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Misrepresentation+5 Years inadmissibility

strandedmind

Newbie
Jul 8, 2021
3
0
If, despite all that, you did not get a 5 year misrepresentation ban, you can absolutely apply now, declare all your education properly, and if you feel so moved, include a letter of explanation explaining why it was not declared earlier.

If you declare it now, you shouldn't be banned for misrepresentation now.
Thanks for the information, k.h.p. It feels good to hear that.
 

G.s.kaur

Star Member
Jul 8, 2019
104
38
Hii My husband got 5 year ban and I applied for work permit. But not yet approved. We did an appeal and got his file in processing again. My question is can I withdraw his file now because we got to know after one year that our lawyer did tha mistake that is not be overlooked. So I was thinking to withdraw his file and will it be the status of withdrawn or 5 year ban on the file we thinking to withdraw
 

scylla

VIP Member
Jun 8, 2010
95,911
22,161
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
Hii My husband got 5 year ban and I applied for work permit. But not yet approved. We did an appeal and got his file in processing again. My question is can I withdraw his file now because we got to know after one year that our lawyer did tha mistake that is not be overlooked. So I was thinking to withdraw his file and will it be the status of withdrawn or 5 year ban on the file we thinking to withdraw
Has IRCC officially told you that they have reversed the 5 year ban?

If not, then you do not want to withdraw his application. You need to let it continue to process.
 

t0mmytm

Star Member
Feb 28, 2019
66
14
Hi people,

I have a very urgent question. I make the same error as everyone here but but i thinked that this forum saved my life, let me explain:

I applied for a PR and my consultant (that i fired) never asked me about the refusal so he put no for the magic question (i had us refusal).
When i needed to renew my canadian visa (15 month after the PR, i saw the question) and of course i declared the refusal. I directly called him and went to his office to correct the schedule A, 3 months after i got the pr (2 years ago).

When i asked him to transfer my folder to ask alone the citzenship, i cant see that the error was corrected and when i asked him on the phone if he corrected the mistake he said yes. When i asked many times by email to send me the proof, he answered by : i dont know what are you talking about, you got your PR and that type of questions can lost you the PR!!! so it's clear that he didnt correct it!

I have several questions here:
1- Lets says that it's confirmed that he didnt correct it and i got the pr, what should i do know ? (lawylers told me to dont contact IRCC, but if they ask we will answer that it's the consultant error and i need to make a complain)
2- if i will ask to get my folder (access to information from the immigration) for RP and for canada visa renew, the agent who will send me that wont make me a trouble because he will see that i make two differents answers (''yes" in the canada visa and ''no'' in the PR)

Thanks folks!
 

zabed_h2

Newbie
Jun 12, 2021
6
0
Hi good people, Currently I am on a PGWP, but my wife is inadmissible to Canada for 5 years and her 5-year ban will expire on 16th January 2023. After that date can she reapply for OWP? Should I assign a lawyer for her? Your valuable insights would be highly appreciated. TIA
 
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scylla

VIP Member
Jun 8, 2010
95,911
22,161
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
Hi good people, Currently I am on a PGWP, but my wife is inadmissible to Canada for 5 years and her 5-year ban will expire on 16th January 2023. After that date can she reapply for OWP? Should I assign a lawyer for her? Your valuable insights would be highly appreciated. TIA
Yes, she can reapply then. Your choice if you use a lawyer or not.
 

zabed_h2

Newbie
Jun 12, 2021
6
0
Yes, she can reapply then. Your choice if you use a lawyer or not.
I was wondering if they try to reconnect her previous ban as her agent truly messed up her previous application. The agent submitted some documents without her consent, she didn't know what kind of documents the agent submitted on behalf of her.
 

