Misrepresentation 5 years inadmissability (Spousal sponsorship)

[weareone]

Hi everyone,

I would like to get your opinion on my previous case, I received a letter informing me of the misrepresentation of a document (marriage cert) and was given 5 years ban. After the incident, we corrected all the mistakes that we did and now we have all the necessary and authentic papers to prove our love and marriage are genuine.

After 5 years we are thinking of reapplying again,
1. Is Anyone you know being successful after the 5 years ban?
2. Suggestions on what additional/extra papers to submit to make the submission of documents strong?
3. Do I need to attach the IRCC inadmissibility paper once I reapply?
4. Do I need to make an explanation letter from my previous case?

All ideas/suggestions are highly appreciated. Thank you

 

[ERCAN]

You are very vague on what had really happened. Misrepresentation AFAIK is a very serious offence and considered a crime: https://www.canada.ca/en/immigration-refugees-citizenship/services/protect-fraud/document-misrepresentation.html

I guess that it doesn't mean that you are inadmissible but I would highly recommend to get an immigration lawyer to help you with the case and do not attempt it on your own. I wouldn't certainly expect to get a good legal counselling on a forum.

 

[lenuxii]

Hi everyone,

I would like to get your opinion on my previous case, I received a letter informing me of the misrepresentation of a document (marriage cert) and was given 5 years ban. After the incident, we corrected all the mistakes that we did and now we have all the necessary and authentic papers to prove our love and marriage are genuine.

After 5 years we are thinking of reapplying again,
1. Any similar situation from the members that got approved after the 5 years ban?
2. Suggestions on what additional/extra papers to submit to make the submission of documents strong?
3. Do I need to attach the IRCC inadmissibility paper once I reapply?
4. Do i need to make an explanation letter from my previous casse?

All ideas / suggestions are highly appreciated. Thank you

Hi, sorry to hear about your situation. Could I ask what was wrong with the marriage certificate why was it deemed as 'misrepresentation'?

To answer your question:
1. I'm not sure about this one but it's not impossible to get approval after inadmissibility I've seen people do it (multiple retries even), however you will need to have a lawyer with you through your process. They would know the legalities of your application. I don't recommend you going into this alone.
2. Not sure... a lawyer would be able to help out with this.
3. You have to be honest with IRCC with any inadmissibility, if you try to hide it you'd just cause the same thing to happen again. Never lie to immigration about anything they will know. A lawyer will also be able to advice you more on this.
4. I believe there is a section in the package to explain if you'd ever had any reason for inadmissibility, you should be able to explain yourself there.

 

[Buletruck]

Shouldn't be any impediments to applying after the 5 years.

 

[scylla]

Hi everyone,

I would like to get your opinion on my previous case, I received a letter informing me of the misrepresentation of a document (marriage cert) and was given 5 years ban. After the incident, we corrected all the mistakes that we did and now we have all the necessary and authentic papers to prove our love and marriage are genuine.

After 5 years we are thinking of reapplying again,
1. Is Anyone you know being successful after the 5 years ban?
2. Suggestions on what additional/extra papers to submit to make the submission of documents strong?
3. Do I need to attach the IRCC inadmissibility paper once I reapply?
4. Do I need to make an explanation letter from my previous case?

All ideas/suggestions are highly appreciated. Thank you

1. Yes, people have been successful.
2. Depends on the exact nature of the misrepresentation.
3. Might as well if you have it.
4. Depends on the exact nature of the misprepresentation.

 

[moscatojuices]

Show us the letter from IRCC.

 

[weareone]

1. Yes, people have been successful.
2. Depends on the exact nature of the misrepresentation.
3. Might as well if you have it.
4. Depends on the exact nature of the misprepresentation.

2. regarding my case, anything that can be added to my submission that can be a strong proof other than the required documents needed by immigration, that you heard or read was 'potentially a good paper work or proof'

 

[scylla]

2. regarding my case, anything that can be added to my submission that can be a strong proof other than the required documents needed by immigration, that you heard or read was 'potentially a good paper work or proof'

Impossible for me or anyone else to say without knowing exactly what was misrepresented.

 

[weareone]

Show us the letter from IRCC.

The misrepresentation or withholding of this material fact induced or could have induced errors in the administration of the Act because you could have been found meeting the requirements of the Family Class Program. As result, you are inadmissible to Canada for a period of five years from the date of this letter. in

addition. pursuant to subsection (403) of the Immigration and Refugee Protection Act, because you

are a foreign national who is inadmissible on the basis of section 40. you may not apply for

permanent resident status during this 5 year period.

 

[weareone]

Impossible for me or anyone else to say without knowing exactly what was misrepresented.

The misrepresentation or withholding of this material fact induced or could have induced errors in the administration of the Act because you could have been found meeting the requirements of the Family Class Program. As result, you are inadmissible to Canada for a period of five years from the date of this letter. in

addition. pursuant to subsection (403) of the Immigration and Refugee Protection Act, because you

are a foreign national who is inadmissible on the basis of section 40. you may not apply for

permanent resident status during this 5 year period.

