+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

5 year ban

Helican

Champion Member
Aug 18, 2017
1,713
372
India
Visa Office......
bangalore
VISA ISSUED...
08-17-2017
LANDED..........
Sept 2, 2017
I have reviewed your application and documents you submitted in its support. Subsection 11(1) of the Immigration and Refugee Protection Act provides that a foreign national must, before entering Canada, apply to an officer for a visa or any other document required by the Regulations. The visa or document shall be issued if, following an examination, the officer is satisfied that the foreign national is not inadmissible and meets the requirements of this Act.

I have concerns that you have not fulfilled the requirement put upon you by section 16(1) of the Immigration and Refugee Protection Act, which states:

16(1) A person who makes an application must answer truthfully all questions put to them for the purpose of the examination and must produce a visa and all relevant evidence and documents that the officer reasonably requires.

I have concerns that you misrepresented your (or your financial sponsor’s) current employment and the source of funding for your proposed studies in Canada. You did so both in your answers on the application form and through the submission of fraudulent employment and/or financial sponsorship documents.

Furthermore, pursuant to paragraph 10(2)(c.1) of the Immigration and Refugee Protection Regulations:

10(2) The application shall, unless otherwise provided by these Regulations

(c.1) if the applicant is represented in connection with the application, include the name, postal address and telephone number, and fax number and electronic mail address, if any, of any person or entity — or a person acting on its behalf — representing the applicant

Based on your submissions, I have concerns that you have omitted to declare that you used a compensated representative to facilitate the submission of your application. Your application contains evidence that it was facilitated by the same person or entity as many other applications received by this office. Based on our research this is a compensated representative. I therefore have concerns that you misrepresented this information either through omission or through failing to indicate that the representative was compensated.


Please note that if it is found that you have engaged in misrepresentation in submitting your application, you may be found to be inadmissible under section 40(1)(a) of the Immigration and Refugee Protection Act. A finding of such inadmissibility would render you inadmissible to Canada for a period of five years according to section 40(2)(a):

40(1) A permanent resident or a foreign national is inadmissible for misrepresentation (a) for directly or indirectly misrepresenting or withholding material facts relating to a relevant matter that induces or could induce an error in the administration of this Act

40(2) The following provisions govern subsection (1): (a) 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) or, in the case of determination in Canada, the date the removal order is enforced.

I would like to give you an opportunity to respond to this information. I will afford you fifteen (15) days from the date of this letter to make any representations in this regard. Please use the address noted on this letter for all correspondence, and clearly indicate your file number. If you do not respond to this request within the time outlined above, your application will be assessed based on the information available, which will likely result in a refusal.

Thank you for the interest you have shown in Canada.
Firstly, was the using a representative form completed. If completed, what did you agent tick there? compensation or others???
 

scylla

VIP Member
Jun 8, 2010
92,982
20,571
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Firstly, was the using a representative form completed. If completed, what did you agent tick there? compensation or others???
This situation has already been discussed extensively in another thread. OP lied in the application and was correctly issued a misrepresentation ban. OP failed to declare the agent in the original application. IRCC then issued a fairness letter providing OP with the opportunity to correct this information. OP once again falsely said that no agent was used. IRCC then denied the application for misrepresentation and issued a 5 year ban. OP has been told there is nothing that can be done and to forget about Canada for five years.
 
  • Like
Reactions: Johnsnow 007

scylla

VIP Member
Jun 8, 2010
92,982
20,571
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Why would you lie that an agent was used? Doesnt make sense.
100% agreed. And not just lied in the original application - but lied a second time when a fairness letter was received from IRCC.
 

Helican

Champion Member
Aug 18, 2017
1,713
372
India
Visa Office......
bangalore
VISA ISSUED...
08-17-2017
LANDED..........
Sept 2, 2017
This situation has already been discussed extensively in another thread. OP lied in the application and was correctly issued a misrepresentation ban. OP failed to declare the agent in the original application. IRCC then issued a fairness letter providing OP with the opportunity to correct this information. OP once again falsely said that no agent was used. IRCC then denied the application for misrepresentation and issued a 5 year ban. OP has been told there is nothing that can be done and to forget about Canada for five years.
Well then, CIC did the right thing. too bad for the applicant.
 

Toludadon

Newbie
Jun 17, 2017
6
0
I have reviewed your application and documents you submitted in its support. Subsection 11(1) of the Immigration and Refugee Protection Act provides that a foreign national must, before entering Canada, apply to an officer for a visa or any other document required by the Regulations. The visa or document shall be issued if, following an examination, the officer is satisfied that the foreign national is not inadmissible and meets the requirements of this Act.

