Appealing misrepresentation. ..

[scylla]

Someone can correct me if I'm wrong, but H&C isn't relevant if appealing a misrepresentation. If you're appealing a misrepresentation, you need to prove the misrepresentation didn't happen to win the appeal. H&C plays no role in this argument.

 

[zardoz]

http://www.cic.gc.ca/english/resources/manuals/enf/enf02-eng.pdf

10.14. Two-year inadmissibility and return to Canada
Pursuant to subsection A40(2), a permanent resident or a foreign national determined to be inadmissible for reasons of misrepresentation continues to be inadmissible for a two-year period following:
in the case of a determination made outside Canada, the date the officer renders a final decision, i.e., the date of the refusal letter; and
in the case of a determination made in Canada, the date the removal order is enforced.
Pursuant to section A49, a removal order comes into force on the latest of the following dates, except in respect to a refugee protection claimant [A49(2)]:
a) the day the removal order is made, if there is no right to appeal;
b) the day the appeal period expires, if there is a right to appeal and no appeal is made; and
c) the day of the final determination of the appeal, if an appeal is made.
Where a permament resident or a foreign national is determined to be inadmissible under this provision, and where a request is made to return to Canada within the two-year period, consideration may be given to issue a temporary resident permit (TRP), where warranted. See chapter IP 1, Temporary Resident Permits, for more guidance.
See also Section 11.2, Examples of non-compliance allegation wording applicable to foreign nationals; and Section 11.3, Removal orders and returning without consent.

Emphasis mine. Basically, a TRP is NOT a done deal, although it's a theoretical possibility.

 

[Alurra71]

He mentioned about H & C and didn't say anything about the other lawyer. It is very hard not to be hopeful but in reality it seem like an impossible situation. He is currently working in the middle east, it would be difficult to live there. Right now he shares an apartment with a few others. If I went there we'd have to find and apartment and that would be really expensive. Our other option is I can go visit him in sri lanka however there have been some religious conflict. He would not get more than 6 weeks of leave from work. Which is hardly enough time for my daughter to know her father. She is only 14 month and it is very difficult for me to raise her without my husband.

The biggest issues I think you are going to face in this situation is the long long wait. No matter which way you choose to continue, there is going to be a long wait. I don't know how strong the H & C route would be for you. I don't know much about those particular applications. I do know that an appeal can take a year or more to even be considered, and I do believe you have to finalize that route before you can consider filing an H & C application for your husband, so then you could be looking at a year or more on top of that.

If your husband is currently serving an exclusion order, my instinct would be for you and he to visit as frequently as possible and have him serve his exclusion order and then file a fresh new application being sure to include ALL of the pertinent information. Even information you don't think might be relevant, include that as well. I don't THINK that his misrepresentation will have an effect on a fresh application, but I could be completely wrong on this count and would hate to have you feel as though you were lied to about it. I know for others that have had their applications denied for whatever reasons have taken the time to also include a written summary about how things progressed previously, and how they didn't understand but take full responsibility for and how that mistake has now been rectified, so on and so forth. It MIGHT even be possible for you to not wait out the exclusion and file a fresh new application along with an ARC.

I obviously can not tell you what is best for you to do. That is for you to decide. I am merely trying to give you options on how you could possibly proceed. Maybe you should talk to your current lawyer and ask his advice and/or opinion on these other routes. If he is a good lawyer, perhaps he will know if these are even possible paths for you.

 

[Alurra71]

http://www.cic.gc.ca/english/resources/manuals/enf/enf02-eng.pdf
Emphasis mine. Basically, a TRP is NOT a done deal, although it's a theoretical possibility.

I can't quote your previous quote, obviously. The biggest issue I can see with that line of thinking is that a TRP, in these cases, are issued to someone who was previously living in Canada and for whatever reason was removed or not allowed back in. If this is the case it would not apply to the OP's husband as he doesn't not and never has lived in Canada.

 

[nancyzm]

The biggest issues I think you are going to face in this situation is the long long wait. No matter which way you choose to continue, there is going to be a long wait. I don't know how strong the H & C route would be for you. I don't know much about those particular applications. I do know that an appeal can take a year or more to even be considered, and I do believe you have to finalize that route before you can consider filing an H & C application for your husband, so then you could be looking at a year or more on top of that.

If your husband is currently serving an exclusion order, my instinct would be for you and he to visit as frequently as possible and have him serve his exclusion order and then file a fresh new application being sure to include ALL of the pertinent information. Even information you don't think might be relevant, include that as well. I don't THINK that his misrepresentation will have an effect on a fresh application, but I could be completely wrong on this count and would hate to have you feel as though you were lied to about it. I know for others that have had their applications denied for whatever reasons have taken the time to also include a written summary about how things progressed previously, and how they didn't understand but take full responsibility for and how that mistake has now been rectified, so on and so forth. It MIGHT even be possible for you to not wait out the exclusion and file a fresh new application along with an ARC.

