My parents visitor visa rejected due to misrepresentation which is not known

[singh83]

helloo

Can i have a option to apply visa for my parents from any other country???i have heard like u can apply but hv no idea abt the same.

 

[Bryanna]

helloo

Can i have a option to apply visa for my parents from any other country???i have heard like u can apply but hv no idea abt the same.

No, this is not possible because the details about your parents, their TRV refusals and the 5-years ban are on the CIC database.

Do apply for GCMS notes to understand why they have been banned.... you'll to wait for 5 years before your parents can apply for any type of Canadian visas

 

[singh83]

is there anything that if the form is wrongly filled somewhere , they give us a refusal saying misrepresented???

can this also b a reason.

cos v r not aware of it so m asking

 

[dr_jaat]

Hi!
I need a help in understanding the rejection cause for my parents visa, inspite of providing all the correct documents n information. Also they both are having a strong travel history and recently they also have got US visa.

the reason mention is On misrepresentation: Section 40(1)(a) and Section 40(2)(a): You are still inadmissible to Canada as a period of five years
has not passed since your prior refusal.

Please can anyone help me on this....i really wanted to know on what grounds have the rejected the application, can i re-apply again???

there has been to false info or docs provided.

Also i didnt recieve any Procedural Fairness letter,nor they have been denied visa in any of the countries they have visited or anything saying that my parents cant apply for visitors visa till 5yrs from now.

