rejection based on entry to another country using a fake passport

[inlimbo]

Does anyone out there have any experience in, or knowledge of a permanent resident application being rejected because of entry to another country using a fake passport?
My husband was honest about his past in our application and we have nothing to hide. Now, a year and a half after filing our papers, being contacted once in regards to more proof of our relationship, and the interview- as if it was something the Canadian government discovered on their own, he is being rejected to come to Canada because of a decision he made about 10 years ago.

When doing a first review of our file could someone not have communicated with us that we weren't going to be successful in our application?
We could have saved A LOT of time waiting in separate countries, miserable and delusional that we would get what we want. I feel like I've wasted my time trying to create a home, a career and some semblance of normalcy in my native country.

We had a horrific time getting the last document needed- the Criminal Background Check from the country he illegally entered. However, we over came that obstacle. The check verifies he once did enter that country on the information we mentioned in our application. We thought our suffering was over.

What grounds does the visa officer have to reject the visa?

We thought that if we were honest, we would be fine. However, that seems to be further from the truth than we ever anticipated. We've done nothing 'wrong' in regards to Canada. It has even been clearly stated that the legitimacy of our relationship is not being challenged. We really don't understand.

It looks like we have around 60 days to make an appeal or apply for a visa on Humanitarian and Compassionate grounds. I'm giving birth to our first child in about that exact time. If we weren't lead to be so optimistic at the interview, I never would have allowed myself to get pregnant. The HC processing our visa knows of my situation.

Honestly, I'm disgusted with Canada.

I'm curious to see what comments my frazzled thoughts will receive.

 

[Leon]

You could talk to your MP if you haven't already and you could appeal and see what happens.

 

[RobsLuv]

You could talk to your MP if you haven't already and you could appeal and see what happens.

Unfortunately, at this point in time there's probably not a lot the MP can, or will be willing to, do. Our MP was useless when our application was first refused - preferring to believe that the assessing officer knew what she was doing, and he basically ended up making me feel like the criminal just because I had a son who screwed up. I honestly believe he felt that I was a "bad person" because I had a kid who messed up - even though my kid hadn't lived with me for years and wasn't immigrating to Canada in the first place. It was pretty obvious that he not only didn't understand the IRPA & Regulations, but that he agreed with the officer's assessment and felt sorry for my husband that he'd ever married me.

The appeal process is your next step. I am sorry you're going through this, but until your husband gets the refusal letter, you'll not know what you're up against. The letter will tell you what part of the IRPA the officer used as grounds for refusing the application. You'll also get your own notification of refusal, with a copy of his refusal letter, and you have 30 days from receipt to file your appeal request. Unfortunately, the appeal process is long - depending on which Province you're in (therefore, which IAD office processes the appeal) it could be a year or more. The appeal process is the process, though, for "applying" for Humanitarian and Compassionate consideration - unless your spouse is already in Canada, there is (to my knowledge) no H&C visa you can apply for . . . and I don't think that spousal applicants who have had a family class refusal are allowed to apply via an H&C ap anyway. As I said, that's what the appeal process is for.

I understand, totally, how you feel - but, honestly, there's not a lot you can do until you get the refusal letter and you know which part of the IRPA they used as grounds for the refusal. I don't know what province you're in, but I have a couple of contacts as far as legal representation depending on where you are. The important thing, despite your very understandable disgust, is to remember that there is a light at the end of the tunnel. It's just that it might be a long walk from one end to the other. PM me, please, when you have more information. Having been through our own ordeal, I'd like to be able to offer at least a few helpful suggestions.

 

[inlimbo]

...I am in British Columbia.

 

[confusednscared]

WOW, I am so sorry to have read your limbo. I really wish there was some sort of usable advise I can offer to you. I do however feel you may have a very strong appeal if their reason for rejection is solely based on using a fake passport some 10 years ago. Do you think there might have been some flaws in responses to questions at the interview?

I really can't understand why the IO based his/her decision on the application from a past action that has nothing to do with the relationship. I guess they looked at it as criminal inadmissibility?

There are some very helpful members in this forum who will be able to guide you through this process. I strongly recommend you stick around and utilize your time gaining answers to your many questions that will arise throughout the beginning of a new, tiresome process.

Best wishes.

 

[Yaya Marei]

Appeal Appeal
Do not give up ,

 

[Hycore]

Am I the only one that thinks using a fake passport is a serious? Eventhough it was ten years ago, there are always ramifications to people's action. I'm sorry but I think it is not fair to be disgusted with Canada.

 

[Yaya Marei]

People do stupid things in their lives, and they are wish they never done it . and thats not mean to damage their future based on mistakes of 10 years ago,

I think CIC officer should give them chance to prove their case, and they told everything true, so they should treated in different way.

who does not do stupid mistake in life.

