Misrepresentation 5 years inadmissability (Spousal sponsorship)

[chilkootcee]

Basically, we seek help with a consultant that did all the paperwork before , and will do it in the quickest way possible, adn get married and has the capacity of

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I have determined that you do not meet the requirements of the Immigration and Refugee Protection Act.
Paragraph 40(1)(a) specifies that the permanent resident or the foreign national continues to be
inadmissible for misrepresentation for a period of five years following. in the case of a determination
outside Canada, a final determination of inadmissibility under subsection (1). Subsection 40(3)
specifies that a foreign national who is inadmissible under this section may not apply for permanent
resident status during the period referred to in paragraph (2)(a).

You misrepresented the below material fact: Certificate of Marriage

The misrepresentation or withholding of this material fact induced or could have induced errors in the administration of the Act because you could have been found meeting the requirements of the Family Class Program. As result, you are inadmissible to Canada for a period of five years from the date of this letter. in addition. pursuant to subsection 40(3) of the Immigration and Refugee Protection Act, because you are a foreign national who is inadmissible on the basis of section 40. you may not apply for permanent resident status during this 5-year period.

Still can't determine the details of your situation to be able to provide help. Maybe a timeline from when you left your original country of residence and became a refugee, application timeline, personal status timeline (when you got married)

 

[moscatojuices]

Guys let's stop.

OP is banned for 5 years end of story - they can come back then and ask. Not even sure they'll meet eligibility criteria at a future stage.

 

[YVR123]

Guys let's stop.

OP is banned for 5 years end of story - they can come back then and ask. Not even sure they'll meet eligibility criteria at a future stage.

but OP is asking applying AFTER his 5 years ban is over. Still we don't know the details of what was exaclty the misrepresentation.

 

[weareone]

As I have said, it has been 5 years and getting some suggestions/idea of what other documents I can give to solidify my re-application. Aside from the standard requirements.

 

[moscatojuices]

Sorry I misinterpreted, I though the 5-year ban had just been handed down.

As I have said, it has been 5 years and getting some suggestions/idea of what other documents I can give to solidify my re-application. Aside from the standard requirements.

Please follow my instructions carefully. In your previous posts, I believe what you have done only post parts of a letter and not the full letter. That's why it is so hard for us to figure out how to help you. Can you make two separate posts containing the following information:

1. I need you to post the contents of your full refusal letter from IRCC
2. I need you to post the contents of your full Procedural Fairness Letter from IRCC - you would have been given this letter prior to a refusal

Post the contents of both of these letters in full, word for word, in two separate posts. Once we have all of the information we may be able to figure out where it all went wrong in the first place.

 

[weareone]

Several here have been asking more about just what was said and done here. @moscatojuices has said nicely what is probably needed for anyone here to advise.

I find myself completely in the dark about what is being said here:

You misrepresented the below material fact: Certificate of Marriage

Yes, it hints at what was misrepresented, but far from clear. Was the marriage certificate an out-and-out fake? Was the OP found to have uttered a forged or fraudulent document? Or? Did the marriage certificate purport to be a record of a marriage that, in fact, never took place? Misrepresenting a marriage certificate could mean a lot of things. There must be more to the story.

We had a consultant before; since our relationship was new at that time, the consultant suggested that it will be strong if we can provide a marriage certificate.. He said that he can do it legally, we did verify with him again, the consultant said yes, so he made all the applications etc. After we received the letter we complained to him and the consultant itself did not know whats going on as he had a 3rd party that did the certificate. So damages have been done. And now we are reapplying on our own to make sure it will never happen again.

 

[moscatojuices]

We had a consultant before; since our relationship was new at that time, the consultant suggested that it will be strong if we can provide a marriage certificate.. He said that he can do it legally, we did verify with him again, the consultant said yes, so he made all the applications etc. After we received the letter we complained to him and the consultant itself did not know whats going on as he had a 3rd party that did the certificate. So damages have been done. And now we are reapplying on our own to make sure it will never happen again.

So basically you got a consultant to make up a marriage certificate for you? You actually didn't get legally married at the time of your PR application, did you?

 

[weareone]

So basically you got a consultant to make up a marriage certificate for you? You actually didn't get legally married at the time of your PR application, did you?