scylla

VIP Member
Jun 8, 2010
95,911
22,161
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 was wondering if they try to reconnect her previous ban as her agent truly messed up her previous application. The agent submitted some documents without her consent, she didn't know what kind of documents the agent submitted on behalf of her.
IRCC will have access to her old application and will know about the misrepresentation ban. If the situation is complex and you don't feel comfortable applying on your own, then it probably makes sense to hire an immigration lawyer to help you.
 

zabed_h2

Newbie
Jun 12, 2021
6
0
IRCC will have access to her old application and will know about the misrepresentation ban. If the situation is complex and you don't feel comfortable applying on your own, then it probably makes sense to hire an immigration lawyer to help you.
Thanks a lot indeed,
One more issue---
I am a little confused about my wife's ban expiry date...... 1st inadmissible was on 40(1)(a) in 2018 January 16, for her SP application, then a year after on 40(2)(a) in 2018 December 18, for her OWP, From which date will be a beginning for 5 years?

Would it be the ban end date in January 2023 or December 2023?

As per the refusal letter- " You are currently inadmissible as per A40(2)(a) as were previously found inadmissible for A40 and 5 Years has not yet passed since that decision"
 

scylla

VIP Member
Jun 8, 2010
95,911
22,161
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
Thanks a lot indeed,
One more issue---
I am a little confused about my wife's ban expiry date...... 1st inadmissible was on 40(1)(a) in 2018 January 16, for her SP application, then a year after on 40(2)(a) in 2018 December 18, for her OWP, From which date will be a beginning for 5 years?

Would it be the ban end date in January 2023 or December 2023?

As per the refusal letter- " You are currently inadmissible as per A40(2)(a) as were previously found inadmissible for A40 and 5 Years has not yet passed since that decision"
Should be the first date but hard to say for sure without seeing the full second letter.
 

zabed_h2

Newbie
Jun 12, 2021
6
0
Should be the first date but hard to say for sure without seeing the full second letter.
As per the Second refusal's GCMS note:-
"PA is applying under C42 to accompanying spouse in Canada who is currently holding a valid SP. PA has a previous SP refusal, which she declared, She was however refused under A40 for misrepresenting information on her study permit and 5 years has not elapsed since that decision. The PA is currently inadmissible as per A40(2)"
 

scylla

VIP Member
Jun 8, 2010
95,911
22,161
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
As per the Second refusal's GCMS note:-
"PA is applying under C42 to accompanying spouse in Canada who is currently holding a valid SP. PA has a previous SP refusal, which she declared, She was however refused under A40 for misrepresenting information on her study permit and 5 years has not elapsed since that decision. The PA is currently inadmissible as per A40(2)"
I don't know. This is only a partial cut out of the GCMS notes. Seeing the full refusal letter for the second refusal should make it clear. Answer is probably the first date but I can't tell you that for sure based on this info.
 

zabed_h2

Newbie
Jun 12, 2021
6
0
2nd refusal (X) is only on -" You are currently inadmissible as per A40(2)(a) as you were previously found inadmissible for A40 and 5 Years has not yet passed since that decision"
To be honest with you I really don't know how to add actual refusal letter with this threat, if you could give me some guidelines on how to add so that I can insert refusal letters here, thanks a lot.
 

Bebe15

Newbie
Mar 24, 2018
5
3
Dear all,
Please help me with my misrepresentation in regards to my adopted daughter.
Me and my wife been nominated By Sinp and work in Canada for 2 years.
We declare our daughter as dependent unfortunately we don't have any supporting document for her adoption.
Here in the Philippines u can register a child to your name if you had the baby since birth. We have all the documents that she was in our name. Unfortunately the cicc send us a later stating that we had a misrepresentation and had a 5 yrs ban.
My question
is there any chance that we can still apply for trp again since we are sinp nominated.

We didn't received any deportation or removal letter but we decide to go back to our country of origin and wait for the ban.
And I received the misrepresentation last 2018,as a primary applicant does it mean that my wife is also ban in entering to Canada.
Thank you and have a blessed day everyone...
 
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