Please Help!! Urgent: Refusal for misrepresentation

[sa1219]

Hi,

I want to apply for Canadian PR under express entry along with my fiancé(she is eligible to apply under FSW and has a CRS score of 450). I am 29years old and has been working continuous full time after my graduation for more than 2 years now in the field of Sales & Marketing. I have done my 3 year graduation in Sales & Marketing. I still have to give my IELTS exam and get the WES report done. I want to know if I am eligible to apply as I got a refusal for Canadian study permit in 2016 under section 40(1) (a) but no ban was mentioned in the refusal letter. I am confused if I have been banned for 5 years or not? Following are my details:

I applied for my Canadian Visitor Visa in Aug 2015 but it got rejected stating that I was unable to provide the documents highlighting my financial status and whether I have sufficient funds for my stay, also I wasn't able to convince the visa officer that I will leave Canada at the end of my stay. Then I applied for a US Visitor Visa in April 2016 along with my elder brother and sister in law( my eldest brother and his wife stays in US) but it also got refused stating that I was not able to demonstrate that my intended activities in the United States would be consistent with the classification of non immigrant Visa. I mentioned the denial of the Canadian Visitor Visa while applying for the US Visitor Visa . In 2016, I got admission at Centennial College, Toronto but got my study permit refused as my consultant forgot to mention the previous refusals in my study permit application. I got an opportunity from the visa officer to explain my situation. I sent him an explanation letter but unfortunately that permit also got refused, stating that I am a member of an inadmissible class of persons under section 40(1)(a), but no ban was mentioned in the letter. It was written that I am welcome to reapply if I feel that I can respond to the concerns and can demonstrate that my new situation meets the requirement. I received my refusal letter on November 28, 2016. I want to know :

• Am I eligible to apply for PR?
• Is there any ban on me, I am confused as it wasn't mentioned in the refusal letter.

What should I do? Should I order GCMS ? Please help..

Thank you,
Best Regards.

 

[scylla]

Hi,

I want to apply for Canadian PR under express entry along with my fiancé(she is eligible to apply under FSW and has a CRS score of 450). I am 29years old and has been working continuous full time after my graduation for more than 2 years now in the field of Sales & Marketing. I have done my 3 year graduation in Sales & Marketing. I still have to give my IELTS exam and get the WES report done. I want to know if I am eligible to apply as I got a refusal for Canadian study permit in 2016 under section 40(1) (a) but no ban was mentioned in the refusal letter. I am confused if I have been banned for 5 years or not? Following are my details:

I applied for my Canadian Visitor Visa in Aug 2015 but it got rejected stating that I was unable to provide the documents highlighting my financial status and whether I have sufficient funds for my stay, also I wasn't able to convince the visa officer that I will leave Canada at the end of my stay. Then I applied for a US Visitor Visa in April 2016 along with my elder brother and sister in law( my eldest brother and his wife stays in US) but it also got refused stating that I was not able to demonstrate that my intended activities in the United States would be consistent with the classification of non immigrant Visa. I mentioned the denial of the Canadian Visitor Visa while applying for the US Visitor Visa . In 2016, I got admission at Centennial College, Toronto but got my study permit refused as my consultant forgot to mention the previous refusals in my study permit application. I got an opportunity from the visa officer to explain my situation. I sent him an explanation letter but unfortunately that permit also got refused, stating that I am a member of an inadmissible class of persons under section 40(1)(a), but no ban was mentioned in the letter. It was written that I am welcome to reapply if I feel that I can respond to the concerns and can demonstrate that my new situation meets the requirement. I received my refusal letter on November 28, 2016. I want to know :

• Am I eligible to apply for PR?
• Is there any ban on me, I am confused as it wasn't mentioned in the refusal letter.

What should I do? Should I order GCMS ? Please help..

Thank you,
Best Regards.

You would need to post your entire refusal letter for us to tell you if you are banned or not. Yes - I would recommend that you order your GCMS notes.

 

[sa1219]

You would need to post your entire refusal letter for us to tell you if you are banned or not. Yes - I would recommend that you order your GCMS notes.

Hi,
Thank you so much for your reply. Following is my refusal letter. As you can see, the Section 40(1) (a) has been marked as the reason for the refusal, and no ban has been mentioned. So, I am confused if I have been banned or not? I have got mixed opinions from Immigration consultants and Lawyers. Few of them said as no ban has been mentioned so its okay for me to apply for my PR. Whereas few of them said that I have been banned for 5 years and cannot apply until November 28th 2021.



Date : November 28, 2016

Thank you for your interest in studying in Canada. After a careful review of your study permit 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 :

· Whether the person has been accepted to study at a Canadian educational institution;

· The information in the travel and identity documents;

· The person’s ability to pay for the trip, to pay tuition fees 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.



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 your 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.



x 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 misrepresentation:

x 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.


Thank you,
Best Regards.

 

[DreamCanadian]

Hi,
Thank you so much for your reply. Following is my refusal letter. As you can see, the Section 40(1) (a) has been marked as the reason for the refusal, and no ban has been mentioned. So, I am confused if I have been banned or not? I have got mixed opinions from Immigration consultants and Lawyers. Few of them said as no ban has been mentioned so its okay for me to apply for my PR. Whereas few of them said that I have been banned for 5 years and cannot apply until November 28th 2021.



