Visitor visa cancelled after Landing!!!!

[davinder_sandhu80]

Please help!!

I have applied vistor visa for my family through an agent... He filled my application. He used his email for correspondance.

The visitor visa was approved for all family members.

We landed safely in the month of October,2018

We spent good time here. Now once we contacted the border to change the status, it was shocking for us.

They border person said our visa was cancelled by email on December 14th, 2018. They had sent by email . Now the email was from an agent , so he do not informed us.

The questions are --

1. Once we are already entered Canada with proper stay, why they are deporting us.
2. What can be done to regain the status

 

[Bryanna]

Please help!!

I have applied vistor visa for my family through an agent... He filled my application. He used his email for correspondance.

The visitor visa was approved for all family members.

We landed safely in the month of October,2018

We spent good time here. Now once we contacted the border to change the status, it was shocking for us.

They border person said our visa was cancelled by email on December 14th, 2018. They had sent by email . Now the email was from an agent , so he do not informed us.

The questions are --

1. Once we are already entered Canada with proper stay, why they are deporting us.
2. What can be done to regain the status

One thing at a time:
1. You cannot apply to change your status at the border. You're not visa-exempt. You should have applied to extend your stay. Anyway

2. Did you ask your authorized representative for this email? If yes, do post it here after deleting any personal information.

3. Yes, CBSA/IRCC can cancel your visas at any time probably because IRCC does not believe TRVs should have been granted.

4. Have you been asked to leave? Are you being deported? If yes, how were you informed?

 

[canuck78]

Did your mother just apply for a TRV from her home country? Based on your previous post and the time stamps her visa application could have triggered the cancellation. What were you trying to change?

 

[davinder_sandhu80]

Hello Brayanna / Canuck78

Thanks for your replies and sorry for answering so late...

We have come to know the final reasons for the cancellations of visitor visa after landing.

We are the victim of agent fraud in India. I have 1-year exclusion order due to misrepresentation and 5-year ban now.

During application of my visitor visa. I had 12 years of genuine business travelling, whereas my wife was never travelled to any country. I have 10 years valid USA (business visa), China work visa ( 1 year) and I have travelled to more than 15 countries with even no single day overstay. I had never broken any immigration law in my life. I used an agent by thinking he will more professionally fill my application. I sent him all the documents by an email and went on my business trip to China. The agent showed fake travel history of my wife by using fake stamps of Thailand and Malaysia, which were the reason for the cancellation of our visitor visas.

If you see my case, it was not required to show spouse travel history to get a visitor visa as my passport was so strong. If I have to use something fake, why I will use a country, where I never travelled to. But he was the habitually crooked agent. I paid him a small amount of Cad500 for just applying visa of my family. We were ready to accept even refusals also. But he was in the hope of growing his business and done this intentionally. Ultimately, it had all bad effect on me and my family.

He put me in big trouble. It has affected my career also. I am back to India with my family by obeying the Canadian laws. I have already applied for a Judicial review. I am totally innocent in this case. Even my mother visa also not stamped after approval, due to this reason.

My questions are -

1. What you think are the chances for Judicial review appeal
2. After completion of an exclusion order, can I try to reapply the visa as the ban is up to 5 years
3. If after 1 year. I mention this in Australia visa, will they consider me or just refuse based on Canada

Kindly guide me.

 

[davinder_sandhu80]

Hello Brayanna / Canuck78

Thanks for your replies and sorry for answering so late...

We have come to know the final reasons for the cancellations of visitor visa after landing.

We are the victim of agent fraud in India. I have 1-year exclusion order due to misrepresentation and 5-year ban now.

During application of my visitor visa. I had 12 years of genuine business travelling, whereas my wife was never travelled to any country. I have 10 years valid USA (business visa), China work visa ( 1 year) and I have travelled to more than 15 countries with even no single day overstay. I had never broken any immigration law in my life. I used an agent by thinking he will more professionally fill my application. I sent him all the documents by an email and went on my business trip to China. The agent showed fake travel history of my wife by using fake stamps of Thailand and Malaysia, which were the reason for the cancellation of our visitor visas.

If you see my case, it was not required to show spouse travel history to get a visitor visa as my passport was so strong. If I have to use something fake, why I will use a country, where I never travelled to. But he was the habitually crooked agent. I paid him a small amount of Cad500 for just applying visa of my family. We were ready to accept even refusals also. But he was in the hope of growing his business and done this intentionally. Ultimately, it had all bad effect on me and my family.