You actually didn't get legally married at the time of your PR application, did you? (correct)
We got a consultant as we need help filling out forms, documents needed etc, as we are new to these. We never knew this consultant as she was just referred to us, while doing all the paperwork she then suggested that a marriage certificate is important, which she (the consultant) can legally obtain. And she added it would be the better option when submitting the forms. The end result is that the certificate submitted was fake. After that letter, we learned from our mistakes and did what was right, we got married etc with all the legal documents and waited for the 5 years ban to end, with us just doing our own application

 

[armoured]

You actually didn't get legally married at the time of your PR application, did you? (correct)
We got a consultant as we need help filling out forms, documents needed etc, as we are new to these. We never knew this consultant as she was just referred to us, while doing all the paperwork she then suggested that a marriage certificate is important, which she (the consultant) can legally obtain. And she added it would be the better option when submitting the forms. The end result is that the certificate submitted was fake. After that letter, we learned from our mistakes and did what was right, we got married etc with all the legal documents and waited for the 5 years ban to end, with us just doing our own application

How long ago was this?

 

[moscatojuices]

You actually didn't get legally married at the time of your PR application, did you? (correct)
We got a consultant as we need help filling out forms, documents needed etc, as we are new to these. We never knew this consultant as she was just referred to us, while doing all the paperwork she then suggested that a marriage certificate is important, which she (the consultant) can legally obtain. And she added it would be the better option when submitting the forms. The end result is that the certificate submitted was fake. After that letter, we learned from our mistakes and did what was right, we got married etc with all the legal documents and waited for the 5 years ban to end, with us just doing our own application

Wow. Why on earth would you do that? All you had to do was get legally married..... why did you skip having a ceremony etc.? Honestly, I question if you've learned your lesson because you still seem to be putting this on the consultant (even if it was their idea to fraduently produce a marriage certificate, it doesn't negate your responsibility).

 

[armoured]

You actually didn't get legally married at the time of your PR application, did you? (correct)
We got a consultant as we need help filling out forms, documents needed etc, as we are new to these. We never knew this consultant as she was just referred to us, while doing all the paperwork she then suggested that a marriage certificate is important, which she (the consultant) can legally obtain. And she added it would be the better option when submitting the forms. The end result is that the certificate submitted was fake. After that letter, we learned from our mistakes and did what was right, we got married etc with all the legal documents and waited for the 5 years ban to end, with us just doing our own application

I'd echo the point above. Is there some explanation to why you chose to get a fake, fraudulent marriage certificate instead of ... actually getting married?

I don't know how IRCC will approach your new application. But unless there's some better explanation, the default is going to be that your file needs extra checking, because: it does not take any sense at all to understand that presenting a fake marriage certificate for a PR application on the basis that you are married is counter to the point of the program.

You can't just lay the responsibility off on a consultant.

 

[canuck78]

Did you fake the marriage certificate from your home country or from Canada? Where have you been living for the past 5 years and what are your statuses in Canada? Have you been living in the same country and have you been living together? Did you get married or are you common law? If you got married did you have a ceremony and what type of ceremony? Assume you are saying that you are still in a genuine relationship. What kind of proof will you be able to show of the genuine relationship?

 

[weareone]

Hi to all,
I appreciate all the answers I got from you, and I know that it is my mistake from the start as I signed all applications. I can't blame others. What I can do now is just furnish all the legal documents that we have and hope for the best. By end of this year (Or early next year), I will reapply again.
On an important note, do I need to make an explanation letter from my past history?
Also, do I need to attach the IRCC letter that I received as well?
-We are One

PS.
canuck78
We had our wedding, ceremony, pictures and all that stuff as we are now legally married.

 

[moscatojuices]

Hi to all,
I appreciate all the answers I got from you, and I know that it is my mistake from the start as I signed all applications. I can't blame others. What I can do now is just furnish all the legal documents that we have and hope for the best. By end of this year (Or early next year), I will reapply again.
On an important note, do I need to make an explanation letter from my past history?
Also, do I need to attach the IRCC letter that I received as well?
-We are One

PS.
canuck78
We had our wedding, ceremony, pictures and all that stuff as we are now legally married.

Yes it would be expected that you would supply a covering letter that addresses your misrepresentation.

By the way what exactly is the sponsorship arrangement? Is one of you Canadian?

 

[weareone]

Yes it would be expected that you would supply a covering letter that addresses your misrepresentation.

By the way what exactly is the sponsorship arrangement? Is one of you Canadian?

Ok thank you.

By the way what exactly is the sponsorship arrangement? Is one of you Canadian? = Yes