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Falangista

Newbie
Mar 7, 2017
8
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I've been a Canadian citizen for over a year, residing in the country for 8 years. Been having a stable and well paid job for over 4 years. I'm also very active in my community, volunteering for church services and the care of the elderly, also applied and have been training to join the Canadian Army reserves.
My brother has a similar story, he's been a citizen for over 3 years, made a family and joined the local Police department as a Constable 2 years ago. I mention these two brief stories to show the dedicated and committed life of service we've offered to our country as a gesture of immense gratitude for being here.
Adding to this, my brother and I help our parents economically and emotionally by keeping daily conversations through the phone, email and skype.

When my nephew was born on July 15th 2014 my parents were very happy and wanted to be with their grandson as much as possible. So my mom being the only one with some education in regards to childcare mentioned the idea of applying as a childcare professional and come and live with us in Canada. There was a problem, my mom graduated from a course in childcare in 1971 and proof of her studies was lost through the years. So she decided to contact the school where she studied to find out that it had been closed for about 25 years and being a private academy getting proof of her studies through a government educational institution could be difficult. Finally through an acquaintance she was offered help, this person claimed to know a lawyer that was fairly skilled in cases like this. When my mom went to see the lawyer everything appeared to be in order, decent office, diplomas and certificates on walls etc... He offered to produce a copy of the diploma for a $1000 CAD. She accepted and a diploma with a new photo of my mom was produced. This document was sent along all other requested documents to the Canadian embassy. Soon enough a letter was sent from the embassy on February 4 2015 denying the application for live-in caregiver due to having submitted documentation which lacks authenticity dismissing the overall credibility of the application, targeting specifically the school documents as not authentic.

On grounds of serious criminality for A36(1)(c), A40(1)(a) it also mentioned failure to appear for an interview with an immigration officer at the Canadian Embassy. The interview appointment was not sent by email, we are guessing that it could have been sent to the cic.ca application account and my mom not being a skilled computer user never saw it. Right after knowing this my mom went back to the lawyer's office but was never received, phone calls never answered and to our grief my mom wasn't even careful enough to procure a receipt from this guy. To make a long story short my mom resigned herself to being denied. Looking only online and with busy work schedules we checked the above laws and read in this web site from another user that the person that fell under this category could not apply anymore for the next two years.

My mom was never able to produce any proof of her studies, so this time February 2017 she applied for an ETA visa letting know in her application about this afore mentioned denied application. She was on hold for a month and without asking for any proof of income, property or anything she was denied the ETA visa due to her history. She's been in Canada before in 2013 and of course went back to her country after the allowed visiting time. She owns a modest house for which she naturally pays property taxes, she even employs a maid to help her with cleaning. My dad's application on the other hand was approved and he was further requested proof of income and ties to their country and an itinerary of their visit. So before requesting legal advice I wanted to visit this helpful site again and read opinions about this case. I can swear that both my parents can proof their ties to their country, show economic solvency to make the trip, we can even give them an extra allowance for their stay and sign anything to prove it. I'm just wandering if there is a way to prove and show that this will be done. I acknowledge that my mom made a costly mistake due to over trusting and even being naïve but we are just trying to make possible for her to meet her grandson for the first time and visit us. Any suggestions to solve this unfortunate situation are welcomed.

Thank you!
 
If she was in fact banned from Canada for misrepresentation, it might be 5 years instead of just 2 years. The penalty was increased but I don't know the exact date. Unfortunately, in misrepresentation cases, such as fraudulent documents, the penalty is applied to the applicant regardless of who actually initiated the fraud. It's unlikely, even if she could prove that she was misled by the lawyer, that the outcome would be different. I doubt that anything can be done until sufficient time has elapsed.
 
One last question, my mom has a US tourist visa, could she visit the states and meet us there without being bugged on the matter by US customs an immigration?

Once again thank you.
 
Falangista said:
One last question, my mom has a US tourist visa, could she visit the states and meet us there without being bugged on the matter by US customs an immigration?

Once again thank you.
While the USA and Canada have information sharing arrangements, it's probably not going to prevent her from going to the USA if she already has a tourist visa. Given the way that the US is going at the moment, there can be no guarantee of successful entry however. Good luck.
 
zardoz said:
If she was in fact banned from Canada for misrepresentation, it might be 5 years instead of just 2 years. The penalty was increased but I don't know the exact date. Unfortunately, in misrepresentation cases, such as fraudulent documents, the penalty is applied to the applicant regardless of who actually initiated the fraud. It's unlikely, even if she could prove that she was misled by the lawyer, that the outcome would be different. I doubt that anything can be done until sufficient time has elapsed.

How can I know for sure if she has been banned and for how long?

Thank you!
 
Falangista said:
How can I know for sure if she has been banned and for how long?

Thank you!
She can order her GCMS notes. This is probably the easiest way at this point. Details how to do this are scattered through the forum and searchable on Google.
 
I am a canadian citizen that has been living in Italy for the past 29 years with my Italian husband. In 1995 we came to Canada to see if we could start a life here, but after 6 months my father in law back in Italy became ill and we returned to Italy. We have been back to Canada almost yearly for visits. I arrived for a visit in July and my husband was to arrive 3 weeks later, but when he went to check into his flight in Rome they would not let him board because his ETA was denied. It stated that he was a permanent resident in Canada and that he needed to show his permanent resident card, which he doesn't have and has never received. They said he could renounce his PR by going to the Canadian Embassy, but that if he did he could never live in Canada. We do not want to close that door. How do I resolve this problem. Not only did we lose his ticket but the time, effort, disappointment has exhausted us both.
 
I am a canadian citizen that has been living in Italy for the past 29 years with my Italian husband. In 1995 we came to Canada to see if we could start a life here, but after 6 months my father in law back in Italy became ill and we returned to Italy. We have been back to Canada almost yearly for visits. I arrived for a visit in July and my husband was to arrive 3 weeks later, but when he went to check into his flight in Rome they would not let him board because his ETA was denied. It stated that he was a permanent resident in Canada and that he needed to show his permanent resident card, which he doesn't have and has never received. They said he could renounce his PR by going to the Canadian Embassy, but that if he did he could never live in Canada. We do not want to close that door. How do I resolve this problem. Not only did we lose his ticket but the time, effort, disappointment has exhausted us both.

Your husband is still a permanent resident and doesn't qualify for an ETA. He needs either a valid PR card or a PR Travel Document in order to fly to
Canada. Since he's been living outside of Canada with you - the time spent living outside of Canada counts towards his residency requirement and allows him to keep his PR status. However he can't apply to renew his PR card unless he's physically in Canada. If he just wants to make one visit, then he can apply for a PR TD - he'll need to supply proof that he has been living outside of Canada with you. http://www.cic.gc.ca/english/information/travel-document/

If he still has his landing papers, another option would be to fly to the US and enter Canada via a land border using a private vehicle.