He put me in big trouble. It has affected my career also. I am back to India with my family by obeying the Canadian laws. I have already applied for a Judicial review. I am totally innocent in this case. Even my mother visa also not stamped after approval, due to this reason.

My questions are -

1. What you think are the chances for Judicial review appeal
2. After completion of an exclusion order, can I try to reapply the visa as the ban is up to 5 years
3. If after 1 year. I mention this in Australia visa, will they consider me or just refuse based on Canada

Kindly guide me.

I am sorry Bryanna for the mistake in your name.

 

[PMM]

HI

Hello Brayanna / Canuck78

Thanks for your replies and sorry for answering so late...

We have come to know the final reasons for the cancellations of visitor visa after landing.

We are the victim of agent fraud in India. I have 1-year exclusion order due to misrepresentation and 5-year ban now.

During application of my visitor visa. I had 12 years of genuine business travelling, whereas my wife was never travelled to any country. I have 10 years valid USA (business visa), China work visa ( 1 year) and I have travelled to more than 15 countries with even no single day overstay. I had never broken any immigration law in my life. I used an agent by thinking he will more professionally fill my application. I sent him all the documents by an email and went on my business trip to China. The agent showed fake travel history of my wife by using fake stamps of Thailand and Malaysia, which were the reason for the cancellation of our visitor visas.

If you see my case, it was not required to show spouse travel history to get a visitor visa as my passport was so strong. If I have to use something fake, why I will use a country, where I never travelled to. But he was the habitually crooked agent. I paid him a small amount of Cad500 for just applying visa of my family. We were ready to accept even refusals also. But he was in the hope of growing his business and done this intentionally. Ultimately, it had all bad effect on me and my family.

He put me in big trouble. It has affected my career also. I am back to India with my family by obeying the Canadian laws. I have already applied for a Judicial review. I am totally innocent in this case. Even my mother visa also not stamped after approval, due to this reason.

My questions are -

1. What you think are the chances for Judicial review appeal
2. After completion of an exclusion order, can I try to reapply the visa as the ban is up to 5 years
3. If after 1 year. I mention this in Australia visa, will they consider me or just refuse based on Canada

Kindly guide me.

1. Not a chance in Judicial review, your agent may have submitted the application, but you are responsible for the contents.
2. You can't apply for anything for 5 years.
3. Up to Australian, but there is a very good chance that they will refuse, taking into account the exclusion order and the 5 year ban for misrepresentation.

 

[Bryanna]

Hello Brayanna / Canuck78

Thanks for your replies and sorry for answering so late...

We have come to know the final reasons for the cancellations of visitor visa after landing.

We are the victim of agent fraud in India. I have 1-year exclusion order due to misrepresentation and 5-year ban now.

During application of my visitor visa. I had 12 years of genuine business travelling, whereas my wife was never travelled to any country. I have 10 years valid USA (business visa), China work visa ( 1 year) and I have travelled to more than 15 countries with even no single day overstay. I had never broken any immigration law in my life. I used an agent by thinking he will more professionally fill my application. I sent him all the documents by an email and went on my business trip to China. The agent showed fake travel history of my wife by using fake stamps of Thailand and Malaysia, which were the reason for the cancellation of our visitor visas.

If you see my case, it was not required to show spouse travel history to get a visitor visa as my passport was so strong. If I have to use something fake, why I will use a country, where I never travelled to. But he was the habitually crooked agent. I paid him a small amount of Cad500 for just applying visa of my family. We were ready to accept even refusals also. But he was in the hope of growing his business and done this intentionally. Ultimately, it had all bad effect on me and my family.

He put me in big trouble. It has affected my career also. I am back to India with my family by obeying the Canadian laws. I have already applied for a Judicial review. I am totally innocent in this case. Even my mother visa also not stamped after approval, due to this reason.

There's more to this story than what you're telling us.

IRCC could not have cancelled the valid TRVs issued to you and your mother. Yes, if was possible to cancel the TRV of your wife for grounds of misrepresentation. But, for temporary resident visas/TRVS, an inadmissible family member would not result in inadmissibility of the other members of his/her family..... certainly not your mother.

It seems that each applicant in your family group had individually committed misrepresentation and/or you were found to be working illegally when you visited. We rarely find that someone is issued both an Exclusion Order + a 5-years' ban for misrepresentation. I cannot recall any such case in the last few years on here.

As a business owner, it's surprising that you were able to stay for three months at least + you sought to extend your stay. This indicates that you were not a genuine visitor. Anyway

My questions are -

1. What you think are the chances for Judicial review appeal

As your visas were cancelled when you were in Canada, you had 15 days to file a JR. This time allowed is over.

