IRCC decision separating family members?

[Cananite]

I'm new around here so please pardon me if i am breaking any rules posting in the wrong section.
my family and i applied for a Canadian tourist visa,
we all recently got approved except my wife. refusal reason was specifically because we forgot to mention a previous travel history were she was denied entry 10 yrs ago by the U.S.

my real question is: can this decision be overturned? what could i do and what are our chances? its been near 2wks and i am so stuck. with 2 kids, i intend on cancelling the trip IF mummy isn't coming us.

 

[Naturgrl]

I'm new around here so please pardon me if i am breaking any rules posting in the wrong section.
my family and i applied for a Canadian tourist visa,
we all recently got approved except my wife. refusal reason was specifically because we forgot to mention a previous travel history were she was denied entry 10 yrs ago by the U.S.

my real question is: can this decision be overturned? what could i do and what are our chances? its been near 2wks and i am so stuck. with 2 kids, i intend on cancelling the trip IF mummy isn't coming us.

Not listing refusal is misrepresentation, and taken very seriously. What did the letter say? Was there mention of a 5 year ban?

A decision like that if she forgot to mention denied entry cannot be overturned. She needs to reapply (if she didn’t receive procedural fairness letter with 5 year ban) and mention denied entry on her next application. Cannot say whether it will be approved.

 

[scylla]

I'm new around here so please pardon me if i am breaking any rules posting in the wrong section.
my family and i applied for a Canadian tourist visa,
we all recently got approved except my wife. refusal reason was specifically because we forgot to mention a previous travel history were she was denied entry 10 yrs ago by the U.S.

my real question is: can this decision be overturned? what could i do and what are our chances? its been near 2wks and i am so stuck. with 2 kids, i intend on cancelling the trip IF mummy isn't coming us.

Your wife needs to reapply / submit a new application.

As said above, failing to declare a previous refusal is regarded as a serious misrepresentation which can result in a 5 year ban from Canada. It sounds like your wife got lucky and was only refused vs. being given the 5 year ban. It's extremely important to answer all questions in the application truthfully which your wife failed to do.

She needs to submit a new applicatio, this time declaring both the US refusal as well as the recent Canadian refusal.

If you don't have time to reapply before your trip, then it sounds like you need to cancel.

 

[Cananite]

Not listing refusal is misrepresentation, and taken very seriously. What did the letter say? Was there mention of a 5 year ban?

A decision like that if she forgot to mention denied entry cannot be overturned. She needs to reapply (if she didn’t receive procedural fairness letter with 5 year ban) and mention denied entry on her next application. Cannot say whether it will be approved.

the refusal letter said the refusal was drawn from failing to tell the truth about her travel history. no where in the letter did it use the word 'Misrepresentation'. further to this, she did not receive any other letter stating a 5 year ban.
truly, this was a honest mistake. i knew about the U.S refusal even though we weren't together then. i'm going to speak to her on re-applying. seems like a better option than appealing with the help of an immigration lawyer.
thank you for your deep insight especially on the 5 year ban procedural fairness letter. no idea that usually comes with a letter.

 

[Cananite]

Your wife needs to reapply / submit a new application.

As said above, failing to declare a previous refusal is regarded as a serious misrepresentation which can result in a 5 year ban from Canada. It sounds like your wife got lucky and was only refused vs. being given the 5 year ban. It's extremely important to answer all questions in the application truthfully which your wife failed to do.

She needs to submit a new applicatio, this time declaring both the US refusal as well as the recent Canadian refusal.

If you don't have time to reapply before your trip, then it sounds like you need to cancel.

so i have been told. 5 yr ban for misrepresentation. i agree that my wife was lucky. we'll attempt a reapplication and see how that goes. thank you friend.

 

[scylla]

so i have been told. 5 yr ban for misrepresentation. i agree that my wife was lucky. we'll attempt a reapplication and see how that goes. thank you friend.

Good luck with the second application. Make sure you declare both refusals.

 

[Naturgrl]

the refusal letter said the refusal was drawn from failing to tell the truth about her travel history. no where in the letter did it use the word 'Misrepresentation'. further to this, she did not receive any other letter stating a 5 year ban.
truly, this was a honest mistake. i knew about the U.S refusal even though we weren't together then. i'm going to speak to her on re-applying. seems like a better option than appealing with the help of an immigration lawyer.
thank you for your deep insight especially on the 5 year ban procedural fairness letter. no idea that usually comes with a letter.

She didn’t declare the refusal so she cannot appeal. She can reapply for a TRV but she must declare US and Canadian refusals.

 

[scylla]

the refusal letter said the refusal was drawn from failing to tell the truth about her travel history. no where in the letter did it use the word 'Misrepresentation'. further to this, she did not receive any other letter stating a 5 year ban.
truly, this was a honest mistake. i knew about the U.S refusal even though we weren't together then. i'm going to speak to her on re-applying. seems like a better option than appealing with the help of an immigration lawyer.
thank you for your deep insight especially on the 5 year ban procedural fairness letter. no idea that usually comes with a letter.

I agree that an appeal is not a good option. Appeals are the path to take if an application was incorrectly refused and IRCC made an error. IRCC made no error in your wife's application. Your wife was the one who made the error. She very clearly failed to declare a past refusal and IRCC correctly refused her application. Additionally, IRCC doesn't really differentiate between international and unintentional misrepresentation. She should reapply.

 

[Cananite]

Hello again guys. @scylla and @Naturgrl .
so i thought, instead of making a new thread post i could further pick your brains on something real quick on here.

now i'm on the verge of submitting a new application for the missus. do I also need to submit a fresh hotel/flight reservation in her name alone? Or could I use the old document from the previous 'family' application (of course with some changes were necessary)? but like the question, would it matter if i just went ahead, resubmitted the family joint trip information? because the original planned family holiday date is still kinda far away and she could still join IF her visa is granted this time around.

 

[scylla]

Hello again guys. @scylla and @Naturgrl .
so i thought, instead of making a new thread post i could further pick your brains on something real quick.

now i'm on the verge of submitting a new application for the missus. do I also need to submit a fresh hotel/flight reservation in her name alone? Or could I use the old document from the previous 'family' application (of course with some changes were necessary)? but like the question, would it matter if i just went ahead, resubmitted the family joint trip information? because the original planned family holiday date is still kinda far away and she could still join IF her visa is granted this time around.

You can use the same / old hotel & flight reservations.