I obviously can not tell you what is best for you to do. That is for you to decide. I am merely trying to give you options on how you could possibly proceed. Maybe you should talk to your current lawyer and ask his advice and/or opinion on these other routes. If he is a good lawyer, perhaps he will know if these are even possible paths for you.

I don't think he has an exclusion order just a two year ban.. I have heard the wait time for appeals is shorter in Vancouver. I know its going to be a long wait either way. I wish there was another option. I know that concealing the uk visa refusal was a huge stupid mistake but I wish this whole process wouldn't be so difficult for us all to be together I'm not sure I understand why he can't get a TRP when someone with a criminal record can.. Yes he hid a fact but it was not a crime. He was scared and he just wanted to be with me before we had the baby. I know it doesn't excuse what he did and no one has paid the price more than he has and our daughter.

 

[scylla]

I'm not sure I understand why he can't get a TRP when someone with a criminal record can.. Yes he hid a fact but it was not a crime. He was scared and he just wanted to be with me before we had the baby. I know it doesn't excuse what he did and no one has paid the price more than he has and our daughter.

Most of us believe he won't qualify for a TRP because he doesn't have an extreme enough reason for being allowed into Canada. As others have already explained, TRPs are typically issued when someone is facing extreme circumstances that create a pressing need for them to be in Canada. Examples can be things like: critically ill child in Canada, parent who is passing away in Canada, etc.

 

[Alurra71]

I don't think he has an exclusion order just a two year ban.. I have heard the wait time for appeals is shorter in Vancouver. I know its going to be a long wait either way. I wish there was another option. I know that concealing the uk visa refusal was a huge stupid mistake but I wish this whole process wouldn't be so difficult for us all to be together I'm not sure I understand why he can't get a TRP when someone with a criminal record can.. Yes he hid a fact but it was not a crime. He was scared and he just wanted to be with me before we had the baby. I know it doesn't excuse what he did and no one has paid the price more than he has and our daughter.

As was stated earlier a TRP would be a nearly impossible route for him. Even IF they were to grant him one, how would you prove that he will leave Canada once that TRP is expired? The people with a 'criminal' record getting TRP's are usually those who had a DUI 10, 15, 25, years ago when they might've been young and stupid not realizing that it might jeapordize their ability to visit Canada later in life. Those are usually the situations that are referred to as 'criminal'. I know it encompasses a much larger scope than that, and is hard for you to understand, but if you step out of the situation for a moment and look back at it, would YOU issue this man a TRP after he had been denied a PR visa due to misrepresentation and is now serving an exclusion order of 2 years?

A ban, or exclusion order are the same thing. They both say he is not allowed to come to Canada for a period of time. In your husbands case, 2 years. As Zardoz pointed out earlier though, an ARC would be required for him to come before that 2 years is fully served.

 

[on-hold]

I would trust the commentators who suggest that he is not going to apply successfully to Canada before two years are up -- and it the interest of offering something constructive, I'd like to make a suggestion. Dubai and Sri Lanka are not your only options -- you can actually live with him in a third country. An Asia, Thailand is an example of one country where large numbers of foreigners live, often by teaching English (which you can do as a Canadian, and esp. if you have a college degree). Cambodia is another that is even less regulated -- and I wouldn't be surprised if there were jobs doing this closer to home, as in the Maldives. It's often possible to volunteer with an NGO, in return for room, board, and a work visa. Why don't you both take a two-year break from your lives and go live together in a 3rd country? You've got to decide which is more important to you, stability and a plan, or being together as a family. Thailand can be an extremely easy place to fit in to (harder for a Tamil, I admit), and if you want to PM me, I can give you both advice and contacts.

 

[JRPW]

Yes he hid a fact but it was not a crime.

Misrepresentation is a crime, a very serious crime. I'm not trying to preach, but the punishment should fit the crime. As your husband lied on his application (a crime), he has to pay the price. As mentioned above, you can always go and live with your husband if you want him to be with his daughter. I know that is not what you want, but this would probably be your best option.

 

[nancyzm]

I would trust the commentators who suggest that he is not going to apply successfully to Canada before two years are up -- and it the interest of offering something constructive, I'd like to make a suggestion. Dubai and Sri Lanka are not your only options -- you can actually live with him in a third country. An Asia, Thailand is an example of one country where large numbers of foreigners live, often by teaching English (which you can do as a Canadian, and esp. if you have a college degree). Cambodia is another that is even less regulated -- and I wouldn't be surprised if there were jobs doing this closer to home, as in the Maldives. It's often possible to volunteer with an NGO, in return for room, board, and a work visa. Why don't you both take a two-year break from your lives and go live together in a 3rd country? You've got to decide which is more important to you, stability and a plan, or being together as a family. Thailand can be an extremely easy place to fit in to (harder for a Tamil, I admit), and if you want to PM me, I can give you both advice and contacts.

