Refusal misrepresented 40(1)a
- Thread starter Parm1
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Refusal under Section 40 (1)(a) means your wife is inadmissible due to misrepresentation. She has received a ban for 5-years from entering Canada.Parm1 said:Hi everyone. My wife applied visitor visa two years ago and she got refusal under section 40(1)a. Is there anyone have any experience with this refusal and how to solve this? What I have to do for reapply.
There's no point in applying for any visa until the 5 years lapses.... until then any visa that she applies for will be refused
It's actually not necessarily 5 years. It could be 2 years. The increase to 5 years happened relatively recently. The date of the misrepresentation finding is critical to determining the length of the misrepresentation ban. I believe that change was introduced sometime in 2015.Bryanna said:Refusal under Section 40 (1)(a) means your wife is inadmissible due to misrepresentation. She has received a ban for 5-years from entering Canada.
There's no point in applying for any visa until the 5 years lapses.... until then any visa that she applies for will be refused
That's correct.scylla said:It's actually not necessarily 5 years. It could be 2 years. The increase to 5 years happened relatively recently. The date of the misrepresentation finding is critical to determining the length of the misrepresentation ban. I believe that change was introduced sometime in 2015.
The 5-years' ban for misrepresentation came into effect in 2015.... August 2015 (based on IRCC's backgrounders). The OP's wife applied the same year.
Hence, it's important to know which month she was refused. That would make the difference between a 2-years and a 5-years ban
There is nothing any banned dates are mention on refusal letter. It was happened in June 2015. Now I applied for PR for and for my wife too. I just want to know could CIC refuse our PR file? Is that happen? Is there any way to solve this matter? Any appeal in court or something else? Thanks for replying
Without seeing the text of the whole refusal letter - it's hard to know if she received the ban or not. However since 40(1)a was quoted - there's definitely a significant possibility.
If she was banned, then it sounds like you fall under the two year rule in which case the ban will be over in June of this year. Yes - the ban will prevent your wife from being approved for PR. As long as she is banned, she cannot come to Canada. The time to appeal would have been two years ago when she was refused and the finding of misrepresentation was made. It's too late now.
If she was banned, then it sounds like you fall under the two year rule in which case the ban will be over in June of this year. Yes - the ban will prevent your wife from being approved for PR. As long as she is banned, she cannot come to Canada. The time to appeal would have been two years ago when she was refused and the finding of misrepresentation was made. It's too late now.
Is June 2015 the date of your application or the date of the refusal letter? If it's the date of the refusal letter - then you should be fine to apply after June of this year.
As your wife was refused under Section 40(1)(a), she has also received a 2-years ban for misrepresentation. There's no ambiguity about this.Parm1 said:The refusal date was 12 June 2015.
Section 40(1)(a) refers to inadmissibility. And, there's a further provision which affects this sub-section (1).... which includes a ban for misrepresentation:
http://laws-lois.justice.gc.ca/eng/acts/I-2.5/section-40.html
You can apply for PR after the 2-years ban lapses in June this year
I've just come across some IRCC documents which indicate that the amendment to Regulations i.e. from 2-years to 5-years came in to force earlier than August 2015 (which I had stated in my previous post). Perhaps as early as fall 2014. I could be wrong though.Parm1 said:Could you please let me know when cic change the ban time from two years to five. Am little worried that they not banned me for five years. Thanks
Does the TRV refusal letter not state whether it's a 2-year or a 5-year ban? I think it mentions this.
In case the letter does not mention it:
1. Order GCMS notes
2. Write to the relevant visa office + send a CSE
Or contact:
Migration Control and Horizontal Policy Division
Admissibility Branch
Citizenship and Immigration Canada
365 Laurier Avenue West
Ottawa, Ontario
K1A 1L1
Email: C-43-Regs@cic.gc.ca
The rule for a 5-years ban was already amended + in effect when your wife was refused in June 2015. It was not a 2-years ban.Hi everyone, i just got the GCMS notes and its shows me the 5 years ban. How it's possible if the rule was for 2 years?
Is there have any way to remove this error?
Like I had mentioned in the previous post, I had come across IRCC documents which say the 5 years ban for misrepresentation came into effect from fall 2014.... and not from August 2015.
Unfortunately, there's absolutely nothing you can do. It is pointless applying for any visa before the 5 years lapses. Your PR application will NOT be considered/will be rejected