In any case, you don't have a chance to be successful in a JR

2. After completion of an exclusion order, can I try to reapply the visa as the ban is up to 5 years

You will not be issued any temporary/permanent visas to Canada until your 5 years' ban is over.

Even after that you can expect any application for temporary residence to be refused or intensive scrutiny/longer processing time in a best case scenario.

3. If after 1 year. I mention this in Australia visa, will they consider me or just refuse based on Canada

You don't have just a one year Exclusion Order, but a 5 years ban for misrepresentation which IMO is far more serious/has more serious repercussions than the Exclusion Order.

You would need to declare both i.e. the Exclusion Order and the 5 years ban for misrepresentation for your visas to other countries. Australia and Canada share immigration information.

Unfortunately, your chances of getting visas to other countries are practically zero. You might get lucky for visas to China and/or other VOA countries

 

[davinder_sandhu80]

There's more to this story than what you're telling us.

IRCC could not have cancelled the valid TRVs issued to you and your mother. Yes, if was possible to cancel the TRV of your wife for grounds of misrepresentation. But, for temporary resident visas/TRVS, an inadmissible family member would not result in inadmissibility of the other members of his/her family..... certainly not your mother.

It seems that each applicant in your family group had individually committed misrepresentation and/or you were found to be working illegally when you visited. We rarely find that someone is issued both an Exclusion Order + a 5-years' ban for misrepresentation. I cannot recall any such case in the last few years on here.

As a business owner, it's surprising that you were able to stay for three months at least + you sought to extend your stay. This indicates that you were not a genuine visitor. Anyway



As your visas were cancelled when you were in Canada, you had 15 days to file a JR. This time allowed is over.

In any case, you don't have a chance to be successful in a JR



You will not be issued any temporary/permanent visas to Canada until your 5 years' ban is over.

Even after that you can expect any application for temporary residence to be refused or intensive scrutiny/longer processing time in a best case scenario.



You don't have just a one year Exclusion Order, but a 5 years ban for misrepresentation which IMO is far more serious/has more serious repercussions than the Exclusion Order.

You would need to declare both i.e. the Exclusion Order and the 5 years ban for misrepresentation for your visas to other countries. Australia and Canada share immigration information.

Unfortunately, your chances of getting visas to other countries are practically zero. You might get lucky for visas to China and/or other VOA countries

Dear Bryanna

Thanks for your detailed answer.

Yes, there is some more story. The thing is that when the time is bad everyone doubt on you.

I entered Canada with my family on valid with 6 month stay. Me and my family did not work illegally. After two months , I got a Job in Canada. For which I tried to apply for a work permit legally. For this, I flag poled to USA border and went to CBSA. My interview was good and they were ready to give me work permit. But once they tried to change my status, they found my visitor visa is cancelled. so they asked me to leave Canada. My visitor visa was cancelled, I did not know this. When I flagpole and back to CBSA , so I had no visa in my hand. I told them I will go back voluntarily.

Next day, I have taken some legal advice. I went again to Border with Lawyer there. We forced them to give chance to apply for a judicial review. So the CBSA person got irritated and issued me Exclusion order. Also, they gave me chance to apply for judicial review. Hope it is clear why I have Exclusion order + 5 years Ban. But If I do not fight then they were not ready to give me chance for Judicial review.

Before leaving Canada, I have applied already my Judicial review.

I was the Principal Applicant. so even my spouse have misrepresentation, I also got punished for it. For my mother, I am assuming, this may be the case as I was PA in the same case also. But real reason still do not know.

I heard this, If I applied through an Immigration consultant in Canada and the same problem occurred, the Government should cancel their license and also forgive us. Now the only problem is I used India agent. So nobody listens.

I am a genuine person and if God will support me, I will win my Judicial review. So thanks all ....

Thanks

 

[Bryanna]

Sorry. Your case is pretty confusing. Or else your lawyer (and the agent) have misguided you.

I entered Canada with my family on valid with 6 month stay. Me and my family did not work illegally. After two months , I got a Job in Canada. For which I tried to apply for a work permit legally. For this, I flag poled to USA border and went to CBSA. My interview was good and they were ready to give me work permit. But once they tried to change my status, they found my visitor visa is cancelled. so they asked me to leave Canada. My visitor visa was cancelled, I did not know this. When I flagpole and back to CBSA , so I had no visa in my hand. I told them I will go back voluntarily.

