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5 year ban

Discussion in 'Visitors' started by dhaliwal86, Aug 9, 2018.

  1. I am Canadian citizen. I filed for family based immigration for my parents (father, mother and sister) from India. After along wait of 5 years, application was rejected due to misrepresentation. They asked for a DNA test and bummer, DNA of sister did not match. Of Couse she was adopted at birth, but all her documents since birth showed her as legitimate child. They were banned for 5 years. The sister then moved to Australia. My mother was able to get US visitor visa but father's US visitor visa had been refused 3 times.

    My questions: Is the ban only on father (principal applicant) or the entire family. Is this the reason why his US visitor visa keeps getting refused. Can I now apply for my mother's canadian visitor visa or wait till the ban is over? Thanks in advance.
     
  2. Did your father declare his US visa refusal? All 3 times?
     
  3. Also did your parents submit any adoption papers for your sister?
     
  4. Ban is for the entire family. You have to wait until the ban is over before either your mother or father can apply for a TRV to Canada.
     
  5. If neither you or your mother know if she also is banned, why not apply anyway? You will soon discover the answer.
     
  6. #6 Bryanna, Aug 9, 2018 at 9:03 PM
    Last edited: Aug 9, 2018
    They are all inadmissible until the ban has passed. As per Section 42 of the IRPA, a foreign national, including an applicant who applied for permanent residence, is inadmissible on grounds of being an inadmissible family member i.e. the applicant and the accompanying family members are all inadmissible
     
  7. Why did your family lie about the adoption?
     
  8. Thanks for your reply. Yes, he did declare about canadian visa refusal. They were misguided by travel agent, hence did not declare adoption and ultimately paid the price for their lie.
     
  9. Did you declare that you have an adopted sister for your visas?
     
  10. Note that this must be read in conjunction with 42(2). The OP is referring to a TRV for the mother now.
    Misrepresentation is a Section 40 issue, not sections 34, 35 or 37.

    http://laws-lois.justice.gc.ca/eng/acts/I-2.5/section-42.html

    Inadmissible family member
    • 42 (1) A foreign national, other than a protected person, is inadmissible on grounds of an inadmissible family member if
      • (a) their accompanying family member or, in prescribed circumstances, their non-accompanying family member is inadmissible; or

      • (b) they are an accompanying family member of an inadmissible person.
    • Marginal note:Exception
      (2) In the case of a foreign national referred to in subsection (1) who is a temporary resident or who has made an application for temporary resident status or an application to remain in Canada as a temporary resident,
      • (a) the matters referred to in paragraph (1)(a) constitute inadmissibility only if the family member is inadmissible under section 34, 35 or 37; and

      • (b) the matters referred to in paragraph (1)(b) constitute inadmissibility only if the foreign national is an accompanying family member of a person who is inadmissible under section 34, 35 or 37.
     
  11. The OP's mother had applied for PR. She did not apply for temporary residence.

    The sub-section you quoted refers to the marginal exception if the foreign national had made an application for temporary residence/applied to remain in Canada as a temporary resident. This sub-section does not apply to misrepresentations committed in applications made for permanent residence. Therefore, Section 42(2) is not applicable.

    The OP's father, mother and sister have been banned for 5 years. Any application they make - whether for PR or for temporary residence - will continue to be refused until the ban has passed.

    From the first post in this thread, the OP, too, is aware that his family has been banned but probably wanted a reaffirmation of the same. Further, his mom only needs to refer to the refusal letter for her PR application to confirm that she has been banned
     
    scylla likes this.
  12. Is his decision declare after 5 years ?
     
  13. The OP's post makes it clear that the OP doesn't know for sure that the non-primary applicants were also included in the 5 years misrepresentation ban, and that the mother would NOW like to apply for a TRV.
    Therefore, IF the mother was not included in a blanket ban for misrepresentation, 42(2) is relevant to a new TRV application.
     
  14. #14 Bryanna, Aug 11, 2018 at 10:37 PM
    Last edited: Aug 11, 2018
    I'm pretty sure this forum/this thread is not the first place that the OP has asked these questions.

    Also, if this news about his mom and sister being banned was something new, he would have been panicking and asking for desperate suggestions typically like what others do. We haven't seen any of that (unless he is a super calm person that's not affected by this ban LOL).

    The fact that his sister has already moved to Australia + his dad applied thrice for US visas after the ban..... means that it has been quite a while since they were banned. I'm guessing it's been more than one year since they were banned.


    The OP has made statements which indicate that he is aware that his mother and his sister were also banned. He wrote:
    1. 'They were banned for 5 years.'

    2. 'Can I now apply for my mother's canadian visitor visa or wait till the ban is over?'


    IRPA is very clear about misrepresentations made in a PR application.


    To cite Section 42 of the IRPA:
    Inadmissible Family Member
    According to Section 42 of the IRPA, a foreign national, other than a person granted refugee protection, is inadmissible on grounds of an inadmissible family member if:
    1. Their accompanying family member, or in prescribed circumstances, their non-accompanying family member is inadmissible; or

      2. They are an accompanying family member of an inadmissible person
     
    scylla likes this.

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