Need help/assistance

[Nights@54]

Hello People

I am mentioning my detailed story down here, kindly suggest me a way out

I met a girl (now my wife) through her mother who came for shopping purposes at my shop in the year 2014. Started talking to her daughter through whatsapp. She sponsored me for the TRV in the year 2015 and after two momths I wrote a letter asking about the status of my file. The embassy issued me a letter asking for clarification for the missin info about the refusal of the Germany visa which my travel agent missed to mention in the forms. I pleaded guilty and the refusal came from the embassy stating that they are not satisfied that I will leave the country after the said time and also I belong to the inadmissible class. So, they are refusing my Visa file.
The same year I met that girl in Dubai and got engaged to her in a private ceremony. She (11 years my senior) came from Canada to Dubai alongwith her kids from her first marriage and I went from india and then next year 2016, I applied again now my fiance being my sponsor after a gap of 11 months from first visa and was refused again stating that I was inadmissible for two years from my prior refusal. In 2016, me and my fiance got married in the United States and we again applied for a TRV, she being the sponsot and the result was same that I was inadmissible for 2 years from my prior refusal.
That same year we applied for the family sponsorship visa for me and waited for the result and I visited my family again and rhey all came from Canada to USA.
Next year I applied again for the TRV after the said period of inadmissibility was over and there again was a refusal stating that my Visa is refused on the basis of other reasons which normally includes
Family ties
Economic ties
Financial ties

The same year my wife and kids came to visit me and my parents and after they left, I was called for an interview for the spousal sponsorship visa and in the interview I was refused again stating that the marriage is not genuine and is done just to get an entry in Canada and moreover the inadmissibility ban is of 5 years.

I have ordered the GCMS notes and they too state that this marriage is not genuine and the ban is of 5 years.
It's like 8 months now from the interview results. I still am in doubt how to take measures.
All I know is that this marriage is genuine and not just done to enter Canada. Moreover one thing that's strange is when I have got first three refusals stating that I was inadmissible and in the fourth refusal I was not even put under the inadmissible class then why the interviewer said I m banned from entering canada for 5 years.

Please help me in this regard.
I m seriously struggling.

Regards

 

[scylla]

You should post the refusal letter from your spousal sponsorship application. It sounds like you were given a misrepresentation ban of 5 years (did you fail to mention all of your previous refusals?). If you were given a misrepresentation ban last year, you need to forget about applying to Canada again until sometime in 2022.

 

[Nights@54]

You should post the refusal letter from your spousal sponsorship application. It sounds like you were given a misrepresentation ban of 5 years (did you fail to mention all of your previous refusals?). If you were given a misrepresentation ban last year, you need to forget about applying to Canada again until sometime in 2022.

Well I was told in the interview that my ban is of 5 years instead of 2 years and when I said thats its of 2 years, the interviewer asked me to show the proof and then I showed the refusal in which it was stated that the inadmissibility period is of 2 years and when i ordered the GCMS notes later on then i was amazed to see the response of the interviewer. In that she clearly mentioned that the ban is of 5 years and when asked the applicant about the proof, he told I dont have no documents to show. I don't know why she lied in the GCMS notes.
(All previous refusals- She never asked me about those and i was not allowed to speak anything but just the answer to her questions)
I dont know how to attach the letter here. Is there any other way except given here to attach the letter

Thanks

 

[Nights@54]

Well I was told in the interview that my ban is of 5 years instead of 2 years and when I said thats its of 2 years, the interviewer asked me to show the proof and then I showed the refusal in which it was stated that the inadmissibility period is of 2 years and when i ordered the GCMS notes later on then i was amazed to see the response of the interviewer. In that she clearly mentioned that the ban is of 5 years and when asked the applicant about the proof, he told I dont have no documents to show. I don't know why she lied in the GCMS notes.
(All previous refusals- She never asked me about those and i was not allowed to speak anything but just the answer to her questions)
I dont know how to attach the letter here. Is there any other way except given here to attach the letter

Thanks

 

[scylla]

You'll need to copy and paste or write out the text of the refusal letter. We can't see the image.

The misrepresentation ban increased from 2 years to 5 years in 2015. So it sounds like you were probably refused after the increase and are therefore inadmissible until sometime in 2020.

When exactly were you refused in 2015?

 

[Nights@54]

You'll need to copy and paste or write out the text of the refusal letter. We can't see the image.

The misrepresentation ban increased from 2 years to 5 years in 2015. So it sounds like you were probably refused after the increase and are therefore inadmissible until sometime in 2020.

