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espresso87

Star Member
May 4, 2019
57
4
If our we’ve received a procedural fairness letter and after responding to it our application is refused, will we receive a 5 year ban ? Do all refusals receive a ban and if not, can you reapply? He is now out of status. If he is refused, will they issue a removal? Can this be fought?
 
If our we’ve received a procedural fairness letter and after responding to it our application is refused, will we receive a 5 year ban ? Do all refusals receive a ban and if not, can you reapply? He is now out of status. If he is refused, will they issue a removal? Can this be fought?

- No, you won't automatically receive a 5 year ban if you are refused. IRCC will only apply the 5 year ban if they believe there has been material misrepresentation.
- If you are not given the ban, then yes, you can reapply.
- If you are given the ban, you can try to fight it but this is generally hard and you will need to hire an immigration lawyer.
- The fact he is out of status complicates the situation and means IRCC may say he need to leave Canada if refused.
- Given the kinds of questions you are asking, probably best that you be working with a good immigration lawyer if you aren't already.
 
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- No, you won't automatically receive a 5 year ban if you are refused. IRCC will only apply the 5 year ban if they believe there has been material misrepresentation.
- If you are not given the ban, then yes, you can reapply.
- If you are given the ban, you can try to fight it but this is generally hard and you will need to hire an immigration lawyer.
- The fact he is out of status complicates the situation and means IRCC may say he need to leave Canada if refused.
- Given the kinds of questions you are asking, probably best that you be working with a good immigration lawyer if you aren't already.
Yes already working with an amazing immigration lawyer. Was just wondering if anyone had the experience of being out of status and refused and even if so, can you overturn the removal order etc