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Does the 'misrepresentation' under FSW affect Family Sponsor Category?

bishista1

Star Member
Jun 15, 2012
179
5
Category........
Visa Office......
NEW DELHI
NOC Code......
SPOUSAL SPONSORSHIP
Job Offer........
Pre-Assessed..
App. Filed.......
26-05-2016
Doc's Request.
In Process: 29 July, 2016
AOR Received.
AoR1 on 14-06-2016, AoR2: 02-08-2016
File Transfer...
22-07-2016
Med's Done....
25-03-2016
Passport Req..
Waiting
LANDED..........
Hopefully by mid December 2016
Dear Friends,
I am shocked to know that today the visa office made a decision on my FSW case which I had applied four years ago. Though there was slight mistake from my side to disclose my previous occupations, the visa office took it as misrepresentation and made decision declaring me 'inadmissible' to Canada for 2 years. Now, the serious question is, does it affect my ongoing Sponsorship Application which has not been approved yet?? Will they refuse the ongoing application outright or they will delay my case for two years?? . If they refuse on the ground of misrepresentation, will my spouse have the right of appeal or not?? Please kindly help me...If anyone has any idea or any experience similar to this, plz share here. I am so helpless now..

Thank you.
 

zardoz

VIP Member
Feb 2, 2013
13,298
2,167
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
I strongly recommend that you contact an immigration lawyer immediately.
Sorry but I suspect that your sponsorship application is in great peril.
 

scylla

VIP Member
Jun 8, 2010
95,939
22,177
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
bishista1 said:
Dear Friends,
I am shocked to know that today the visa office made a decision on my FSW case which I had applied four years ago. Though there was slight mistake from my side to disclose my previous occupations, the visa office took it as misrepresentation and made decision declaring me 'inadmissible' to Canada for 2 years. Now, the serious question is, does it affect my ongoing Sponsorship Application which has not been approved yet?? Will they refuse the ongoing application outright or they will delay my case for two years?? . If they refuse on the ground of misrepresentation, will my spouse have the right of appeal or not?? Please kindly help me...If anyone has any idea or any experience similar to this, plz share here. I am so helpless now..

Thank you.
Yes - the 2 year ban will impact any application you current have ongoing. The 2 year ban means your spousal sponsorship application cannot proceed until the 2 year ban has passed. As zardoz said, if you want to fight the misprepresentation, get yourself a very good immigration lawyer asap.
 

keesio

VIP Member
May 16, 2012
4,795
396
Toronto, Ontario
Category........
Visa Office......
CPP-O
Job Offer........
Pre-Assessed..
App. Filed.......
09-01-2013
Doc's Request.
09-07-2013
AOR Received.
30-01-2013
File Transfer...
11-02-2013
Med's Done....
02-01-2013
Interview........
waived
Passport Req..
12-07-2013
VISA ISSUED...
15-08-2013
LANDED..........
14-10-2013
Yes you need a good lawyer.

What was the misrepresentation charge? If it sounds like an honest mistake, then I suppose you have small chance of success with an appeal...
 

bishista1

Star Member
Jun 15, 2012
179
5
Category........
Visa Office......
NEW DELHI
NOC Code......
SPOUSAL SPONSORSHIP
Job Offer........
Pre-Assessed..
App. Filed.......
26-05-2016
Doc's Request.
In Process: 29 July, 2016
AOR Received.
AoR1 on 14-06-2016, AoR2: 02-08-2016
File Transfer...
22-07-2016
Med's Done....
25-03-2016
Passport Req..
Waiting
LANDED..........
Hopefully by mid December 2016
zardoz said:
I strongly recommend that you contact an immigration lawyer immediately.
Sorry but I suspect that your sponsorship application is in great peril.
Thank you for your suggestion. My spouse will find an immigration lawyer. We seriously don't want our sponsorship application go in peril. If you know any expert lawyer plz advise me.
 

bishista1

Star Member
Jun 15, 2012
179
5
Category........
Visa Office......
NEW DELHI
NOC Code......
SPOUSAL SPONSORSHIP
Job Offer........
Pre-Assessed..
App. Filed.......
26-05-2016
Doc's Request.
In Process: 29 July, 2016
AOR Received.
AoR1 on 14-06-2016, AoR2: 02-08-2016
File Transfer...
22-07-2016
Med's Done....
25-03-2016
Passport Req..
Waiting
LANDED..........
Hopefully by mid December 2016
keesio said:
Yes you need a good lawyer.

What was the misrepresentation charge? If it sounds like an honest mistake, then I suppose you have small chance of success with an appeal...
Thank you for your advice. I had applied under Federal Skilled Worker Category as a Lecturer in 2010. From 2006 to 2014 February, I had been teaching in a college and from 2009 I had also joined second job for day-time which I thought was not relevant to mention in my application. Unfortunately, the Visa Office happened to know that I was also working in the another field that I did not mention in my application. After the visa office sent me a letter mentioning its dissatisfaction with my job, i provided them with every proofs including copies of my salary sheet, attendance register, letter of the college and the letter from the second employer confirming that my duty hour is flexible, not strictly from 9-5. Even after submitting all these things, they did not make decision for 3 months. After my spouse consulted with the lawyer about the case, he advised to withdraw the FSW case and apply under Family Sponsorship, we did as per his suggestions. To our utter surprise, after one month of the request of withdrawal of the FSW case, they sent me a letter charging me of 'misrepresenting' the occupation. The first secretary (Immigration) who signed the letter states that he is not satisfied with my work experience of the college and charged me of 'misrepresentation' and hence inadmissible to Canada for 2 years. We have applied under Family Sponsorship category but the application has not been accepted yet. In such a situation, I am feeling like out of frying pan into the fire!!
 

bishista1

Star Member
Jun 15, 2012
179
5
Category........
Visa Office......
NEW DELHI
NOC Code......
SPOUSAL SPONSORSHIP
Job Offer........
Pre-Assessed..
App. Filed.......
26-05-2016
Doc's Request.
In Process: 29 July, 2016
AOR Received.
AoR1 on 14-06-2016, AoR2: 02-08-2016
File Transfer...
22-07-2016
Med's Done....
25-03-2016
Passport Req..
Waiting
LANDED..........
Hopefully by mid December 2016
scylla said:
Yes - the 2 year ban will impact any application you current have ongoing. The 2 year ban means your spousal sponsorship application cannot proceed until the 2 year ban has passed. As zardoz said, if you want to fight the misprepresentation, get yourself a very good immigration lawyer asap.
Will they stop processing it or take negative decision right away??