 

[scylla]

The misrepresentation or withholding of this material fact induced or could have induced errors in the administration of the Act because you could have been found meeting the requirements of the Family Class Program. As result, you are inadmissible to Canada for a period of five years from the date of this letter. in

addition. pursuant to subsection (403) of the Immigration and Refugee Protection Act, because you

are a foreign national who is inadmissible on the basis of section 40. you may not apply for

permanent resident status during this 5 year period.

We need more details that that. What was the actual misrepresentation. Without knowing exactly what the misrepresentation was, we can't comment on what documents you should include.

 

[Ponga]

The misrepresentation or withholding of this material fact induced or could have induced errors in the administration of the Act because you could have been found meeting the requirements of the Family Class Program. As result, you are inadmissible to Canada for a period of five years from the date of this letter. in

addition. pursuant to subsection (403) of the Immigration and Refugee Protection Act, because you

are a foreign national who is inadmissible on the basis of section 40. you may not apply for

permanent resident status during this 5 year period.

So, was it this?

Cessation of refugee protection — foreign national

• 40.1 (1) A foreign national is inadmissible on a final determination under subsection 108(2) that their refugee protection has ceased.
• Marginal note:Cessation of refugee protection — permanent resident
  (2) A permanent resident is inadmissible on a final determination that their refugee protection has ceased for any of the reasons described in paragraphs 108(1)(a) to (d).

 

[weareone]

So, was it this?

Cessation of refugee protection — foreign national

• 40.1 (1) A foreign national is inadmissible on a final determination under subsection 108(2) that their refugee protection has ceased.
• Marginal note:Cessation of refugee protection — permanent resident
  (2) A permanent resident is inadmissible on a final determination that their refugee protection has ceased for any of the reasons described in paragraphs 108(1)(a) to (d).

Basically, we seek help with a consultant that did all the paperwork before , and will do it in the quickest way possible, adn get married and has the capacity of

Show us the letter from IRCC.

---------------------------------------
I have determined that you do not meet the requirements of the Immigration and Refugee Protection Act.
Paragraph 40(1)(a) specifies that the permanent resident or the foreign national continues to be
inadmissible for misrepresentation for a period of five years following. in the case of a determination
outside Canada, a final determination of inadmissibility under subsection (1). Subsection 40(3)
specifies that a foreign national who is inadmissible under this section may not apply for permanent
resident status during the period referred to in paragraph (2)(a).

You misrepresented the below material fact: Certificate of Marriage

The misrepresentation or withholding of this material fact induced or could have induced errors in the administration of the Act because you could have been found meeting the requirements of the Family Class Program. As result, you are inadmissible to Canada for a period of five years from the date of this letter. in addition. pursuant to subsection 40(3) of the Immigration and Refugee Protection Act, because you are a foreign national who is inadmissible on the basis of section 40. you may not apply for permanent resident status during this 5-year period.

 

[weareone]

Impossible for me or anyone else to say without knowing exactly what was misrepresented.

---------------------------------------
I have determined that you do not meet the requirements of the Immigration and Refugee Protection Act.
Paragraph 40(1)(a) specifies that the permanent resident or the foreign national continues to be
inadmissible for misrepresentation for a period of five years following. in the case of a determination
outside Canada, a final determination of inadmissibility under subsection (1). Subsection 40(3)
specifies that a foreign national who is inadmissible under this section may not apply for permanent
resident status during the period referred to in paragraph (2)(a).

You misrepresented the below material fact: Certificate of Marriage

The misrepresentation or withholding of this material fact induced or could have induced errors in the administration of the Act because you could have been found meeting the requirements of the Family Class Program. As result, you are inadmissible to Canada for a period of five years from the date of this letter. in addition. pursuant to subsection 40(3) of the Immigration and Refugee Protection Act, because you are a foreign national who is inadmissible on the basis of section 40. you may not apply for permanent resident status during this 5-year period.

 

[weareone]

So, was it this?

Cessation of refugee protection — foreign national

• 40.1 (1) A foreign national is inadmissible on a final determination under subsection 108(2) that their refugee protection has ceased.
• Marginal note:Cessation of refugee protection — permanent resident
  (2) A permanent resident is inadmissible on a final determination that their refugee protection has ceased for any of the reasons described in paragraphs 108(1)(a) to (d).

---------------------------------------
I have determined that you do not meet the requirements of the Immigration and Refugee Protection Act.
Paragraph 40(1)(a) specifies that the permanent resident or the foreign national continues to be
inadmissible for misrepresentation for a period of five years following. in the case of a determination
outside Canada, a final determination of inadmissibility under subsection (1). Subsection 40(3)
specifies that a foreign national who is inadmissible under this section may not apply for permanent
resident status during the period referred to in paragraph (2)(a).

You misrepresented the below material fact: Certificate of Marriage

The misrepresentation or withholding of this material fact induced or could have induced errors in the administration of the Act because you could have been found meeting the requirements of the Family Class Program. As result, you are inadmissible to Canada for a period of five years from the date of this letter. in addition. pursuant to subsection 40(3) of the Immigration and Refugee Protection Act, because you are a foreign national who is inadmissible on the basis of section 40. you may not apply for permanent resident status during this 5-year period.