the refusal letter we recievd is as follows

Dear
Thank you for your interest in visiting Canada. After a careful review of your temporary resident visa application
and supporting documentation, I have determined that your application does not meet the requirements of the
Immigration and Refugee Protection Act and Regulations. I am refusing your application.
In making a decision on an application, a number of factors are considered. These may include but are not
limited to:
• the information in the travel and identity documents;
• the reason for the travel to Canada;
• the person’s contacts in Canada;
• the person’s ties to his or her country of residence (including immigration status, employment and family
ties);
• the person’s ability to pay for the trip and to support himself or herself while in Canada;
• whether the person is likely to respect the conditions of his or her admission to Canada;
• whether the person is inadmissible to Canada; and
• whether the person would be likely to leave Canada at the end of his/her authorized stay.
To help you understand my decision, the reason(s) are provided on the following pages.
You are welcome to reapply if you feel that you can respond to these concerns and can demonstrate that your
situation meets the requirements. All new applications must be accompanied by a new processing fee.
Sincerely,
IMM 5621 (07-2015) E GCMS (DISPONIBLE EN FRANÇAIS - IMM 5621 F)
Citoyenneté et
Immigration Canada
Citizenship and
Immigration Canada
UCI:
Date:
Application no.:
IMM 5621 (07-2015) E GCMS
Citoyenneté et
Immigration Canada
Citizenship and
Immigration Canada
(DISPONIBLE EN FRANÇAIS - IMM 5621 F)
Subsection 11(1) of the Immigration and Refugee Protection Act (IRPA) provides that any person wishing to
become a temporary resident of Canada must satisfy an officer that he or she is not inadmissible to Canada and
that she or he meets the requirements of the Act.
Following an examination of your application, I am not satisfied that you application meets the requirements of
the Act and the Regulations for the reasons explained below. Please note that only the grounds that are checked
off apply to the refusal of your application.
You have not satisfied me that you would leave Canada at the end of your stay as a temporary
resident. In reaching this decision, I considered several factors, including:
travel history
immigration status in country of residence
Family ties in Canada and in country of residence
Length of proposed stay in Canada
Purpose of visit
Employment prospects in country of residence
Current employment situation
Personal assets and financial status
Having a legitimate business purpose in Canada
any history of contravening the conditions of admission on a previous stay in Canada.
I am not satisfied that you have sufficient funds, including income or assets, to carry out your stated
purpose in going to Canada or to maintain yourself while in Canada and to effect your departure.
You have not provided sufficient documentation to support your / your host's income and assets.
You have made an application for a temporary resident visa in the transit visitor category. As you are
planning to remain in Canada longer than 48 hours, you do not meet the requirements of this
category. You must make an application for a temporary resident visa in the visitor category and pay
the associated cost recovery fees.
You have submitted documentation which lacks authenticity as part of your application. This has
diminished the overall credibility of your submission.
You have not complied with our request for information, as per section 16(1) of the Immigration and
Refugee Protection Act. To date, you have failed to comply with our request for:
Completion of a medical examination
An interview
The following documents: List the documents
I am not satisfied that you have answered all questions truthfully, as required by subsection 16(1) of
the Act. Specifically, I am not satisfied that the following information is truthful:
IMM 5621 (07-2015) E GCMS
Other reasons:
(DISPONIBLE EN FRANÇAIS - IMM 5621 F)
IMM 5621 (07-2015) E GCMS
You are a member of an inadmissible class of persons described in the Immigration and Refugee
Protection Act. As a result, you are inadmissible to Canada pursuant to the following Section(s):
On security grounds for:
Section 34(1)(a): Engaging in an act of espionage or subversion against a democratic government,
institution or process as they are understood in Canada;
Section 34(1)(b): Engaging in or instigating the subversion by force of any government;
Section 34(1)(c): Engaging in terrorism;
Section 34(1)(d): Being a danger to the security of Canada;
Section 34(1)(e): Engaging in acts of violence that would or might endanger the lives or safety of
persons in Canada;
Section 34(1)(f): Being a member of an organization that there are reasonable grounds to believe
engages or will engage in acts referred to in paragraph (a), (b) or (c).
On grounds of violating human or international rights for:
Section 35(1)(a): Committing an act outside Canada that constitutes an offence referred to in sections 4
to 7 of the Crimes Against Humanity and War Crimes Act;
Section 35(1)(b): Being a prescribed senior official in the service of a government that, in the opinion of
the Minister, engages or has engaged in terrorism, systematic or gross human rights violations, or
genocide, a war crime or a crime against humanity within the meaning of subsections 6(3) to (5) of the
Crimes Against Humanity and War Crimes Act;
Section 35(1)(c): Being a person, other than a permanent resident, whose entry into or stay in Canada
is restricted pursuant to a decision, resolution or measure of an international organization of states or
association of states, of which Canada is a member, that imposes sanctions on country against which
Canada has imposed or has agreed to impose sanctions in concert with that organization or
association.
On grounds of serious criminality for:
Section 36(1)(a): Having been convicted in Canada of an offence under an Act of Parliament punishable
by a maximum term of imprisonment of at least 10 years, or of an offence under an Act of Parliament for
which a term of imprisonment of more that six months has been imposed;
Section 36(1)(b): Having been convicted of an offence outside Canada that, if committed in Canada,
would constitute an offence under an Act of Parliament punishable by a maximum term of imprisonment
of at least 10 years;
Section 36(1)(c): Committing an act outside Canada that is an offence in the place where it was
committed and that, if committed in Canada, would constitute an offence under an Act of Parliament
punishable by a maximum term of imprisonment of at least 10 years.
(DISPONIBLE EN FRANÇAIS - IMM 5621 F)
Section 36(2)(a): Having been convicted in Canada of an offence under an Act of Parliament punishable by
way of indictment, or of two offences under any Act of Parliament not arising out of a single occurrence;
Section 36(2)(b): Having been convicted outside Canada of an offence that, if committed in Canada, would
constitute an indictable offence under an Act of Parliament, or of two offences not arising out of a single
occurrence that, if committed in Canada, would constitute offences under an Act of Parliament;
Section 36(2)(c): Committing an act outside Canada that is an offence in the place where it was committed
and that, if committed in Canada, would constitute an indictable offence under an Act of Parliament;
Section 36(2)(d): Committing, on entering Canada, an offence under an Act of Parliament prescribed by
regulations.
On grounds of criminality for:
IMM 5621 (07-2015) E GCMS
On grounds of organized criminality for:
Section 37(1)(a): Being a member of an organization that is believed on reasonable grounds to be or
to have been engaged in activity that is part of a pattern of criminal activity planned and organized by a
number of persons acting in concert in furtherance of the commission of an offence punishable under
an Act of Parliament by way of indictment, or in furtherance of the commission of an offence outside
Canada that, if committed in Canada, would constitute such an offence, or engaging in activity that is
part of such a pattern;
Section 37(1)(b): Engaging, in the context of transnational crime, in activities such as people
smuggling, trafficking in persons or money laundering.
On health grounds as your health condition:
Section 38(1): Is likely to be a danger to public health or to public safety, or might reasonably be
expected to cause excessive demand on health or social services.
For financial reasons:
Section 39: You are or will be unable or unwilling to support yourself or any other person who is
dependent on you, and have not satisfied an officer that adequate arrangements for care and support,
other that those that involve social assistance, have been made.
On misrepresentation:
Section 40(1)(a): 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;
Section 40(1)(a) and Section 40(2)(a): You are still inadmissible to Canada as a period of two years
has not passed since your prior refusal.
Section 40(1)(a) and Section 40(2)(a): You are still inadmissible to Canada as a period of five years
has not passed since your prior refusal.
(DISPONIBLE EN FRANÇAIS - IMM 5621 F)

