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help with misrepresentation

tunrax

Newbie
Jul 22, 2017
3
0
Dear All,

i need help with appealing misrepresentation of information.

i applied for a visiting visa to Canada not quite long, i was given 5 years ban for withholding my USA visa denials.
in the application section where i was asked if i have been denied a canadian visa or to other country, i answered yes but didn't explain the details of the refusal,only mentioned my study permit denials in the past.

i have applied for a study permit visa to Canada in the past and in all my applications i have always mentioned my USA visa denials but in the latest application i only answered yes to being denied in the past but didn't explain in details the denials.
MY question is this:
1. Is it ok to appeal the 5 years ban.
2 what are my chances of winning the appeal.
3. How long does an appeal take..
4 . Can the appeal decision affect future applications.

Any suggestion is welcomed.

Thank you.
 

Bryanna

VIP Member
Sep 8, 2014
14,136
3,122
Hi,

1. It's pointless to appeal the 5 years' ban for misrepresentation.

2. Your chances of winning an appeal (should you decide to pursue that route) are practically zero.

3. Could take as long as required

4. Any visa applications that you submit will be constantly refused until the 5 years' ban is over. It's difficult to say whether you will get a favorable decision for any other visa application after that.


It's best if you do not appeal which is not only expensive but will be a futile attempt to overturn the ban. You're only option is to wait out your 5 years ban and then hope that IRCC will approve you for a visa.

You must declare this 5 years' ban for misrepresentation in any visa application that you make to any country


Good luck
 

scylla

VIP Member
Jun 8, 2010
95,897
22,142
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
I'm not sure there's much you can do at this point - except submit a letter explaining that you accidentally answered the question incorrectly. The purpose of the fairness letter is to provide you with an opportunity to prove that CIC's finding is wrong and that you weren't in fact ever refused (and therefore answered the questions correctly). However this isn't what's happened in your case - you did in fact answer the question falsely and CIC is correct in stating this is misrepresentation. So again, unfortunately your only real option is to submit a letter of apology and hope they just refuse your application (rather than refusing your application AND making a formal finding of misrepresentation and banning you from Canada for five years). Good luck.
 
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Reactions: Bryanna

scylla

VIP Member
Jun 8, 2010
95,897
22,142
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
If i mention my TRV application in my explanation letter in which i did mention my refusal ,will that be of any help?
You can certainly mention it. I don't know if it will be of any help. Can't harm at this point.
 

dh5689

Hero Member
Aug 20, 2014
398
72
@scylla OR Any one, please share your views on below.
In 2010, applied study permit application, was approved. Never show any work experience but actually worked as supervisor to support my tuition fees.



in 2016, when applied for LMIA based work permit for supervisor, had provide them supervisor work experience 2008 to 2010. Unfortunately they gave me refusal as that work experience was inconsistent to all my previous submission to IRCC. They just give me refusal on reason of " i am (OFFICER) not satisfied that you adequately match the job criteria. They didn't check box of misrepresentation and even i order CAIPS notes, never find any misrepresentation thing.

so the question is, Now i am ready to apply for Express entry, my wife as primary applicant , should i mention this in personal history? is it advisable to provide them? Would they give me misrepresentation if i m showing them again? i m not claiming any points neither i m getting any advantage from this in Express Entry

i am concerning your genuine opinion.
Many thanks in Advance.
 

scylla

VIP Member
Jun 8, 2010
95,897
22,142
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
Sorry - I don't know.