As you are from a visa-required country, you should have applied for a work permit. You could not have been issued a work permit at the border.

Next day, I have taken some legal advice. I went again to Border with Lawyer there. We forced them to give chance to apply for a judicial review.

1. Your lawyer could have applied for a judicial review without you going back to the border. Were you asked to leave within 24 hours after your attempt to flagpole?

2. To 'force' a border officer to prolong your stay sounds quite terrible. That's not the way immigration works!

So the CBSA person got irritated and issued me Exclusion order. Also, they gave me chance to apply for judicial review. Hope it is clear why I have Exclusion order + 5 years Ban. But If I do not fight then they were not ready to give me chance for Judicial review.

In any case, a judicial review will not work. It is unfortunate that you have been cheated by the agent (and possibly by the lawyer as well).

I was the Principal Applicant. so even my spouse have misrepresentation, I also got punished for it. For my mother, I am assuming, this may be the case as I was PA in the same case also. But real reason still do not know.

Something is still not quite right in all this. An inadmissible applicant for temporary residence would not render other family members as inadmissible too. And, again, not your mother.

It seems that each applicant has individually committed misrepresentation.

I would recommend you apply for GCMS/case notes for each application, not just for your wife's TRV application.

I heard this, If I applied through an Immigration consultant in Canada and the same problem occurred, the Government should cancel their license and also forgive us. Now the only problem is I used India agent. So nobody listens.

Not true.

Even if you had applied through a licensed immigration consultant (ICCRC registered) in Canada, you were responsible for checking any/every fact/document submitted for your application. BTW there are ICCRC registered immigration consultants in India as well - they could have helped you to apply. Anyway


Good luck

 

[ubfx]

Sorry. Your case is pretty confusing. Or else your lawyer (and the agent) have misguided you.



As you are from a visa-required country, you should have applied for a work permit. You could not have been issued a work permit at the border.



1. Your lawyer could have applied for a judicial review without you going back to the border. Were you asked to leave within 24 hours after your attempt to flagpole?

2. To 'force' a border officer to prolong your stay sounds quite terrible. That's not the way immigration works!



In any case, a judicial review will not work. It is unfortunate that you have been cheated by the agent (and possibly by the lawyer as well).



Something is still not quite right in all this. An inadmissible applicant for temporary residence would not render other family members as inadmissible too. And, again, not your mother.

It seems that each applicant has individually committed misrepresentation.

I would recommend you apply for GCMS/case notes for each application, not just for your wife's TRV application.



Not true.

Even if you had applied through a licensed immigration consultant (ICCRC registered) in Canada, you were responsible for checking any/every fact/document submitted for your application. BTW there are ICCRC registered immigration consultants in India as well - they could have helped you to apply. Anyway


Good luck

Want to add one more thing even if agent applied when he returned passport so how you accept your family passports with extra stamps as it is not possible he sent visas and stamps copies to IRCC and when passport went to embassy it had no stamps and they issued visa...

it simply looks like if AGENT did it so he forged with stamp on every passport either it doesn't make any sense that all family members visas got cancel due to WIFE history when they have all records of stamps and visas..

 

[Bryanna]

Want to add one more thing even if agent applied when he returned passport so how you accept your family passports with extra stamps as it is not possible he sent visas and stamps copies to IRCC and when passport went to embassy it had no stamps and they issued visa...

it simply looks like if AGENT did it so he forged with stamp on every passport either it doesn't make any sense that all family members visas got cancel due to WIFE history when they have all records of stamps and visas..

You have a point. His wife had never traveled before. So, it is strange if the OP did not see these fake stamps in her (otherwise blank) passport when it was returned.

Nothing adds up in this story!


1. OP sent the documents to the agent by email. It seems the agent submitted online applications. At what point were the fake stamps for Thailand and Malaysia put in the wife's passport? After passport request? Not possible + it would not have helped for a TRV approval.

2. Indian passport holders get VOA for Thailand, whereas for Malaysia it is an e-Visa. Both countries are very liberal in issuing visas.

3. Travel to Thailand and Malaysia do not count for a Canada TRV.

4. It's a bit difficult to believe that IRCC contacted the immigration offices of Thailand and Malaysia to confirm whether or not visas were issued to the OP's wife. It might happen for visas to other countries.

5. Assuming IRCC believed the Thai and Malaysian visas were fake, they would have investigated first (Read: Contacted immigration of Thailand and Malaysia) prior to issuing a TRV. This could have delayed the TRV processing a bit.