Can anyone please let me know as to what next , can we reapply, whts the exact reason of misrepresentation???

You have made an application for a temporary resident visa in the transit visitor category. As you are
planning to remain in Canada longer than 48 hours, you do not meet the requirements of this
category. You must make an application for a temporary resident visa in the visitor category and pay
the associated cost recovery fees.
You have submitted documentation which lacks authenticity as part of your application. This has
diminished the overall credibility of your submission.
You have not complied with our request for information, as per section 16(1) of the Immigration and
Refugee Protection Act. To date, you have failed to comply with our request for:
Completion of a medical examination

Could be the reason.

It's complicated, I hope you will figure out a way.

 

[Bryanna]

is there anything that if the form is wrongly filled somewhere , they give us a refusal saying misrepresented???

Yes, this is possible. In the case of your parents, they did not get Procedural Fairness letters.... GCMS notes will explain why.

It is the responsibility of the applicant/authorized representative to verify the details stated in the TRV form before signing it. So CIC will not accept that some details were incorrect

 

[singh83]

We have no idea abt wht went wrong. But even if the form was not filled properly , imposing a ban dosent make sense, cos there is not criminal records, neither any DUI is there not a prior refusal of visa for any other country. they have a very strong travel history. 2-3months back they have got their US visa for 10yrs.

if they think the info is not correct or more detailed documents are needed they shld have mentioned it in the letter or requested the documents n asked to reapply.

I think they shld have given a fair chance for us to reapply. banning is a wrong thing when we dont even knw the reason for it.

I will be taking the GCMS now

 

[Andre_Smol]

We have no idea abt wht went wrong. But even if the form was not filled properly , imposing a ban dosent make sense, cos there is not criminal records, neither any DUI is there not a prior refusal of visa for any other country. they have a very strong travel history. 2-3months back they have got their US visa for 10yrs.

if they think the info is not correct or more detailed documents are needed they shld have mentioned it in the letter or requested the documents n asked to reapply.

I think they shld have given a fair chance for us to reapply. banning is a wrong thing when we dont even knw the reason for it.

I will be taking the GCMS now

I think GCMS is your only realistic option.

Keep us updated and once you get the notes you will know what happened and why they have a ban.

 

[nope]

There are many things that people can forget about. For example, one time I was refused entry to Belgium, at the border -- I had already been in the Schengen travel area for my allotted limit. This is the same as refusal of a visa (a visa on arrival), and when I applied for PR, I had to remember it and put it down. Have you actually seen your parent's visa applications? I would go through them with a fine-toothed comb, though even if you find a mistake, I suspect it's doubtful that it could be rectified now.

- are you absolutely positive that they got their visa for the US on the first try, and didn't have to reapply?
- is their personal data correct? Remember, CIC will have data on them from your own application.
- is their travel history correct?
- do either of them work for the government?

I'm curious too, what might have happened.

 

[two.wheeled@hotmail.com]

You have made an application for a temporary resident visa in the transit visitor category. As you are
planning to remain in Canada longer than 48 hours, you do not meet the requirements of this
category. You must make an application for a temporary resident visa in the visitor category and pay
the associated cost recovery fees.
You have submitted documentation which lacks authenticity as part of your application. This has
diminished the overall credibility of your submission.
You have not complied with our request for information, as per section 16(1) of the Immigration and
Refugee Protection Act. To date, you have failed to comply with our request for:
Completion of a medical examination

Could be the reason.

