family sponsorship

[hary1234]

Hi there i applied for my wife trv on in month of Jan,2019 after we got maaried in the month of Oct,2018 and got refusal on ground misrepresnation actaully my wife already visit canada between 2004-2009 and got one refusal in 2018 . In the form imm5257 there is question? have you been refused visa before? I put no instead of yes.. The Cic bars me for 5 years? In reply to them in proc fairness ..I said it was error made by wife without any intention and I apologies to them but they inadmissible my wife for 5 years. My question is that.. Can i apply my wife family sponsorship appliacation? If can?If they refuse my family class aplication..will they give me chance to file Appeal to IAD? or should i go for judical review?
Pls suggests me..
thanks

 

[scylla]

Hi there i applied for my wife trv on in month of Jan,2019 after we got maaried in the month of Oct,2018 and got refusal on ground misrepresnation actaully my wife already visit canada between 2004-2009 and got one refusal in 2018 . In the form imm5257 there is question? have you been refused visa before? I put no instead of yes.. The Cic bars me for 5 years? In reply to them in proc fairness ..I said it was error made by wife without any intention and I apologies to them but they inadmissible my wife for 5 years. My question is that.. Can i apply my wife family sponsorship appliacation? If can?If they refuse my family class aplication..will they give me chance to file Appeal to IAD? or should i go for judical review?
Pls suggests me..
thanks

No - unfortunately you cannot apply to sponsor your wife through family sponsorship because she is inadmissible to Canada. She will have to remain outside of Canada and wait out the five year ban before you will be able to sponsor her for PR. Appealing the refused sponsorship application through IAD or judicial review will still result in a refusal because she is inadmissible to Canada.

Your only way to try to fix this situation now is to try to get the ban overturned with the help of an excellent lawyer. However I haven't seen anyone here be successful in overturning a ban. In your wife's case, the misrepresentation ban was correctly applied since she failed to list a refusal. So I'm not sure what argument there would be for overturning the ban. Having said that, you can certainly consult with a lawyer.

 

[Buletruck]

Having actually admitted your wife’s failure to list her previous refusal and apologizing for it in the PFL is essentially an admission of guilt. I don’t think that would bode well for you in a judicial review either.