Ban for 5 years, 40(1)a clause.

[JonyDhawan]

Hi,
I am married, and I applied for 'Open Work permit' visa and I got banned for five years and reason was misrepresentation clause 40(1)a. Now what are possibilities for me? What all options can I look into? I had discussion with consultants here in India they said I have only option to give divorce to my wife, then she can apply for PR in Canada. I have filled divorce, now I had a confusion that after divorce does my wife needs to change her passport for applying PR? And can I re-marriage her after PR and apply for lifting of ban? What will be my chances after re-marriage? what are pros and cons for this?? Please help.
Regards.

 

[scylla]

Remarriage will not work. The consultants have given you horrible advice. If you divorce your wife, she gets PR, you remarry and then she sponsors you for PR - you can expect the PR application to be refused. Stop working with consultants in India who have no idea what they are doing. You need to consult with an experienced immigration lawyer in Canada.

There is no such thing as "applying for lifting the ban". You have to wait for the five year ban to pass before you can apply to come to Canada.

Again, get rid of your consultants in India.

 

[tajinder107]

she is right , stop listening to Indian agents they will do more harm than help.

 

[Bryanna]

Hi,
I am married, and I applied for 'Open Work permit' visa and I got banned for five years and reason was misrepresentation clause 40(1)a. Now what are possibilities for me? What all options can I look into? I had discussion with consultants here in India they said I have only option to give divorce to my wife, then she can apply for PR in Canada. I have filled divorce, now I had a confusion that after divorce does my wife needs to change her passport for applying PR? And can I re-marriage her after PR and apply for lifting of ban? What will be my chances after re-marriage? what are pros and cons for this?? Please help.
Regards.

Are you an immigration agent? The queries you have posted so far in the Visitors section and the Express Entry section do not appear to be the situation of one single applicant

 

[scylla]

Are you an immigration agent? The queries you have posted so far in the Visitors section and the Express Entry section do not appear to be the situation of one single applicant

Great question.

 

[mikeymyke]

If you're an immigration agent, I think we should be looking to you for advice rather than you coming here for advice

 

[Bs65]

If you're an immigration agent, I think we should be looking to you for advice rather than you coming here for advice

not on the basis of the OPs post though if thats the advice he will be giving. He is even applying for a super visa at the same time despite this post.

 

[Andre_Smol]

Are you an immigration agent? The queries you have posted so far in the Visitors section and the Express Entry section do not appear to be the situation of one single applicant

Wow, great catch Bryanna. Three posts, three completely different situations.

 

[azh7018]

Hi,
I am married, and I applied for 'Open Work permit' visa and I got banned for five years and reason was misrepresentation clause 40(1)a.

What is clause 40(1)a

 

[Bryanna]

What is clause 40(1)a

Misrepresentation

40 (1) A permanent resident or a foreign national is inadmissible for misrepresentation

(a) 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 this Act

 

[JonyDhawan]

Are you an immigration agent? The queries you have posted so far in the Visitors section and the Express Entry section do not appear to be the situation of one single applicant

No I have my wife in Canada her parents want to go, for them I was asking for super visa or tourist visa! And I have a ban for 5 years. Now can you please give some information that's relevant.

 

[JonyDhawan]

Remarriage will not work. The consultants have given you horrible advice. If you divorce your wife, she gets PR, you remarry and then she sponsors you for PR - you can expect the PR application to be refused. Stop working with consultants in India who have no idea what they are doing. You need to consult with an experienced immigration lawyer in Canada.

There is no such thing as "applying for lifting the ban". You have to wait for the five year ban to pass before you can apply to come to Canada.

Again, get rid of your consultants in India.

Thanks for help! Can you please tell me does she need to get a new passport? Is there any chances of refusal because of my ban?

 

[JonyDhawan]

If you're an immigration agent, I think we should be looking to you for advice rather than you coming here for advice

No I am not an immigration agent. I posted this because I need help!

 

[Bryanna]

No I have my wife in Canada her parents want to go, for them I was asking for super visa or tourist visa! And I have a ban for 5 years. Now can you please give some information that's relevant.

That explains it because your posts were all written in the grammatical first person (singular).

1. As you have been banned for misrepresentation, you cannot apply for any type of visa until the 5 years is over. Also scylla has answered your question very well

2. As for your in-laws, your query has been answered here: http://www.canadavisa.com/canada-immigration-discussion-board/which-visa-should-i-apply-super-visa-or-visitor-visa-t428805.0.html

 

[JonyDhawan]

Yea even I noticed that right now.. My Mistake.. :