Overcoming Inadmissibility

[gehtrew]

Hi
I do have two questions.
(1) I was told that I can overcome being Inadmissible to Canada and not have to go through the 5 years waiting period by an immigration attorney. Is that possible?
(2) I was given 30 days to reply.Is the weekend count as a day also.

Any help will be appreciated
Thank You.

 

[scylla]

1) Impossible to comment without full details about your case and why you are inadmissible.
2) Yes.

 

[gehtrew]

1) Impossible to comment without full details about your case and why you are inadmissible.
2) Yes.

Hi Scylla thanks for your response,I had a fine to pay that was never been paid for driving with a suspended license in the U.S.A. back in 1999.

 

[Jhonaaq]

inadmissible can apply again and prove the reasons to overcome their issue with more details?officers may consider so positively if is not a crime but misrepresentation can be overcome by showing and supporting reasons befind so and npt done on purpose

 

[Buletruck]

Good job replying to the 8 year old post.

 

[Jhonaaq]

So if inadmissible a êrson can apply and justify why misrepresentation is found ,every ircc officer has ways to consider so .am i right ?

 

[scylla]

So if inadmissible a êrson can apply and justify why misrepresentation is found ,every ircc officer has ways to consider so .am i right ?

We would need more information on why the person is inadmissible.

If the person has a five year misrepresentation ban, for example, then a justification is useless. IRCC will not consider the application until after the misrepresentation ban has ended.

If the person is inadmissible for criminal record reasons, then the answer would depend on whether they may be deemed inadmissible or not.

 

[Jhonaaq]

I agree with you but my advice is if found inadmissible due to misrepresenation ,the person can apply by proving this occured without intention and so on not without waiting for 5 years ,for crime and health the situation is somehow hard .

 

[scylla]

I agree with you but my advice is if found inadmissible due to misrepresenation ,the person can apply by proving this occured without intention and so on not without waiting for 5 years ,for crime and health the situation is somehow hard .

I personally have never seen anyone here do that. But you are of course free to try. I would recommend you use an immigration lawyer if you want to try this. Based on everything I've seen, it's an automatic refusal if the ban hasn't ended.

 

[Jhonaaq]

I have seen cases whoes applications were refused for misrepresenation but they apply in less than 3 months with strong arguments then they get their visa.specifically thoese who feel that the officers did not process their applications fairly however there cases that are hard .
So i want just to say any once can apply if he/she feels the application decision is not fair .many ircc are not competent .

 

[scylla]

I have seen cases whoes applications were refused for misrepresenation but they apply in less than 3 months with strong arguments then they get their visa.specifically thoese who feel that the officers did not process their applications fairly however there cases that are hard .
So i want just to say any once can apply if he/she feels the application decision is not fair .many ircc are not competent .

There must be more to these stories.

You can be refused for misrepresentation but not given a misrepresentation ban. If you are simply refused for misrepresentation (no ban), then you can certainly reapply immediately.

If you are given a misrepresentation ban of 5 years, then you need to get the ban lifted before you can successfully reapply. This is really only feasible with the help of a lawyer and the chances of success are extremely low.

Anyway, you are free to do what you want based on the research you have done.

 

[Jhonaaq]

In the letter refused they mention i can apply if iam able to demonstrate new resons behind that so i applied again with a new application and i showed strong reasons that misreprentation is decided unfairly and wrongly .so still 14 weeks without a reply from ircc for my new application.
I think they consider my arguments this is why i have not heard from them yet.if the ban still the my application will be refused so i think they are processing my application wth deleting the misreprentation issue.your thoughts?

 

[scylla]

In the letter refused they mention i can apply if iam able to demonstrate new resons behind that so i applied again with a new application and i showed strong reasons that misreprentation is decided unfairly and wrongly .so still 14 weeks without a reply from ircc for my new application.
I think they consider my arguments this is why i have not heard from them yet.if the ban still the my application will be refused so i think they are processing my application wth deleting the misreprentation issue.your thoughts?

Does your refusal letter specifically state that you have been given the 5 year ban? Or does it just mention misrepresentation? If it just mentions misrepresentation but does not specifically state that you have been given a 5 year ban, then you don't have a ban and it's fine to reapply.

If the refusal letter specifically states that you have a 5 year ban, then you cannot reapply until the 5 year ban has passed. The language in the letter indicating that you can reapply is standard and is applied to all letters. However in situations where a 5 year ban has been formally given, it's not actually possible to reapply (regardless of what the letter says).

Anyway, they key question is whether you were formally given the 5 year ban. If you're not sure, post your full refusal letter here removing any personal information such as your name.

 

[Jhonaaq]

Here is aht i received but they noted at the end i have the right apply by new arguments:
Thank you for your interest in working in Canada. After careful review of your work permit application and supporting documentation under the Temporary Foreign Worker Program, I have determined that your application does not meet the requirements of the Immigration and Refugee Protection Act (IRPA) and Immigration and Refugee Protection Regulations (IRPR). I am refusing your application on the following grounds: • You have been found inadmissible to Canada in accordance with paragraph 40(1)(a) of the Immigration and Refugee Protection Act (IRPA) 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 the IRPA. In accordance with paragraph A40(2)(a), you will remain inadmissible to Canada for a period of five years from the date of this letter or from the date a previous removal order was enforced.
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 .

 

[scylla]

Here is aht i received but they noted at the end i have the right apply by new arguments:
Thank you for your interest in working in Canada. After careful review of your work permit application and supporting documentation under the Temporary Foreign Worker Program, I have determined that your application does not meet the requirements of the Immigration and Refugee Protection Act (IRPA) and Immigration and Refugee Protection Regulations (IRPR). I am refusing your application on the following grounds: • You have been found inadmissible to Canada in accordance with paragraph 40(1)(a) of the Immigration and Refugee Protection Act (IRPA) 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 the IRPA. In accordance with paragraph A40(2)(a), you will remain inadmissible to Canada for a period of five years from the date of this letter or from the date a previous removal order was enforced.
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 .

Ah - that's too bad. In that case you were in fact given a 5 year ban.

The last two sentences are included in all of the refusal letters but unfortunately do not apply to your situation since you received a 5 year ban. IRCC will not consider a new application until the five years have passed. You should be expecting a refusal if you have reapplied.