What is the guarantee that we will both get jobs? I'd have to think about daycare. Yes I want all of us to be together. But I also want stability and security for my daughter. We would need a secure income that could support us where lived. There is absolutely no decent jobs in my husbands field in sri lanka. I think it might be the same in Thailand. You mention something about tamils there what is the issue?

 

[on-hold]

Getting a job is something that you could look at before you get there -- look at NGOs and English schools, and you'd have to decide if you want to live in a city or in a more rural area. One person can support a family by teaching English.

Thais, like a lot of Asians, prefer their English teachers to look like Aryan ubermenschen -- and there is a bit of prejudice against South Asians generally, for a number of reasons -- but I've known several South Asian volunteers/teachers there who were treated just like any other European foreigner. You're a native speaker, and you should be able to find a job, though it would help if you have a degree. If you have a graduate degree, you could look for work in a college or university. I have no idea if your husband could work in his field or not -- that's why I mentioned 'take a vacation from your lives'. Of course it's a big step, but if you're interested in exploring it, email me and I can suggest some avenues to try going down. When my wife and I lived there, our lives were better on $150 a month than they are in Alberta on $5000. Many foreigners live in SE Asia, very easily, on very little money.

 

[SenoritaBella]

I believe once you guys decide what's best for your family, it will make the way forward a little clearer. It's a very tough situation to be in and I sympathize with you but you guys can overcome it.

Two years seems like a lot of time, but it can also go by fast if you are busy. In addition to relying on your lawyer, you could look up appeal cases on misrepresentation similar to yours on these two databases:

1. CanLii : http://decisions.fct-cf.gc.ca/fc-cf/en/nav.do

2. Federal Court : http://decisions.fct-cf.gc.ca/fc-cf/en/nav.do

Best wishes.

What is the guarantee that we will both get jobs? I'd have to think about daycare. Yes I want all of us to be together. But I also want stability and security for my daughter. We would need a secure income that could support us where lived. There is absolutely no decent jobs in my husbands field in sri lanka. I think it might be the same in Thailand. You mention something about tamils there what is the issue?

 

[nancyzm]

Getting a job is something that you could look at before you get there -- look at NGOs and English schools, and you'd have to decide if you want to live in a city or in a more rural area. One person can support a family by teaching English.

Thais, like a lot of Asians, prefer their English teachers to look like Aryan ubermenschen -- and there is a bit of prejudice against South Asians generally, for a number of reasons -- but I've known several South Asian volunteers/teachers there who were treated just like any other European foreigner. You're a native speaker, and you should be able to find a job, though it would help if you have a degree. If you have a graduate degree, you could look for work in a college or university. I have no idea if your husband could work in his field or not -- that's why I mentioned 'take a vacation from your lives'. Of course it's a big step, but if you're interested in exploring it, email me and I can suggest some avenues to try going down. When my wife and I lived there, our lives were better on $150 a month than they are in Alberta on $5000. Many foreigners live in SE Asia, very easily, on very little money.

It is worth considering. I will talk with my husband abd see what he thinks. Thank you for your help

 

[nancyzm]

I believe once you guys decide what's best for your family, it will make the way forward a little clearer. It's a very tough situation to be in and I sympathize with you but you guys can overcome it.

Two years seems like a lot of time, but it can also go by fast if you are busy. In addition to relying on your lawyer, you could look up appeal cases on misrepresentation similar to yours on these two databases:

1. CanLii : http://decisions.fct-cf.gc.ca/fc-cf/en/nav.do

2. Federal Court : http://decisions.fct-cf.gc.ca/fc-cf/en/nav.do

Best wishes.

Thank you I will check it out

 

[nancyzm]

As was stated earlier a TRP would be a nearly impossible route for him. Even IF they were to grant him one, how would you prove that he will leave Canada once that TRP is expired? The people with a 'criminal' record getting TRP's are usually those who had a DUI 10, 15, 25, years ago when they might've been young and stupid not realizing that it might jeapordize their ability to visit Canada later in life. Those are usually the situations that are referred to as 'criminal'. I know it encompasses a much larger scope than that, and is hard for you to understand, but if you step out of the situation for a moment and look back at it, would YOU issue this man a TRP after he had been denied a PR visa due to misrepresentation and is now serving an exclusion order of 2 years?

A ban, or exclusion order are the same thing. They both say he is not allowed to come to Canada for a period of time. In your husbands case, 2 years. As Zardoz pointed out earlier though, an ARC would be required for him to come before that 2 years is fully served.

Can he get an ARC even though he's never been to Canada? Would they even consider it since he has the misrepresentation?