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Apply for Visitor Visa after 5 year ban ended

Discussion in 'Visitors' started by AxeTank, Sep 14, 2018.

  1. #1 AxeTank, Sep 14, 2018 at 1:04 AM
    Last edited: Sep 14, 2018
    Hi, can my girlfriend apply for Visitor Visa after the ban is over? First, I will talk about the reason she got the five year ban. My girlfriend used other people's passport visited UK in October 2013, and been caught when she return back to Canada. Her status in Canada is an international student. However, the border officer allowed her to enter Canada at airport, but required to attend a hearing in Feb 2014. The result of the hearing is that she is banned for entering Canada in 3 years. She left in 30 days and the border officer didn't give her Certificate of Departure at airport's gate. The officer only asked her to sign a paper at the gate and he took the paper away with him. The 3 years is over in 2017 and she applied a visitor visa early September 2018. It is very wired that she got a refusal result saying the the ban is five years which will end Feb or Mar 2019. Since the ban will be over in few months, she will try again next year. Can you guys please give some suggestion how to prove that she will never do this again. This happened when she was 17 and she doesn't know how serious the consequence. She applied US visa in 2015 and got approved, she had good history of entering US and never overstayed. She never violate this kind of rules again from all other countries. Can you guys give some suggestion on applying visitor visa next year? How to make them believe that this kind of thing will never happen and what kind of documents will help her?

    The refusal letter:

    Thank you for your interest in visiting Canada. After careful review of your temporary resident visa application and supporting documentation, I have determined that your application does not meet the requirements of the Immigration and Refugee Protection Act (IRPA) and Immigration and Refugee Protection Regulations (IRPR). I am refusing your application on the following grounds:

    - At prior refusal, you were found inadmissible to Canada for misrepresentation. In accordance with paragraph 40(2)(a) of the immigration and Refugee Protection Act(IRPA), you remain inadmissible for a period of five years from the date of your prior refusal or from the date a previous removal order was enforced.

    You are welcome to reapply if you feel that you can respond to these concerns and can demonstrate that situation meets requirements. All new applications must be accompanied by a new processing fee.

    The refusal letter only show one reason which I wrote above. Does this mean the officier is happy with all other documents and this is the only reason he/she refuse the application?

    One more thing, her passport that contains US visa was damaged by her cat. Therefore, the one she send to apply Canada Visa is a new one and didn't contain the US visa and all those entering and exiting records. That US visa was granted for 10 years and she might need to apply for a new one.
     
  2. Not sure why your girlfriend traveled to/tried to enter the UK on a false document.... especially considering she had legit immigration status i.e. a study permit in Canada. Unfortunately, this mistake will forever continue to haunt her visa applications to any country.

    Was she caught at the UK airport for trying to enter on a false document? If that's the case, your girlfriend was banned from entering the UK for 10 years. She would need to declare this in any visa application she makes to Canada (and any other country) otherwise it could result in yet another 5 years' ban for misrepresentation. Canada and the UK share immigration data.


    Unfortunately, IMO, the chances of getting a TRV are slim to none. She can certainly try though.

    She would need to be honest and declare any previous visa/immigration violations to any country + an explanation to say she was a minor when she committed these mistakes.

    Hopefully, she has exceptionally strong ties to return to her country of residence + a genuine reason to visit for a short stay.


    No, it does not mean that the visa officer was happy with the other documents. It just means the 5 years' ban for misrepresentation is still in effect = Her previous TRV application was not assessed in any way.


    She would need to take her passport that contains the US visa to a US embassy/consulate. The consular officer will assess the damage and decide what needs to be done
     
    Buletruck and unlucky_chaser like this.

  3. Thank you alot for your reply, she didn't been caught at the UK airport, she been caught when returning back to Canada. So the chances of getting Canada visitor visa is nearly 0 percent? Even she has good entering and exiting now? In addition, how to prove strong ties to return to her country of residence? What kind of documents can best prove this? This is the first time she apply for Canada Visa and we don't know why the officer says that there is a previous TRV application.
     
  4. Yes due to the misrepresentation charge, her chances are zero because if she applies for a Canadian Visa right after her 5 years ban as ended which is too soon, her application can be refused. She should stay in her home country for preferably 1 or 2 years before applying. In the meantime, she should create home ties such as getting a job etc.
     
  5. Thank you for the explanation. The chances of getting Visa approved will gradually increase after the ban is over right? Or it will always stay zero? Will writing a letter for next application about the reason of misrepresentation and explanation saying that she was minor and didn't know the consequence will help her application a little bit? Since she already showed good behavior of entering and exiting other countries, will this good behavior help her getting Visa next year?
     
  6. It would be better if she doesn't apply for Visa for 1 or 2 years. She also needs to show that she is living in her home country longer than her visits to other countries. Good travel history doesn't always help but strong ties, good financial stability and a good reason to visit Canada will.
     
  7. Thank you for your reply. During the hearing which held in Feb 2014, the judge says that the ban will only last for three years. However, the the Visa Refusal letter says that it was five years. Is there may be some mistakes? How can I know is it three years or five years? Is there any documents show the length of ban? Can I email them to confirm when is the actual date that the ban will be over?
     
  8. The refusal letter you have from IRCC clearly states the refusal is 5 years from date of refusal or removal. It's pretty clear from that how long the ban is for.
     
  9. Not sure why the judge mentioned a ban of 3 years. Previously a ban for misrepresentation was for 2 years. It was never for 3 years. This rule was amended to 5 years in 2014
     
  10. The judge says that she was minor at that time, and didn't know the consequence. Therefore, the ban reduced to 3 years, this was what the judge said at the hearing. We are very confused why it become five years now, so I wonder if there is some mistakes about the information which the Visa Officer got.
     
  11. Nope. The chances of a TRV approval will not 'gradually increase after the ban is over'. In fact, she can expect unusual scrutiny and longer processing times whenever she applies for any visa.

    I'm guessing she was allowed into the country after her return from the UK in 2013 because she was a minor i.e. she was given an opportunity to explain her situation instead of being denied entry at the POE and bounced back to her country of nationality.


    This is not a simple visa refusal reason. Being banned for misrepresentation is a very serious matter as is traveling on a false document.

    She should consider herself incredibly lucky that she was not banned for 10 years for this violation. Nonetheless, IMO, she must NOT attempt applying for a UK visa at least 2023 i.e. 10 years after she entered/stayed in the UK.


    At the age of 17 years, she must have had a guardian/parent when she had a study permit. She was not advised against using a false travel document.

    I believe her chances of a TRV approval would increase with time. The longer she stays away from Canada in an attempt to build her ties to her country of residence/home country the better it would be: Employment (this does not mean applying for a TRV as soon as she gets a job) + property ownership or a down payment for a property + good travel history (not just to the US - again, incredibly lucky to have been granted a B1/B2) + good financial situation, etc
     
  12. I guessed as much.


    I would go with the 5 years' ban as stated in the refusal letter
     

  13. Thank you a lot for all the explanation and advises on future Visa application. Is there any way we can know the specific date that the ban date is over? Can we email them to know the date? She left Canada in 2014 March and never applied Canada Visa after, the refusal letter says that there is a previous application which seems also like a mistake. Therefore, how can we know when the specific date that the ban will be over?
     
  14. You can order GCMS notes for her TRV application.


    There's no mistake. In your first post here you said that she had applied for a TRV in early September and subsequently she received a TRV refusal letter that stated the ban was still in effect
     
  15. Okay, I understand now. I thought the officer is saying that there is another application before the early September one. Thanks for your time.
     

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