Date : November 28, 2016

Thank you for your interest in studying in Canada. After a careful review of your study permit 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 :

· Whether the person has been accepted to study at a Canadian educational institution;

· The information in the travel and identity documents;

· The person’s ability to pay for the trip, to pay tuition fees 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.



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 your 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.



x 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 misrepresentation:

x 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.


Thank you,
Best Regards.

can you tell what was the issue and why they calling it as misrepresentation?

 

[sa1219]

can you tell what was the issue and why they calling it as misrepresentation?

Hi,

I applied for my Canadian Visitor Visa in Aug 2015 but it got rejected stating that I was unable to provide the documents highlighting my financial status and whether I have sufficient funds for my stay, also I wasn't able to convince the visa officer that I will leave Canada at the end of my stay. Then I applied for a US Visitor Visa in April 2016 along with my elder brother and sister in law( my eldest brother and his wife stays in US) but it also got refused stating that I was not able to demonstrate that my intended activities in the United States would be consistent with the classification of non immigrant Visa. I mentioned the denial of the Canadian Visitor Visa while applying for the US Visitor Visa . In 2016, I got admission at Centennial College, Toronto but got my study permit refused as my consultant forgot to mention the previous refusals in my study permit application. I got an opportunity from the visa officer to explain my situation. I sent him an explanation letter but unfortunately that permit also got refused, stating that I am a member of an inadmissible class of persons under 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.

Do you know if I have been banned or not?

Thank you,
Best Regards.

 

[DreamCanadian]

Hi,

I applied for my Canadian Visitor Visa in Aug 2015 but it got rejected stating that I was unable to provide the documents highlighting my financial status and whether I have sufficient funds for my stay, also I wasn't able to convince the visa officer that I will leave Canada at the end of my stay. Then I applied for a US Visitor Visa in April 2016 along with my elder brother and sister in law( my eldest brother and his wife stays in US) but it also got refused stating that I was not able to demonstrate that my intended activities in the United States would be consistent with the classification of non immigrant Visa. I mentioned the denial of the Canadian Visitor Visa while applying for the US Visitor Visa . In 2016, I got admission at Centennial College, Toronto but got my study permit refused as my consultant forgot to mention the previous refusals in my study permit application. I got an opportunity from the visa officer to explain my situation. I sent him an explanation letter but unfortunately that permit also got refused, stating that I am a member of an inadmissible class of persons under 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.

Do you know if I have been banned or not?

Thank you,
Best Regards.

it seems that you in 5 year bar, can you check with some immigrant specialist the other possible options you have currently.

 

[scylla]

Hi,

I applied for my Canadian Visitor Visa in Aug 2015 but it got rejected stating that I was unable to provide the documents highlighting my financial status and whether I have sufficient funds for my stay, also I wasn't able to convince the visa officer that I will leave Canada at the end of my stay. Then I applied for a US Visitor Visa in April 2016 along with my elder brother and sister in law( my eldest brother and his wife stays in US) but it also got refused stating that I was not able to demonstrate that my intended activities in the United States would be consistent with the classification of non immigrant Visa. I mentioned the denial of the Canadian Visitor Visa while applying for the US Visitor Visa . In 2016, I got admission at Centennial College, Toronto but got my study permit refused as my consultant forgot to mention the previous refusals in my study permit application. I got an opportunity from the visa officer to explain my situation. I sent him an explanation letter but unfortunately that permit also got refused, stating that I am a member of an inadmissible class of persons under 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.

Do you know if I have been banned or not?

Thank you,
Best Regards.

You are banned from Canada for 5 years from the date your study permit was refused. So if your study permit refusal was in 2016 - you need to forget about applying to come to Canada until sometime in 2021. This ban extends to applying for PR through express entry or any other immigration program. You won't qualify to apply for PR until the five years have passed.

 

[femi10]

Dear Scylla,

My brother had the same issue answering NO when asked if he has been denied a visa by another country, however, a week after his application, he sent a mail notifing them of the error he committed and provided details of his previous denial by US Embassy.

He still got a letter requesting he explains why he lied on his application of which he responded that he spotted the error and has sent a mail to correct same.

He was still rejected, on the ground of misrepresentation.

Below is the message sent to him. is this a 5 years or two years ban?

Please advise.


x 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.


Please do you think its a ban for 5 years or two years.

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.

Hi,
Thank you so much for your reply. Following is my refusal letter. As you can see, the Section 40(1) (a) has been marked as the reason for the refusal, and no ban has been mentioned. So, I am confused if I have been banned or not? I have got mixed opinions from Immigration consultants and Lawyers. Few of them said as no ban has been mentioned so its okay for me to apply for my PR. Whereas few of them said that I have been banned for 5 years and cannot apply until November 28th 2021.



Date : November 28, 2016

Thank you for your interest in studying in Canada. After a careful review of your study permit 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 :

· Whether the person has been accepted to study at a Canadian educational institution;

· The information in the travel and identity documents;

· The person’s ability to pay for the trip, to pay tuition fees 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.



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 your 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.



x 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 misrepresentation:

x 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.


Thank you,
Best Regards.

You are banned from Canada for 5 years from the date your study permit was refused. So if your study permit refusal was in 2016 - you need to forget about applying to come to Canada until sometime in 2021. This ban extends to applying for PR through express entry or any other immigration program. You won't qualify to apply for PR until the five years have passed.