My wife has applied under federal Skilled worker in 2015 and she got a letter in November 2015 with 5 years ban with below letter.
Dear XXXXX: This refers to your application for permanent residence in Canada.
| have now completed the assessment of your application and | have determined that you do not qualify for the issuance of a permanent resident visa to Canada.
Section 40(1)(a) of the Immigration and Refugee Protection Act states that a foreign national is inadmissible for misrepresentation 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. Section 40(2)(a) subsection (1) of the Immigration and Refugee Protection Act specifies that (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; and Section 40(3) of the Immigration and Refugee Protection Act specifies that the foreign national who is inadmissible under this section may not apply for permanent resident status during the period referred to in paragraph (2)(a).
Your application for permanent residence was received on June 19, 2014. Having assessed all the information provided by you, the information obtained through verifications conducted by this office and your response to our letter dated October 17, 2015, | have concluded that you have misrepresented or withheld material facts related to your stated work experience with Aditya Infotech Ltd.
The misrepresentation or withholding of this material fact induced, or could have induced errors in the administration of the Act in you meeting the requirements, as points could have been awarded points for work experience which may have erroneously resulted in a positive decision on your application for permanent residence in Canada.
As aresult, you are inadmissible to Canada for a period of five years from the date of this letter.
Section 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.
For the reasons set out above, | am satisfied that you are inadmissible and | am therefore refusing your application.
Now my wife wants to apply again on student visa after completing 5 years ban. Will she be eligible to apply again under student visa to Canada or not.
Kindly provide me the suggestions as per above mention clauses of 5 years ban received earlier.
Thanks & Regards.
Syed
Dear XXXXX: This refers to your application for permanent residence in Canada.
| have now completed the assessment of your application and | have determined that you do not qualify for the issuance of a permanent resident visa to Canada.
Section 40(1)(a) of the Immigration and Refugee Protection Act states that a foreign national is inadmissible for misrepresentation 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. Section 40(2)(a) subsection (1) of the Immigration and Refugee Protection Act specifies that (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; and Section 40(3) of the Immigration and Refugee Protection Act specifies that the foreign national who is inadmissible under this section may not apply for permanent resident status during the period referred to in paragraph (2)(a).
Your application for permanent residence was received on June 19, 2014. Having assessed all the information provided by you, the information obtained through verifications conducted by this office and your response to our letter dated October 17, 2015, | have concluded that you have misrepresented or withheld material facts related to your stated work experience with Aditya Infotech Ltd.
The misrepresentation or withholding of this material fact induced, or could have induced errors in the administration of the Act in you meeting the requirements, as points could have been awarded points for work experience which may have erroneously resulted in a positive decision on your application for permanent residence in Canada.
As aresult, you are inadmissible to Canada for a period of five years from the date of this letter.
Section 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.
For the reasons set out above, | am satisfied that you are inadmissible and | am therefore refusing your application.
Now my wife wants to apply again on student visa after completing 5 years ban. Will she be eligible to apply again under student visa to Canada or not.
Kindly provide me the suggestions as per above mention clauses of 5 years ban received earlier.
Thanks & Regards.
Syed
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