6. I think their TRVs were cancelled and they have been banned for some other reason

7. I could be completely wrong in my analysis. I recommend the OP must ask the agent for the Procedural Fairness letters or any other communication that was received from IRCC

 

[PMM]

Hi

You have a point. His wife had never traveled before. So, it is strange if the OP did not see these fake stamps in her (otherwise blank) passport when it was returned.

Nothing adds up in this story!


1. OP sent the documents to the agent by email. It seems the agent submitted online applications. At what point were the fake stamps for Thailand and Malaysia put in the wife's passport? After passport request? Not possible + it would not have helped for a TRV approval.

2. Indian passport holders get VOA for Thailand, whereas for Malaysia it is an e-Visa. Both countries are very liberal in issuing visas.

3. Travel to Thailand and Malaysia do not count for a Canada TRV.

4. It's a bit difficult to believe that IRCC contacted the immigration offices of Thailand and Malaysia to confirm whether or not visas were issued to the OP's wife. It might happen for visas to other countries.

5. Assuming IRCC believed the Thai and Malaysian visas were fake, they would have investigated first (Read: Contacted immigration of Thailand and Malaysia) prior to issuing a TRV. This could have delayed the TRV processing a bit.

6. I think their TRVs were cancelled and they have been banned for some other reason

7. I could be completely wrong in my analysis. I recommend the OP must ask the agent for the Procedural Fairness letters or any other communication that was received from IRCC

1, CBSA has it's own document examination lab, as well there are books of genuine visas available to the officers and their security features, no need to contact Thailand or Malaysia.

 

[Bryanna]

1, CBSA has it's own document examination lab, as well there are books of genuine visas available to the officers and their security features, no need to contact Thailand or Malaysia.

Agreed. But, this story seems to have holes.

According to the OP, the agent prepared fake Thai and Malaysia entry stamps. With a 'blank' passport, IRCC had to verify only these two stamps in the wife's passport. Easy, right?


Questions:
1. Were the entry stamps put in the wife's passport after getting the passport request for an online application?


2. Regardless of the wife submitting an online/paper application, IRCC would have easily confirmed that these were fake entry stamps when her TRV application was being processed = Refused TRV (and issued a 5-years' ban for misrepresentation).

Here the wife (and others) were issued TRVs + allowed to travel, enter and stay in Canada for 3 months. It was only when the OP went to the border, he was informed that their TRVs had already been cancelled more than one month ago and that they had been banned for misrepresentation.


3. Shouldn't CBSA have issued removal orders knowing that the OP and his family were already in the country.... instead of waiting for the OP to leave Canada on his own... or instead of waiting for him to contact IRCC/CBSA to extend his stay. They informed him only when he attempted to flagpole for a WP.


4. Why were the other family members declared inadmissible as well?

 

[PMM]

Hi

Agreed. But, this story seems to have holes.

According to the OP, the agent prepared fake Thai and Malaysia entry stamps. With a 'blank' passport, IRCC had to verify only these two stamps in the wife's passport. Easy, right?


Questions:
1. Were the entry stamps put in the wife's passport after getting the passport request for an online application?


2. Regardless of the wife submitting an online/paper application, IRCC would have easily confirmed that these were fake entry stamps when her TRV application was being processed = Refused TRV (and issued a 5-years' ban for misrepresentation).

Here the wife (and others) were issued TRVs + allowed to travel, enter and stay in Canada for 3 months. It was only when the OP went to the border, he was informed that their TRVs had already been cancelled more than one month ago and that they had been banned for misrepresentation.


3. Shouldn't CBSA have issued removal orders knowing that the OP and his family were already in the country.... instead of waiting for the OP to leave Canada on his own... or instead of waiting for him to contact IRCC/CBSA to extend his stay. They informed him only when he attempted to flagpole for a WP.


4. Why were the other family members declared inadmissible as well?

1. Of course we are not hearing the whole story.
2. If the family was admitted and no document was issued, how would CBSA know where the family was residing? That they would have to know to contact them or report them.

 

[PMM]

Hi

Whatever the real story is man, Canada ain't the end of the world! Good people make bad decisions, there's no point in a judicial review as they will not remove your ban but if you have the time and resources, you sure can try. Imo however, your better off moving on. Prepare your application by yourself for Australia, make sure to mention the story from Canada and hope for the best. Good luck.

1. The following Federal Court decision: https://decisions.fct-cf.gc.ca/fc-cf/decisions/en/item/361888/index.do is probably the OP. Interesting reading.