First dependant work permit refused due to misrepresentation & visitor reapplied

[Udaypavan]

I applied for dependant work permit for my spouse in December and got misrepresentation due to the wrong submission of the experience certificate from the representative. But took help of the immigration lawyer and reapplied for visitor visa stating concerned reasons that it was not her mistake while applying dependant workpermit. But again got the refusal letter for the visitor visa as well but there were no check in boxes provided for misrepresentation section in visitor visa refusal letter. So whether is there any chance of not having the misrepresentation on my spouse visitor visa refusal letter. What can be the solution in my case ? Thanks

 

[scylla]

Was there an actual finding of misrepresentation for the work permit? If so, then your spouse has a 5 year ban from Canada and cannot apply for anything (including a visitor visa) until these five years pass.

What did the visitor visa refusal say?

 

[Udaypavan]

Thanks scylla for quick reply

Yes, there is a40 (misrepresentation) on the dependant work permit refusal letter. But I consulted through the immigration lawyer and he prepared documents to support for her visitor visa. The visitor visa was refused and the checked in boxes were, family ties, travel history to Canada. But there were no check in boxes in misrepresentation section either for a40(1)a or a40(2)a sections. I was in confusion whether does she still have any misrepresentation on her file ?

 

[Bryanna]

a40 (misrepresentation) on the dependant work permit refusal letter.

As per Section 40(1)(a), if your wife was refused for committing misrepresentation then she is inadmissible for the next 5 years. This means your wife is banned from entering Canada for 5 years. Any visa that your wife applies for will be automatically refused until the 5 years lapses.

Your immigration lawyer has advised you wrongly. She should not have applied for a TRV

 

[Udaypavan]

May I know what were the options left for me to bring my wife here ? Right now I am on work permit and finished my 1 year work experience in the skilled occupation and eligible to apply for pr in cec class.

 

[Bryanna]

Unfortunately, there are absolutely no options until the 5 years ban is over.

Your wife will be refused/she cannot apply for PR because she has a 5 years ban