Inadmissible for a period of two years

[Valor]

Good PM All,

Please I'm new on this forum but I need advice on my canadian temp resident visa application which was made Aug 20, 2014. due to an error made on filling out my application I found misrepresented. The question asked on page 3 of 4 on the temp. Resident Visa application which reads; Q 2(b) Have you ever been refused a visa or permit, denied entry or ordered to leave canada or any other country? I stated "No" instead of yes. I misunderstood the question thinking the question was related only to canada. And the VO made a background check while assessing my application and finds out I was refused a US B1B2 non-immigrant visa and stated I fail to declare I was refuse a US B1B2 non-immigrant visa. Therefore I was found inadmissible to canada pursuant to subsection 40(1)(a) which makes this inadmissibility effective for a period of two years. Is there a way to go about this or do I've to wait until the two years elapse before I can re-apply for a temp. Resident Visa? Someone who have an ideal please help.

 

[scylla]

You have to wait two years before you can re-apply for a Temporary Resident Visa due to the misrepresentation.

 

[Valor]

Thank you for replying. that's a long wait though.

 

[Valor]

Also is there any way a visa immigration lawyer can work around this decision of misrepresentation. I called a few visa law firms and they insisted I make an appointment for a consultation for one of their experts to talk to me. in your own experience what do you think. I would appreciate any good information to work with.

 

[scylla]

Also is there any way a visa immigration lawyer can work around this decision of misrepresentation. I called a few visa law firms and they insisted I make an appointment for a consultation for one of their experts to talk to me. in your own experience what do you think. I would appreciate any good information to work with.

I think it's a waste of money and you won't be able to overturn the misrepresentation. You clearly did put incorrect information in your application and CIC was correct in making a finding of misrepresentation since you lied about being refused entry into the US. You can't argue that you misread the question - CIC won't accept that as a valid excuse.

But it's really your choice. If you want to hire a lawyer to try to overturn the misrepresentation then by all means give it a go.

 

[Valor]

Thanks again, I wish I came accross this forum before making my application. I think you are right too. No one would believe I'm telling the truth since they were the one who find out that information. Again would this be an issue after two years if I decide to re-apply for a Temp. Resident Visa?

 

[scylla]

It's hard to say - it might be.

When CIC receives your new application 2 years from now the officer handling your file will have access to the information regarding your current application and the finding of misrepresentation. This likely means that CIC will examine any future application you submit more closely to ensure you are being truthful and are also a genuine visitor. When you apply in 2 years, I would ensure you provide as much evidence as possible that shows you have strong ties to your home country and no plans on remaining in Canada long term.

 

[Valor]

Thanks for the information. You rock! Peace.

 

[CanV]

Good PM All,

Please I'm new on this forum but I need advice on my canadian temp resident visa application which was made Aug 20, 2014. due to an error made on filling out my application I found misrepresented. The question asked on page 3 of 4 on the temp. Resident Visa application which reads; Q 2(b) Have you ever been refused a visa or permit, denied entry or ordered to leave canada or any other country? I stated "No" instead of yes. I misunderstood the question thinking the question was related only to canada. And the VO made a background check while assessing my application and finds out I was refused a US B1B2 non-immigrant visa and stated I fail to declare I was refuse a US B1B2 non-immigrant visa. Therefore I was found inadmissible to canada pursuant to subsection 40(1)(a) which makes this inadmissibility effective for a period of two years. Is there a way to go about this or do I've to wait until the two years elapse before I can re-apply for a temp. Resident Visa? Someone who have an ideal please help.

If you really want to travel before then write a letter and explain it was rather a mistake and you did not intend to misrepresent. There may be a small chance it would work. Like the others advised, a lawyer would be a waste of money.

 

[Valor]

Yes I truly want to travel and see what Canada is like! If it's an idea place to migrate with my family. Initially when I submitted my application Aug. 20th I got an email on the 27th here's a copy of the email Recieved;
I have now completed the assessment of your application for a temporary resident visa to Canada. I have determined that you may not meet the requirements for a temporary resident visa to Canada.

