Confused reagarding admisability

[Ali1122]

hy there,

I got married in the Uk back in 2013 and I applied for a family permit for the uk as my wife was a European national, immigration authorities refused my visa and BELIEVED my marriage to be one of convinence, I was detained and asked to Leave the uk I bought my own ticket and came back
To Pakistan. Now my question is I have a clean police clearance certificate from the uk and it’s says no trace found but what worries me is that they refused my visa saying it was a sham marriage, would that be a problem if I apply for express entry ?? I divorced my back than wife in 2014.

 

[russ6970]

So, if you got married in 2013 and got divorced the next year t certainly does sound like a marriage of convenience. I assume you would be applying as a single man? Be aware, the UK and Canada share information and they will know about your failed permit. If you apply for Express entry, it will probably take longer since the permit was refused for misrepresentation. I don't think anyone can say whether going for express entry will be ultimately successful, so as long as you get enough points, you can certainly apply. It will probably make them look into your application more thoroughly. Remember you need to mention this visa refusal from the UK in your application, as if you don't you will be banned from entering Canada for the foreseeable future. Did you get a ban from the UK?

 

[Ali1122]

I am going to apply with my current wife and the reason for the initial divorce was due to me and wife being in different countries, as I came back to Pakistan and she was still there in the Uk. I’m looking for an immigration lawyer to help
Me out of this mess

 

[russ6970]

Oh you are applying as married. Did you get a ban from the UK? That is very important. I think you should anticipate the distinct possibility that it will affect any application you make then. You will have to provide very very strong evidence that this marriage is bonafide, as the CIC will take one look at the reason you were removed from the UK and immediately suspect that you may be doing it again.

Tricky case, but be prepared for the big possibility of being rejected. An immigration lawyer (hopefully a truthful one), should tell you from the get go whether you have a chance or not. Be aware though there are a lot of lawyers that will promise you the earth and just take your money. You have to mention what happened in the UK and be truthful about it.

 

[canuck_in_uk]

hy there,

I got married in the Uk back in 2013 and I applied for a family permit for the uk as my wife was a European national, immigration authorities refused my visa and BELIEVED my marriage to be one of convinence, I was detained and asked to Leave the uk I bought my own ticket and came back
To Pakistan. Now my question is I have a clean police clearance certificate from the uk and it’s says no trace found but what worries me is that they refused my visa saying it was a sham marriage, would that be a problem if I apply for express entry ?? I divorced my back than wife in 2014.

Provided you fully declare the UK refusal, it will not be a reason for your PR app to be refused.

 

[canuck_in_uk]

Oh you are applying as married. Did you get a ban from the UK? That is very important. I think you should anticipate the distinct possibility that it will affect any application you make then. You will have to provide very very strong evidence that this marriage is bonafide, as the CIC will take one look at the reason you were removed from the UK and immediately suspect that you may be doing it again.

Tricky case, but be prepared for the big possibility of being rejected. An immigration lawyer (hopefully a truthful one), should tell you from the get go whether you have a chance or not. Be aware though there are a lot of lawyers that will promise you the earth and just take your money. You have to mention what happened in the UK and be truthful about it.

This is not a reason for rejection.

OP is talking about applying for EE with their spouse, not coming to Canada via spousal sponsorship, so very different situations.

 

[russ6970]

This is not a reason for rejection.

OP is talking about applying for EE with their spouse, not coming to Canada via spousal sponsorship, so very different situations.

I just can't see why it wouldn't affect it in any way though. Unless by law they are not allowed to look at the previous rejection.

 

[canuck_in_uk]

I just can't see why it wouldn't affect it in any way though. Unless by law they are not allowed to look at the previous rejection.

They will see the UK refusal but it is not a reason to refuse a PR app. Even if OP had been caught in a fake marriage in an app to Canada, he could apply again for PR once the 5 year ban was up and it would not be a reason for refusal. There would certainly be extra scrutiny if he tried to apply again through spousal sponsorship but applying through EE, where it is based on solid stuff like education/experience/language scores and not the subjective review of the relationship, it is different.

 

[Ali1122]

Well I applied for a spouse visa while being in the uk and was married to my first wife
At that time, back than my visa pplication was refused and I left the uk with immigration authorities accusing me of being involved in a marriage of convinence, I was not charged for a crime at that time and police clearance certificate is all clean that I got from ACRO uk. I divorced my first wife and have been married to my new wife for more than 3 years and we together are planning to apply for express entry federal skilled worker programe, now there is a law in Canada that states that if you commit an act that would be an indectatable offence in Canada you are inadmissible, I’m just worried about that particular thing.