I have concerns that you have not fulfilled the requirement put upon you by section 16(1) of the Immigration and Refugee Protection Act, which states:

16(1) A person who makes an application must answer truthfully all questions put to them for the purpose of the examination and must produce a visa and all relevant evidence and documents that the officer reasonably requires.

I have concerns that you misrepresented your (or your financial sponsor’s) current employment and the source of funding for your proposed studies in Canada. You did so both in your answers on the application form and through the submission of fraudulent employment and/or financial sponsorship documents.

Furthermore, pursuant to paragraph 10(2)(c.1) of the Immigration and Refugee Protection Regulations:

10(2) The application shall, unless otherwise provided by these Regulations

(c.1) if the applicant is represented in connection with the application, include the name, postal address and telephone number, and fax number and electronic mail address, if any, of any person or entity — or a person acting on its behalf — representing the applicant

Based on your submissions, I have concerns that you have omitted to declare that you used a compensated representative to facilitate the submission of your application. Your application contains evidence that it was facilitated by the same person or entity as many other applications received by this office. Based on our research this is a compensated representative. I therefore have concerns that you misrepresented this information either through omission or through failing to indicate that the representative was compensated.


Please note that if it is found that you have engaged in misrepresentation in submitting your application, you may be found to be inadmissible under section 40(1)(a) of the Immigration and Refugee Protection Act. A finding of such inadmissibility would render you inadmissible to Canada for a period of five years according to section 40(2)(a):

40(1) A permanent resident or a foreign national is inadmissible for misrepresentation (a) for directly or indirectly misrepresenting or withholding material facts relating to a relevant matter that induces or could induce an error in the administration of this Act

40(2) The following provisions govern subsection (1): (a) 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) or, in the case of determination in Canada, the date the removal order is enforced.

I would like to give you an opportunity to respond to this information. I will afford you fifteen (15) days from the date of this letter to make any representations in this regard. Please use the address noted on this letter for all correspondence, and clearly indicate your file number. If you do not respond to this request within the time outlined above, your application will be assessed based on the information available, which will likely result in a refusal.

Thank you for the interest you have shown in Canada.
It's clear that the agent you used tendered same documents for you as well as so many others, so CIC are aware that all the applicants that presented same documents must have been from same agent. Moral of this is that never trust agents, most of them are crooks and will only land you a ban because they use same bank , sponsorship and employment documents for all their clients
 

scylla

VIP Member
Jun 8, 2010
92,982
20,571
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
It's clear that the agent you used tendered same documents for you as well as so many others, so CIC are aware that all the applicants that presented same documents must have been from same agent. Moral of this is that never trust agents, most of them are crooks and will only land you a ban because they use same bank , sponsorship and employment documents for all their clients
Bigger moral of the story is much simpler. Don't lie in your application.
 

Babatunde1

Newbie
Dec 16, 2018
1
0
Please I need help I fill form today and I was sent a message of congratulation that I should be waiting for ITA to submit my documents , but the issue is that I the company I work for did not give me offer latter because I worked as casual .
Now what can I do before I will request to submit document to avoid ban please I need reply.thanks
 

scylla

VIP Member
Jun 8, 2010
92,982
20,571
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Please I need help I fill form today and I was sent a message of congratulation that I should be waiting for ITA to submit my documents , but the issue is that I the company I work for did not give me offer latter because I worked as casual .
Now what can I do before I will request to submit document to avoid ban please I need reply.thanks
If you are asking about ITA then you have posted to the wrong section of the forum. You need to post to the Express Entry section of the forum.
 

Majed-bq97

Star Member
Dec 2, 2018
72
14
Do you know guys anyone who had received this Procedural Letter and still got the visa ?
Seems like a lot just don’t get it.
 

scylla

VIP Member
Jun 8, 2010
92,982
20,571
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
I wanna tell u about my own ban ,I don’t even know the reason for the ban
Based on your other post, it looks like you applied through an agent. The agent must have either included fraudulent documents in your application or failed to declare a past visa refusal. This is why you now have a 5 year ban. You should order your GCMS notes to find out the reason for the ban.
 

Lobra

Newbie
Feb 28, 2019
2
0
Based on your other post, it looks like you applied through an agent. The agent must have either included fraudulent documents in your application or failed to declare a past visa refusal. This is why you now have a 5 year ban. You should order your GCMS notes to find out the reason for the ban.


Okay ,is there a means of lifting the ban for me ,and if I am married too by my fiancé in Canada will it still work ?
 

scylla

VIP Member
Jun 8, 2010
92,982
20,571
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Okay ,is there a means of lifting the ban for me ,and if I am married too by my fiancé in Canada will it still work ?
No - there really isn't any means of lifting the ban. Unfortunately you won't be able to apply to Canada for five years.