It's complicated, I hope you will figure out a way.

that looks like the reason right there, you applied for the wrong type of visa and you didn't submit the medical exam.

 

[bellaluna]

that looks like the reason right there, you applied for the wrong type of visa and you didn't submit the medical exam.

I think OP just copied and pasted the entire content of the refusal letter, which includes all the possible rejection reasons and it is up to the officer to check the correct one. They indicated in the original post that the 5-year ban due to misrepresentation reason was the one that was checked.

 

[Gurpreetji2000]

So what happened, just curious to know?

 

[Firdaus20]

Hello Guys, my father PR application got rejected in 2015 for misrepresentation of facts. My father did a refugee claim in Canada in 1991, and was deported in 1997. We did not mention all this history along with the fact that he was in police service in Punjab, We did not disclose all this info when we applied for PR through my sister in 2009, it was our consultant's mistake as she said it would make the process faster. My father was put under ban of 5 years and that is finishing in a month or two. We did a Federal appeal but the motion was dismissed. Me and my mother was dependent. My mother got a visa 2 years back, she has 10 yrs visa. But now I want to know about my father future, How to proceed further. ? Can I reopen the previous file or what is the best way to proceed further, Guys please help, I want to do something for my father ?

 

[Copingwithlife]

Hello Guys, my father PR application got rejected in 2015 for misrepresentation of facts. My father did a refugee claim in Canada in 1991, and was deported in 1997. We did not mention all this history along with the fact that he was in police service in Punjab, We did not disclose all this info when we applied for PR through my sister in 2009, it was our consultant's mistake as she said it would make the process faster. My father was put under ban of 5 years and that is finishing in a month or two. We did a Federal appeal but the motion was dismissed. Me and my mother was dependent. My mother got a visa 2 years back, she has 10 yrs visa. But now I want to know about my father future, How to proceed further. ? Can I reopen the previous file or what is the best way to proceed further, Guys please help, I want to do something for my father ?

You apply from scratch
And it’s the applicants responsibility to ensure everything is accurate in the application, useless to blame the consultant
Federal appeal is useless when the VO applied the law correctly
Applicant withheld information/misrepresentation = ban
And if you’re going to apply again, don’t withhold the facts

 

[canuck78]

Hello Guys, my father PR application got rejected in 2015 for misrepresentation of facts. My father did a refugee claim in Canada in 1991, and was deported in 1997. We did not mention all this history along with the fact that he was in police service in Punjab, We did not disclose all this info when we applied for PR through my sister in 2009, it was our consultant's mistake as she said it would make the process faster. My father was put under ban of 5 years and that is finishing in a month or two. We did a Federal appeal but the motion was dismissed. Me and my mother was dependent. My mother got a visa 2 years back, she has 10 yrs visa. But now I want to know about my father future, How to proceed further. ? Can I reopen the previous file or what is the best way to proceed further, Guys please help, I want to do something for my father ?

Expect that any form of visa will be very difficult to get between the refugee claim and PGP application your father has indicated he wants to remain in Canada. Would assume your mother only got the visa because your father was in your home country.

 

[canuck_in_uk]

Hello Guys, my father PR application got rejected in 2015 for misrepresentation of facts. My father did a refugee claim in Canada in 1991, and was deported in 1997. We did not mention all this history along with the fact that he was in police service in Punjab, We did not disclose all this info when we applied for PR through my sister in 2009, it was our consultant's mistake as she said it would make the process faster. My father was put under ban of 5 years and that is finishing in a month or two. We did a Federal appeal but the motion was dismissed. Me and my mother was dependent. My mother got a visa 2 years back, she has 10 yrs visa. But now I want to know about my father future, How to proceed further. ? Can I reopen the previous file or what is the best way to proceed further, Guys please help, I want to do something for my father ?

Brand new app with everything actually declared. Parent sponsorship is a LOT harder now and the program is currently closed, so it could be a long time.

If you are 22 or older now, you are no longer a dependent and can't be included.