When exactly were you refused in 2015?

Please find below the extracts from the letter

Dear NITESH MITTAL:

I have now completed the assessment of your application for a permanent resident visa as a member of the family class, the class in which you applied. I have determined that you do not meet the requirements for immigration to Canada.


Subsection 12(1) of the Immigration and Refugee Protection Act states a foreign national may be selected as a member of the family class on the basis of their relationship as the spouse, common-law partner, child, parent or other prescribed family member of a Canadian citizen or permanent resident.


Paragraph 117(1)(a) of the Immigration and Refugee Protection Regulations states that a foreign national is a member of the family class if, with respect to a sponsor, the foreign national is the sponsor's spouse, common-law partner or conjugal partner.


Subsection 4(1) of the Immigration and Refugee Protection Regulations states that for the purposes of these Regulations, a foreign national shall not be considered a spouse, a common-law partner or a conjugal partner of a person if the marriage, common-law partnership or conjugal partnership

(a) was entered into primarily for the purpose of acquiring any status or privilege under the Act; or

(b) is not genuine.


Based on information available to me, including your application, the supporting documentation, and the information you provided at interview, I am not satisfied that your marriage to your sponsor is genuine or that it was not entered into primarily for the purpose of acquiring permanent residence in Canada. As a result, for the purpose of the regulations, you are not considered to be a member of the family class.


Subsection 11(1) of the Immigration and Refugee Protection Act provides that a foreign national must, before entering Canada, apply to an officer for a visa or for any other document required by the regulations. The visa or document may be issued if, following an examination, the officer is satisfied that the foreign national is not inadmissible and meets the requirements of this Act. For the reasons set out above, I am not satisfied that you are not inadmissible and that you meet the requirements of the Act. I am therefore refusing your application.


I am sending a letter to your sponsor notifying him/her of the appeal provisions of the Immigration and Refugee Protection Act.


The above is the reply and please note one thing, the fourth visa application was filed after the initial 2 year ban and in the response, there was no refusal on the basis of inadmissibility, the only reason marked was
THE OTHER REASONS WHICH CONSISTED OF
FAMILY TIES
ECONOMIC TIES
FINANCIAL TIES

In the refusal letter for the fourth time, i was not even marked as a member of inadmissible class. I will add the text frrom the fourth reply if you want.

I was refused in June 2015 for my first TRV.

Thanks

 

[Nights@54]

Hello People

I have a question which is bothering me

In my first refusal of the TRV, I was deemed under the category of inadmissible people which doesnt state that I have been banned for two or five years. (Year:- 2015/ June)

In my second refusal of the TRV, I was kept under the same class and was confirmed that my inadmissiblity ban is of two years from the prior refusal. (Year:- 2016/ April)

The third refusal was the same as second. (Year:- 2016/ July)

The fouth refusal was after the ban was lifted as per the timeline and it stated I was not valid on the basis of Economic Ties, Family Ties and Financial Ties. (Year:- 2017/ June)

I recently checked the website cic.gc.ca and got to know that the inadmissibility period due to mis representation was of two years till the end of 2014 and was increased to five years at the start of 2015.

I was informed about the ban of five years at the interview conducted by the Embassy for my Spousal sponsorship held in August, 2017 ( I have shown the letter to the interviewer which clearly showed that the ban is of 2 years) which was again a refusal on the basis that my marriage to my wife is not genuine and was done just to gain an entry in Canada and also that my ban is of 5 years.

So my question here is:

Could the interviewer increase the time period of a ban. Is it valid ? ( I've got the GCMS notes too and the interviewer never mentioned in that the applicant showed her the refusal letter stating his two year ban)

If by any means the ban is of five years now, Could I apply for a TRP just to be with my family ?

Please help.

Thanks

 

[Jhenny0622]

Is it possible to sponsor a conjugal partner even u are just legally separated to ur wife.? Or need to file a divorce in canada to sponsor a partner.?

 

[armoured]

Is it possible to sponsor a conjugal partner even u are just legally separated to ur wife.? Or need to file a divorce in canada to sponsor a partner.?

I believe it is possible. Expect more scrutiny of the application, however - possibly a lot. Will need some explanation of why not divorced and proof of separation (and this may be difficult) - or better, actually get divorced.

Note, conjugal applications already get quite a lot of scrutiny - needing to demonstrate both why the couple can't get married and can't create a common law relationship by residing together. Adding more issues/red flags may not be a good idea.