflict in Sri Lanka. So I don't feel safe about taking her there now. Has anyone had any success appealing after misrepresentation? Please I would appreciate any advice.

 

[scylla]

Misrepresentation appeals can work in cases where someone was given misrepresentation mistakenly. In other words, where CIC said they misrepresented something on their application - when in fact they told the truth.

Did CIC make a mistake in the case of your application? Is CIC saying you lied about something in the application or left something out of your application when you actually told the truth in your application? If so, then your appeal certainly stands a good chance of winning. If there was in fact something missing or inaccurate information in your application - then I don't think the appeal has any chance of succeeding - and you would be better off focusing your energy on figuring out how you are going to wait out the 2 year ban (i.e. if you are going to move to a different country temporarily so that you can all be together).

Good luck.

 

[zardoz]

In this case, it seems that,

1) the misrepresentation was deliberate, and
2) it was significant to the administration of the application process.

The details that were posted back in your first post do not lead to the anticipation of a successful appeal.

 

[dave mac200]

you can apply for TRP and wait until ban come off .
thx

 

[SenoritaBella]

There is a saying, "it's not the mistake that is a problem, it's the cover up." In an attempt to conceal a refusal, they are now facing a 2 yr ban and the lawyer gets paid either way.

A TRP (temporary resident permit) could be one option; however, the OP's husband needs to demonstrate a compelling reason to be in Canada. Examples of compelling reasons are: you are a suitable organ donor for your relative and need to be in Canada in order for the organ to be harvested; or you have a medical condition and the best treatment(therapeutic wise and money wise) is only possible in Canada, etc.

Wanting to be a part of your child's life(or with your wife) while noble, is not sufficient to overcome this burden. Reason being the OP and her child can travel to Sri Lanka, or the OP, child and husband can live in another country and the child will still have her parents with her.

That said, the OP is still free to apply for it and see how it goes. I wish her well.

 

[dave mac200]

how did CIC found out that u had been refused uk visa ?

 

[nancyzm]

how did CIC found out that u had been refused uk visa ?

We don't know. He had been issued the visa even had the stamped passport. A few days later they called him back and crossed off the visa saying he had misrepresented.

 

[rhcohen2014]

We don't know. He had been issued the visa even had the stamped passport. A few days later they called him back and crossed off the visa saying he had misrepresented.

i believe if you order the complete set of file notes (The hardcopy version), it may suggest for the reasoning it got denied.

 

[nancyzm]

i believe if you order the complete set of file notes (The hardcopy version), it may suggest for the reasoning it got denied.

how do you order that?

 

[mikeymyke]

you can apply for TRP and wait until ban come off .
thx

There's a good chance he won't get a TRP because he has to show a compelling reason to stay.

 

[rhcohen2014]

how do you order that?

I am not entirely sure how to order th entire case file. I know know of the electronic version. I am sure a senior member will be able to direct you where to go.

 

[nancyzm]

There is a saying, "it's not the mistake that is a problem, it's the cover up." In an attempt to conceal a refusal, they are now facing a 2 yr ban and the lawyer gets paid either way.

A TRP (temporary resident permit) could be one option; however, the OP's husband needs to demonstrate a compelling reason to be in Canada. Examples of compelling reasons are: you are a suitable organ donor for your relative and need to be in Canada in order for the organ to be harvested; or you have a medical condition and the best treatment(therapeutic wise and money wise) is only possible in Canada, etc.

Wanting to be a part of your child's life(or with your wife) while noble, is not sufficient to overcome this burden. Reason being the OP and her child can travel to Sri Lanka, or the OP, child and husband can live in another country and the child will still have her parents with her.

That said, the OP is still free to apply for it and see how it goes. I wish her well.

Thank you. If we do go to court would we have any chance with H & C class? I read that if we lose it could carry a lifetime ban do you know if this is true? If we decide to wait out the ban and reapply can the application be refused do to the misrepresentation again?

 

[dave mac200]

,I'm pretty sure he would get approved TRP since he has a canadian wife and kids in Canada.there's ppl got charged with DUI and they got TRP for 3 years

 

[Alurra71]

,I'm pretty sure he would get approved TRP since he has a canadian wife and kids in Canada.there's ppl got charged with DUI and they got TRP for 3 years

A DUI and legal misrepresentation on your PR application are two totally different animals. If they will not issue the man a PR visa to come live in Canada what makes you think they will issue him a TRP to come live in Canada? His wife and child being Canadian does not help his situation at all. In fact, in most cases, a TRP would be refused on this basis because proving ties stronger to your home country than to Canada would be quite difficult to do if your entire family was here in Canada, don't you think?

 

[SenoritaBella]

I have no idea about all 3 questions. Perhaps an experienced immigration lawyer in your city could help.

As for how to order your physical file, you can do it online under the Access to Information Act(costs $5) since you will be requesting notes for yourself and your husband. Here is the link: http://www.cic.gc.ca/english/department/atip/requests-atip.asp

Here is the Consent Form(IMM 5744) he needs to sign and send you a scanned copy in order for you CIC to released his notes to you: http://www.cic.gc.ca/english/department/atip/form-imm5744.asp

Here's info. on Temporary Resident Permits: http://www.cic.gc.ca/english/information/inadmissibility/permits.asp

Thank you. If we do go to court would we have any chance with H & C class? I read that if we lose it could carry a lifetime ban do you know if this is true? If we decide to wait out the ban and reapply can the application be refused do to the misrepresentation again?