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Canadian Passport of Sponsor Clear Copy

Discussion in 'Visitors' started by robmarcelo, Nov 6, 2018.

  1. Hello,

    I applied TRV last month and I received the refusal letter today.

    Immigration and Refugee Protection Act
    16.1
    40 (1)
    Reason:
    The immigration officer states that I need to provide high quality color scan of the sponsor (brother) passport copy. And I need to write explanation letter of relationship.

    I want to know if I need to upload other documents apart on the high quality passport copy?

    Regards,
    Robert
     
  2. IMO, this matter could be far more serious than what you might think it is. Were the boxes for Section 16(1) and Section 40(1) checked in the refusal letter?

    If there was a problem with the quality of the scan, IRCC would have probably asked you to resubmit it. However, based on your post it seems you have been deemed inadmissible because of misrepresentation.

    To cite the laws from https://laws-lois.justice.gc.ca/eng/acts/I-2.5/section-40.html:
    Refusal under Section 16(1): For not being truthful
    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

    Refusal under Section 40(1): Determined to be inadmissible for misrepresentation
    Misrepresentation
    40 (1) A permanent resident or a foreign national is inadmissible for misrepresentation

    Did you receive a Procedural Fairness letter asking for a better quality scan? Or for any other reason?
     
    scylla likes this.
  3.  
  4. Hi Bryanna,

    Thanks for taking time to reply.

    IMO, this matter could be far more serious than what you might think it is. Were the boxes for Section 16(1) and Section 40(1) checked in the refusal letter? They weren’t check, it’s just mentioned on the letter.

    Yes, they asked me to send high quality passport copy of the sponsor. No other supporting documents required mentioned on the letter.

    Thanks again!
     
  5. Bryanna,

    After I submitted the required documents, what do you think might happen?

    Regards
    Robert
     
  6. You're lucky those boxes were not checked. Those reasons are part of the standard list of refusal reasons on the TRV refusal letter.


    You will need to reapply from scratch. You must include a good quality copy of your brother's passport + birth certificates of your brother and yourself (to prove you have the same parents = you are related to your brother by blood) + a short 2-3 line explanation referencing these evidence.

    In addition:
    Do make sure you intend to visit for a short stay (max. one month) + finances for your visit + strong ties to your country of residence
     
  7. I’m sorry I received a letter of procedural fairness letter. Do I need to start from scratch to apply TRV again?
     
  8. What did the letter say? This could be quite serious.
     
  9. This is the full procedural fairness letter:


    This refers to your application for a Temporary Resident Visa. Your application and all of the documents you submitted in support of it have been reviewed and it appears that you may not meet the requirements for immigration to Canada. Subsection 11(1) of the Immigration and Refugee Protection Act (IRPA) provides that a foreign national must, before entering Canada, apply to an officer for a visa or any other document required by the Immigration and Refugee Protection 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 the Act. I have concerns that you have not fulfilled the requirement put upon you by subsection 16(1) and paragraph 40(1)(a) 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 reasonable requires. 40(1) A permanent resident or 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. Specifically, I have concerns about the genuineness of the Canadian passport copy of your sponsor which you have provided in support of your application. Please note that you must provide a high quality colour scan of your sponsor’s Canada passport and an explanation of your relationship. Please note that if it is found that you have engaged in misrepresentation in submitting your application for a Temporary Resident Visa, 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) which states:
     
  10. What you've pasted cuts off at the end there. It will tell you how to submit a better quality scan of your sponsor's passport and the explanation of your relationship. You must respond in the way the letter explains, or else you will be banned from Canada for 5 years.
     
    scylla likes this.
  11. Thanks for your reply.

    Do I need to send the birth certificate copy for both as a proof of relationship?
     
  12. Simply put, they think the Canadian passport you submitted is fake. As said above, you absolutely must respond and address their concerns or you'll end up with a refusal and a 5 year ban from Canada.
     
    robmarcelo likes this.
  13. I am applying thru online application with my spouse and two kids. Do I need to send explanation email separately for every applicant or it can be in one email for all of us?

    Thanks!
     
  14. Thanks!

    I uploaded high quality color copy of the canadian passport via Online Application portal.

    I will send a separate email to the Immigration Officer.
     
  15. I would recommend you send the birth certificates as well to prove your relationship + an explanation.

    This is a very serious matter. You would not want to risk sending a hurried response to the Procedural Fairness letter
     
    scylla likes this.

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