Can we seek any help on Misrepresentation Refusal of 5 years for TRV

[Kazmemon]

Respected Members,

I have a question if someone can shade some light.

Is there any way possible we can satisfy Visa Officer with some valid reasons that we need support of our Parents during spouse preganancy, once TRV is refused on Misrepresentation grounds and ban for 5 years?

I was thinking to contact local MP to help out to lift 5 years ban and then i can reapply for my Mother only to be here with us during EDD time?

Please suggest,

Thanks

 

[CAEG2020]

it depends on the misrepresentation.

If you provided fake documents your chances are low.
false statement could be waived after several attempts with MP and letters to CIC under humanitarian grounds.

 

[Bs65]

Humanitarian and compassionate grounds are very difficult to justify and probably not be sufficient to just support spouse pregnancy as H&C are for real reasons. Add to that a 5 year ban chances are even slimmer. Appeals are always possible I guess but likely involve legal representation which costs and not just writing to an MP and really depends also what the misrepresentation actually was .

 

[Kazmemon]

Thank you CAGE2020 and Bs65, the reason for misrepresentation was incorrect reply to qs "did you ever got refusal of visa" and my parents said NO actually answer was Yes, but being said before receiving letter they updated CIC through CSE, but still they got 5 year ban.

Now do you feel its advice able to apply for my mother based on my spouse pregnancy and ask CIC to consider the case on humninitarian grounds to allow my mother visa?

Thanks

 

[Andre_Smol]

I suppose it is always worth a try getting the ban lifted.

If you are successful, great and if not, at least you know you gave it your best.

IRCC is very stringent when it comes to people not informing them about previous visa refusals but at least their ban wasnt based on fake documents so thats a small silver lining.

 

[Bs65]

I suppose it is always worth a try getting the ban lifted.

If you are successful, great and if not, at least you know you gave it your best.

IRCC is very stringent when it comes to people not informing them about previous visa refusals but at least their ban wasnt based on fake documents so thats a small silver lining.

seems pretty harsh but I guess with so many thousands of people applying they can Be picky and alao depends on previous refusal reasons as 5 year seems harsh. As for applying on humanitarian grounds can try but not sure being there just for a pregnancy will work as h & c are more likely to succeed for refugees or where children could be at risk versus a normal event.

 

[humsafar]

So does the ban on the applicant (parent) affects the Sponsor (Child - Canadian PR) in any ways, specially if it is for Super visa ?

 

[deshkarthik]

I came across this link

http://meurrensonimmigration.com/service/inadmissibility/misrepresentation/

"Mr. Bundhel’s complaint that the Officer should have considered the fact that he owned-up to the problem at the first available opportunity is also unjustified. Mr. Bundhel only acknowledged the true facts when he was confronted with them. This is not equivalent to a situation where an applicant owns-up to a mistake before it is brought to light or where the file already contains the correct information. In such a case, a favourable inference is more likely to be drawn because it is suggestive of an innocent mistake and not a wilful omission."

Considering that the error was reported before even the CIC issued the procedural fairness letter, above statement gives some hope that appeal can win.

 

[Kazmemon]

Really appreciate your responses @Andre_Smol, @Bs65 and @deshkarthik

only thing i am concerned is 5 years ban, if my mother reapply, i am wondering they straight forward refuse it because ban in place.
Do you think they will go through the documentation and reasoning again and then come up with decision?

Thanks

 

[mikeymyke]

H&C won't work in this case, as it's not where for example, your father died and your mother is the only one in her country with no family around her, etc.

They could very well straight-up refuse the app due to the 5 year ban. Even without the ban, your mother shouldn't be saying that she plans to babysit or take care of the baby as that is considered illegally working, if she says she's simply there to help your wife out then that's fine.

I've seen tons of TRV pregnancy-support cases and most of the refusals were due to the purpose of visit.

 

[Kazmemon]

H&C won't work in this case, as it's not where for example, your father died and your mother is the only one in her country with no family around her, etc.

They could very well straight-up refuse the app due to the 5 year ban. Even without the ban, your mother shouldn't be saying that she plans to babysit or take care of the baby as that is considered illegally working, if she says she's simply there to help your wife out then that's fine.

I've seen tons of TRV pregnancy-support cases and most of the refusals were due to the purpose of visit.

@mikeymyke
Thanks for confirming H&C is not applicable in this case.

so do you recommend i should bring my case with my local MP to see if he can help or make sure CIC reconsider re-apply of my mother's case to be here for physiological support?

Thanks

 

[mikeymyke]

You can try, but I doubt the MP can help you out, as this is misrepresentation. She answered NO to the visa refusal when it was YES. She signed the application confirming all the information in the forms was true. It wouldn't hurt to try, but don't count on him being able to help.

 

[Kazmemon]

You can try, but I doubt the MP can help you out, as this is misrepresentation. She answered NO to the visa refusal when it was YES. She signed the application confirming all the information in the forms was true. It wouldn't hurt to try, but don't count on him being able to help.

Thanks for quick reply really appreciated.