Visa declined on border

[Buletruck]

Letter says 40(1)a nothing mentioned about inadmissibilty

Whether mentioned or not, pretty sure the reference to 40(1) a makes him inadmissible for 5 years for misrepresentation. IRCC will have the FOSS notes made by CBSA and will base their decision on that.


https://laws-lois.justice.gc.ca/eng/acts/i-2.5/section-40.html

 

[Satti1313]

Whether mentioned or not, pretty sure the reference to 40(1) a makes him inadmissible for 5 years for misrepresentation. IRCC will have the FOSS notes made by CBSA and will base their decision on that.


https://laws-lois.justice.gc.ca/eng/acts/i-2.5/section-40.html

Yes but CBSA officer said she will clear on online system and my husband can apply for visa outside Canada if he follows rule and leave country on schedule removal.

 

[Usb999]

How long he stayed already on visit visa and y he didn't use any other option like take new small business license or asylum or any other option u know the situation better
But contact immigration lawyer as soon as possible and take his help what he said

 

[Buletruck]

Once it’s reported (and all the documentation entered) I doubt that they can actually remove it from the system. It’s there permanently. He’s been issued a removal order and they need document trails for that.
He can certainly apply again, but I believe you find IRCC will find him inadmissible based on his misrepresentation.

Edit: I think you have misunderstood what the CBSA officer was telling him. She was probably referring to clearing the removal order so it doesn’t become a deportation order if he complies with them. They really won’t erase any records.....that would be illegal.

 

[Satti1313]

Once it’s reported (and all the documentation entered) I doubt that they can actually remove it from the system. It’s there permanently. He’s been issued a removal order and they need document trails for that.
He can certainly apply again, but I believe you find IRCC will find him inadmissible based on his misrepresentation.

Edit: I think you have misunderstood what the CBSA officer was telling him. She was probably referring to clearing the removal order so it doesn’t become a deportation order if he complies with them. They really won’t erase any records.....that would be illegal.

Ok. But she said there is no 5 years ban on him and they didn’t cancel his visitor visa. Because he withdrew his work visa application.

 

[Satti1313]

Whether mentioned or not, pretty sure the reference to 40(1) a makes him inadmissible for 5 years for misrepresentation. IRCC will have the FOSS notes made by CBSA and will base their decision on that.


https://laws-lois.justice.gc.ca/eng/acts/i-2.5/section-40.html

Ok. So what options do we have now if this is the case?

 

[Buletruck]

Apply and see what happens. If he was banned for misrepresentation, he’ll be inadmissible for 5 years and the refusal will state that. If he isn’t banned, he can apply as often as he likes. Whether he gets a visa or WP will be assess like every other applicant.

 

[Satti1313]

Apply and see what happens. If he was banned for misrepresentation, he’ll be inadmissible for 5 years and the refusal will state that. If he isn’t banned, he can apply as often as he likes. Whether he gets a visa or WP will be assess like every other applicant.

Can we ask at airport about the inadmissibilty?

 

[Satti1313]

Can we ask at airport about the inadmissibilty?

Would the be able to tell about inadmissibilty?

 

[scylla]

Can we ask at airport about the inadmissibilty?

Your husband can try asking. However CBSA isn't IRCC. In my opinion you won't know for sure until your husband applies for the new work permit application.

 

[canuck78]

Not sure why he attempted to get a work permit like this or someone advised him but he has created a big mess.

 

[Satti1313]

Not sure why he attempted to get a work permit like this or someone advised him but he has created a big mess.

Yes licensed advisor advise him to go in person and get you work permit. Before coming to Canada we asked him to apply online but he said there wouldn’t be any problem because I have done same for other clients and now they have there work permit. Please advise what we need to do?

 

[scylla]

Yes licensed advisor advise him to go in person and get you work permit. Before coming to Canada we asked him to apply online but he said there wouldn’t be any problem because I have done same for other clients and now they have there work permit. Please advise what we need to do?

You have already been repeatedly advised what to do.

Your husband needs to leave Canada as he has been instructed to do.

Once your husband is back in your home country, he will need to apply for the work permit and then wait for the results in his home country before coming again to Canada.

 

[Jets13]

How long he stayed already on visit visa and y he didn't use any other option like take new small business license or asylum or any other option u know the situation better
But contact immigration lawyer as soon as possible and take his help what he said

are you really suggesting they file a false asylum claim?

 

[Copingwithlife]

How long he stayed already on visit visa and y he didn't use any other option like take new small business license or asylum or any other option u know the situation better
But contact immigration lawyer as soon as possible and take his help what he said

Asylum ? No wonder people are getting cynical about the whole asylum program