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Foreign Work Permit Refusal

Sajuctg

Newbie
Mar 19, 2019
3
0
In my refusal latter it says,

Dear MOHAMMAD SHAHAJAHAN SAJU
Thank you for your interest in working in CANADA. After careful review of your work permit application and supporting documentation under the Temporary Foreign Worker Program, 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 apolication on the following grounds:

You have been found inadmissible to Canada in accordance with paragraph 40 (1)(a) of the Immigration and Refugee Protection Act (IRPA) for directly or indirectly representing or withholding material facts relating to a relevant matter that induces or could induce an error in the administration of the IRPA. In accordance with paragraph A40 (2)(a), you will remain admissible to Canada for a period of five years from the date of this letter 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 your situation meets the requirements. All new applications must be
accompanied by a new processing fee.

I am not clear what was the problem and what should I do now. Should I appeal through a lawyer?

Please Help
 

scylla

VIP Member
Jun 8, 2010
92,893
20,518
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
In my refusal latter it says,

Dear MOHAMMAD SHAHAJAHAN SAJU
Thank you for your interest in working in CANADA. After careful review of your work permit application and supporting documentation under the Temporary Foreign Worker Program, 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 apolication on the following grounds:

You have been found inadmissible to Canada in accordance with paragraph 40 (1)(a) of the Immigration and Refugee Protection Act (IRPA) for directly or indirectly representing or withholding material facts relating to a relevant matter that induces or could induce an error in the administration of the IRPA. In accordance with paragraph A40 (2)(a), you will remain admissible to Canada for a period of five years from the date of this letter 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 your situation meets the requirements. All new applications must be
accompanied by a new processing fee.

I am not clear what was the problem and what should I do now. Should I appeal through a lawyer?

Please Help
If you don't know why you were banned for misrepresentation, then you should order your GCMS notes to find out. They will take around 30 days to arrive.

Misrepresentations are a serious matter and are only given when there was something quite wrong with your application. The most common reasons we see here for misrepresentation bans are not listing previous visa refusals in the application to Canada or any other country - and fraudulent documents. Are you sure your job offer / LMIA was real?

Generally speaking, it's next to impossible to lift a misrepresentation ban. If you want to try to lift the misrepresentation ban then yes, you would need to hire a lawyer. However before you do that, I would find out why you were banned. If you were correctly banned for misrepresentation, there's no point spending money on a lawyer to appeal.
 

Sajuctg

Newbie
Mar 19, 2019
3
0
If you don't know why you were banned for misrepresentation, then you should order your GCMS notes to find out. They will take around 30 days to arrive.

Misrepresentations are a serious matter and are only given when there was something quite wrong with your application. The most common reasons we see here for misrepresentation bans are not listing previous visa refusals in the application to Canada or any other country - and fraudulent documents. Are you sure your job offer / LMIA was real?

Generally speaking, it's next to impossible to lift a misrepresentation ban. If you want to try to lift the misrepresentation ban then yes, you would need to hire a lawyer. However before you do that, I would find out why you were banned. If you were correctly banned for misrepresentation, there's no point spending money on a lawyer to appeal.
Dear
Thanks for your reply, are you sure that I m banned for five years? Coz in letter any where I don’t see misrepresentation word. For your kind information that I already order GCMS notes to find out.
 

scylla

VIP Member
Jun 8, 2010
92,893
20,518
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Dear
Thanks for your reply, are you sure that I m banned for five years? Coz in letter any where I don’t see misrepresentation word. For your kind information that I already order GCMS notes to find out.
Here's the part that says you are banned due to misrepresentation:

You have been found inadmissible to Canada in accordance with paragraph 40 (1)(a) of the Immigration and Refugee Protection Act (IRPA) for directly or indirectly representing or withholding material facts relating to a relevant matter that induces or could induce an error in the administration of the IRPA. In accordance with paragraph A40 (2)(a), you will remain admissible to Canada for a period of five years from the date of this letter or from the date a previous removal order was enforced.
 
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Sajuctg

Newbie
Mar 19, 2019
3
0
Here's the part that says you are banned due to misrepresentation:

You have been found inadmissible to Canada in accordance with paragraph 40 (1)(a) of the Immigration and Refugee Protection Act (IRPA) for directly or indirectly representing or withholding material facts relating to a relevant matter that induces or could induce an error in the administration of the IRPA. In accordance with paragraph A40 (2)(a), you will remain admissible to Canada for a period of five years from the date of this letter or from the date a previous removal order was enforced.
Thanks
Let u know
Here's the part that says you are banned due to misrepresentation:

You have been found inadmissible to Canada in accordance with paragraph 40 (1)(a) of the Immigration and Refugee Protection Act (IRPA) for directly or indirectly representing or withholding material facts relating to a relevant matter that induces or could induce an error in the administration of the IRPA. In accordance with paragraph A40 (2)(a), you will remain admissible to Canada for a period of five years from the date of this letter or from the date a previous removal order was enforced.
Thanks

Ok, let u know what will happen.