How to wave inadmissibility due to wrong Information

[adekunle11111]

My wife wrongly filled NO to question that asked ''whether she's been refused visa to US or Canada before'' while applying for her student visa.

For this reason she was found inadmissible for 5yrs which kept me and herself out from applying for PR.

Do anyone have an idea of what to do to have the flag waved. We are just 1yr into the flag with four years to go.

Thanks in advance for your advise.

Kind regards,
Cleff.

 

[Alurra71]

She was found to have committed misrepresentation. I don't think there is anything stopping you from applying for PR and listing her as non accompanying. She will have to finish out her 5 year ban and there is no going around it. You can expect that any application from her going forward will be met with elevated scrutiny.

Since you were not banned (as far as I can see from your post) then there is no reason you cannot begin/finish paperwork (if qualified without her) and then sponsor her after her ban is finished.

 

[scylla]

There's no waiver available for the misrepresentation ban. She will have to wait out the additional four years of the ban before she can apply again to come to Canada.

 

[Bryanna]

She was found to have committed misrepresentation. I don't think there is anything stopping you from applying for PR and listing her as non accompanying. She will have to finish out her 5 year ban and there is no going around it. You can expect that any application from her going forward will be met with elevated scrutiny.

Since you were not banned (as far as I can see from your post) then there is no reason you cannot begin/finish paperwork (if qualified without her) and then sponsor her after her ban is finished.

No, this is incorrect.

The OP cannot sponsor his wife currently until the 5 years ban is over, nor can he include her as a non-accompanying family member. In fact, the OP himself is currently inadmissible.

According to IRCC, in cases of misrepresentation:
In most cases, an applicant will be found inadmissible on the grounds of having an inadmissible family member if that person, whether accompanying or not has been determined to be inadmissible [A42(1)].

An accompanying family member who is inadmissible will make the applicant inadmissible. Even if the family member is non-accompanying, there are circumstances under which the applicant is still inadmissible [R23]. These circumstances include non-accompanying family members who are:

• spouses, except if they are separated (in law or fact)
• common-law partners
• dependent children, of whom the applicant or their accompanying family member has custody or the power to act on their behalf
• dependent grandchildren, of whom the applicant or their accompanying family member has custody or the power to act on their behalf

 

[adekunle11111]

@Alura71,Scylla, and Brianna - thanks to you all for the information, I could deduce that the only option is to wait till the ban is over before I can try to apply to Canada.

I assumed the ban has affected her chances to apply for USA visa because she applied twice late last year for medical reason (Baby delivery) but she was refused.

Lastly, do you think this ban will affect my chance of applying for Australia visa, either visiting or PR. I stumbled online to the Australian PR and realised I met all their requirements with ease.

Regards,
Cleff.

 

[Bs65]

Probably best to find an equivalent forum for Australia to answer the Australian PR question. A ban any where versus a refusal could well affect any application any where but you would need someone familiar with Australia PR applications.

 

[meyakanor]

If you are going to try for Australian PR, make sure to be very truthful about these refusals from the US and Canada.

Australia also takes misrepresentation very seriously, and if you do not disclose this during application process, and later on you become an Australian PR or an Australian citizen, they can still later on revoke your status.

I don't believe that US or Canadian visa refusals would stop you from immigrating to Australia, but if you knowingly lie and later on get caught, you would have to fight very hard to keep your status.