Refusal misrepresented 40(1)a
- Thread starter Parm1
- Start date
Appealing in court is an expensive process that could take a long time. To be successful, you must prove that the visa officer had erred in his/her judgement. However, in this case, this is not a question of a decision error but of false documents/untruthful information (I do not know the specifics of your case).
It's best not to appeal. You can wait out the 5 years ban and then apply for PR. There could still be some chances of PR refusal after that or maybe processing could take longer than most PR cases.
Or you may want to explore immigration to another country as immigration rules are constantly changing. Waiting for 5 years may not be a good idea
It's best not to appeal. You can wait out the 5 years ban and then apply for PR. There could still be some chances of PR refusal after that or maybe processing could take longer than most PR cases.
Or you may want to explore immigration to another country as immigration rules are constantly changing. Waiting for 5 years may not be a good idea
Hi, Bryanna i have one query regarding this i have two year ban in Nov 2013 Can i reapply my temporary visitor visa now because in my refusal/ban letter it mention only two year and it letter was issued in Nov 2013. it all most this Nov 2018. About 5 years. but this is my question i have 2 year ban or 5 year ban due to change the law in 2015. about 40(1) A to covert into 2years to 5 years
thanks
tarun sharma
Yes, you can apply. The 2-years ban has passed. You are not affected by the change from 2 years to 5 years.
That said, you would want to be extremely cautious before you reapply for a TRV (Read: You must have a compelling reason to visit + exceptionally strong ties + declare any visa refusals or if you were denied entry to any country + good financial situation, etc etc).
Hopefully, you were granted visas to other countries (US, UK, Schengen, Australia, etc) in these 5 years.... and you have traveled to those countries. Otherwise I would recommend you first build up some bit of travel history before you reapply.
You can also include a cover letter. Suggestions are here:
https://www.canadavisa.com/canada-immigration-discussion-board/threads/bryanna-request-your-guidance.554200/
You can expect processing to take much longer than the published processing time
I need some expert advice, I am a sponsor under the PNP program to someone, that person obtained his PR card and move to another province within 2 weeks. He never intends to settle in the province and obtained PR on fraud.I would like to make a complaint to the IRCC to rework his PR based on misrepresentation. Under what ground should I able to make a complaint and if I do so then do you think IRCC will take any action about them,
You can report him (see link below) - however I think it's unlikely IRCC will do anything about this.
https://www.canada.ca/en/immigration-refugees-citizenship/services/protect-fraud/report-fraud.html
He singed intent to settle in the province and he used my Identity to get Pr card based on PNP. Do you still think that IRCC unlikely will do anything about them? Being a victim of the fraud Please provide me some detail expert advise.
I don't think this person used your identity to get PR. If they used your identity - this means they would have pretended to be you in order to become a PR. I believe you supported their PNP application and they obtained PR as a result of your support. Is that right?
Once someone has PR, they are allowed to move anywhere within Canada regardless of how they obtained their PR. There is some possibility that IRCC may take action in this case since this individual move to a new province so quickly. All you can do is report this person. It will be up to IRCC if action is taken.
Yes, You are correct but they obtained additional points bc of me. provided direct evidence of the individual actually making arrangements to move to another province prior to the date the PR lands does not consider the misrepresentation. Move to the other province it's not an issue but particularly move rather soon not be the ground to revoke his PR card. Also, he lied to the CBSA when he landed to settle in the nominated province. Don't you think A40 will apply to them?
P
Pdiwan
Guest
Hi Bryanna
I was refused for US travel visa once. How can i declare it on my file. My refusal letter doesnt say any file number but i have confirmation number. Should i mention that only?
My wife applied under Federal Skilled worker and she got refusal and 5 years ban in December 2015. Below are the comments she received in the letter.
Section 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 any document required by the regulations. The visa or document shall 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 reason set out above, I am satisfied that you are inadmissible and I am therefore refusing your application.
Section 40(1), Section 40(2), Section 40(3), Section 11 (1).
Now my wife is planning to apply under Student Visa after completing the ban of 5 years in 2020. Will she be eligible to apply again to Canada under student visa.
Regards.
Syed
Section 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 any document required by the regulations. The visa or document shall 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 reason set out above, I am satisfied that you are inadmissible and I am therefore refusing your application.
Section 40(1), Section 40(2), Section 40(3), Section 11 (1).
Now my wife is planning to apply under Student Visa after completing the ban of 5 years in 2020. Will she be eligible to apply again to Canada under student visa.
Regards.
Syed
would have to be in 2021 as dec 2020 would be five years. in Jan of 2021 she can reapply to Canada.