 

[Pharoh]

If it was 10 years ago, that's old news. There's absolutely no reason to be rejected for this. It says a lot that you guys are taking the legal approach to immigration, which should be sufficient evidence that you've learned from the past. You should make an appeal, and come up with additional evidence (e.g. testimony from friends and family) supporting you and your spouse's case. We all make mistakes, and it's through those mistakes, that we learn what roads are best traveled on.

And honestly, sneaking into another country for a better life? There's far worse things you can do. If countries were more willing to accept people and work with them to bring them in, perhaps this wouldn't be as big an issue. We have a HUGE problem with illegal immigration in the States. If it weren't so hard to receive a green card here, I'd guess a majority of people would take the legal route. Then you have all those people crossing for safety, as they're as good as dead in their previous country. When it's a matter of life or death, I don't know about everyone else, but I'm not going to let standard policy/procedure stand in the way of my survival.

...just my two cents.

You should appeal.

 

[Oil Sand Guy]

If it was 10 years ago, that's old news. There's absolutely no reason to be rejected for this. It says a lot that you guys are taking the legal approach to immigration, which should be sufficient evidence that you've learned from the past. You should make an appeal, and come up with additional evidence (e.g. testimony from friends and family) supporting you and your spouse's case. We all make mistakes, and it's through those mistakes, that we learn what roads are best traveled on.

And honestly, sneaking into another country for a better life? There's far worse things you can do. If countries were more willing to accept people and work with them to bring them in, perhaps this wouldn't be as big an issue. We have a HUGE problem with illegal immigration in the States. If it weren't so hard to receive a green card here, I'd guess a majority of people would take the legal route. Then you have all those people crossing for safety, as they're as good as dead in their previous country. When it's a matter of life or death, I don't know about everyone else, but I'm not going to let standard policy/procedure stand in the way of my survival.

...just my two cents.

You should appeal.

Salute..and salute pharoh. well said pharoh

 

[rjessome]

Does anyone out there have any experience in, or knowledge of a permanent resident application being rejected because of entry to another country using a fake passport?
My husband was honest about his past in our application and we have nothing to hide. Now, a year and a half after filing our papers, being contacted once in regards to more proof of our relationship, and the interview- as if it was something the Canadian government discovered on their own, he is being rejected to come to Canada because of a decision he made about 10 years ago.

When doing a first review of our file could someone not have communicated with us that we weren't going to be successful in our application?
We could have saved A LOT of time waiting in separate countries, miserable and delusional that we would get what we want. I feel like I've wasted my time trying to create a home, a career and some semblance of normalcy in my native country.

We had a horrific time getting the last document needed- the Criminal Background Check from the country he illegally entered. However, we over came that obstacle. The check verifies he once did enter that country on the information we mentioned in our application. We thought our suffering was over.

What grounds does the visa officer have to reject the visa?

We thought that if we were honest, we would be fine. However, that seems to be further from the truth than we ever anticipated. We've done nothing 'wrong' in regards to Canada. It has even been clearly stated that the legitimacy of our relationship is not being challenged. We really don't understand.

It looks like we have around 60 days to make an appeal or apply for a visa on Humanitarian and Compassionate grounds. I'm giving birth to our first child in about that exact time. If we weren't lead to be so optimistic at the interview, I never would have allowed myself to get pregnant. The HC processing our visa knows of my situation.

Honestly, I'm disgusted with Canada.

I'm curious to see what comments my frazzled thoughts will receive.

You don't say what sections of the Act and/or Regs that the office used to refuse the application. It should say what they are in the refusal letter you received. Any refusal MUST have a basis in law (IRPA & IRPR) to be justified. Please post or PM me as there could be a small chance of getting a reconsideration or the Program Manager but you have to act quickly.

 

[dudebr]

It's hard to believe that a "mistake" from 10 years ago would be the main reason for a refusal. You may think this is the main reason but you may be surprised when you finally receive the Refusal Letter.

Anyway it's pretty hard to be apart from the person we love and independent of the reason for the refusal it must be hard the ordeal you're going through. I am sorry, and best of luck !

 

[canadianwoman]

It has even been clearly stated that the legitimacy of our relationship is not being challenged. We really don't understand.

If they accepted your relationship as genuine, they rejected the application for criminal inadmissibility. Entering another country with a fake passport is a crime. I'd appeal; you may win based on the best interests of your child. Good luck.

 

[inlimbo]

Thank you for all the replies. I am still waiting for the letter, so I can't give more information at the current time. I learned of what's coming our way by asking my MPs office to inquire in Ottawa about our file. I will certainly include more details later, as I will be looking for help and to make sense of it all.

 

[patiently_waiting]

Hi In Limbo, Was your hubby criminally charged for this? If yes you should check out the 'overcoming criminal inadmissable' section of the the CIC website as he may have to apply for criminal rehabilitation. Since it was over ten years ago, this would do the trick for you. Good Luck! I hope it all works out for you!!