Subsection 40(1)(a) of the Immigration and Refugee Protection Act states that a “foreign national is inadmissible for misrepresentation for directly or indirectly misrepresenting or withholding material facts relating to a relevant matter that induces or could induce an error in the administration of this Act.”

During the examination of your application I have concluded that you appear to have misrepresented the following material facts:

- You have failed to declare your previous refusal of a US Non-Immigrant Visa

This above information was discovered through standard background checks and your records in our system. The misrepresentation or withholding of this material fact induced or could have induced errors in the administration of the Act as you appear to have provided incorrect information regarding your background information, specifically in regards to question 2)b).

Furthermore, paragraph 40(2)(a) specifies that the foreign national continues to be inadmissible for misrepresentation for a period of two years following, in the case of a determination outside Canada, a final determination of inadmissibility under subsection (1).

Subsection 11(1) of the Act provides that a foreign national must, before entering Canada, apply to an officer for a visa or any other document required by the regulations. The visa or document shall be issued if, following an examination, the officer is satisfied that the foreign national is not inadmissible and meets the requirements of this Act.

Before I make my final decision, you have the opportunity to submit additional documents or information relating to the above. You must do so in writing within fifteen (15) days of the date of this letter. If you choose not to respond with additional information, a decision will be rendered in your application based on the information before us.

I responded and explained it was an error and I regret any error I might have caused in the administration and also attached the refusal letter, marriage certificate, children birth papers, current police certificate showing I've no criminal or traffic records. I attached these documents and email it to the email address provided and a month letter I got a result for inadmissible. are you saying I should re-write CIC explaining. Because If not the VO who discovered that error i wouldn't have noticed it. It was when it was been mentioned after the assessment of my application I went back to the copies I've and saw the error. Please throw more light on what I need to do.

 

[scylla]

I responded and explained it was an error and I regret any error I might have caused in the administration and also attached the refusal letter, marriage certificate, children birth papers, current police certificate showing I've no criminal or traffic records. I attached these documents and email it to the email address provided and a month letter I got a result for inadmissible. are you saying I should re-write CIC explaining. Because If not the VO who discovered that error i wouldn't have noticed it. It was when it was been mentioned after the assessment of my application I went back to the copies I've and saw the error. Please throw more light on what I need to do.

When the VO sent you this letter, they weren't asking you to explain why you made the error or to justify it. What they were actually providing you with an opportunity to do was to argue there was no misrepresentation. In other words, if you had in fact never been refused entry into the US, this would have been your opportunity to argue this and demonstrate that you did in fact answer the application truthfully and that for some reason CIC had made an error in believe you were refused a visa to the US. Unfortunately in your case, CIC's finding was correct and you did in fact fail to mention a refusal - so there was nothing for you to argue.

If CIC did not accept your explanation above then your file is closed and I highly doubt they will reconsider their decision if you sent another letter. However I supposed you can certainly try. I think it's a lost cause and you just need to accept that you won't be allowed to enter Canada for the next 2 years.

 

[scylla]

In case you do decide to write another letter, be aware that CIC doesn't simply regard your omission as an administrative error. It's a material misrepresentation of a fact used to try to gain entry into Canada. It's very serious in their eyes.

 

[Valor]

Same thing Scylla mention on her previous post. Two years is steep though! guess I just have to explore other places until the two year ban is over. Need to educate myself more from experts like you guys before sending any other application for TRV. Also do you guys have idea on U.S applications for B1B2 non-immigrant visas? Any information would be appreciated.

 

[scylla]

US visa information can be found on the US government web site:

http://travel.state.gov/content/visas/english/visit/visitor.html

When you apply, make sure you mention both your US and Canadian visa refusals.

 

[Jalex23]

When you apply, make sure you mention both your US and Canadian visa refusals.

And any other refusals you might have ;D