Got the invitation, but spouse has still a ban of 3 years

[paras1991]

Hi all

My friend got the invitation under CEC. however, his spouse has been banned till 2020 for misrepresentation. the ban was put when the spouse applied for open work permit as my friend was working under NOC A. however, the officer finds the job to be illegitimate as in the employment letter the mailing address of the company was put as the employer's home address (that's is actually the mailing address with CRA) and when the officer googled the address (as per GCMS notes), it was residential . T4, pay stubs and incorporation documents were provided, however still the officer put the ban

Now, the question is , what can my friend do? what options does he has?

Any thoughts will be appreciated.

Thanks guys

 

[mukulabd]

That's stupid of them to put a ban. Companies can have a home-office setup.

 

[paras1991]

Even the MP said the case is genuine and he is trying...

 

[canuck_in_uk]

Right now, the spouse is inadmissible, so your friend is inadmissible as well. They need to wait for the ban to be lifted to apply for PR.

 

[xpressentry]

The friend could apply alone and get the inadmissible spouse after 2020 once the spouse becomes admissible.

 

[canuck_in_uk]

The friend could apply alone and get the inadmissible spouse after 2020 once the spouse becomes admissible.

No, he can't. For the Principal Applicant to be admissible, ALL FAMILY MEMBERS, whether accompanying or not, must also be admissible.

 

[paras1991]

The friend could apply alone and get the inadmissible spouse after 2020 once the spouse becomes admissible.

How to apply alone?

 

[reayath]

Right now, the spouse is inadmissible, so your friend is inadmissible as well. They need to wait for the ban to be lifted to apply for PR.

True, but I think he can also try to apply, while the last stage of officer review applied they normally will send out a letter to the applicant saying: due to the inadmissibility of your spouse, you will be inadmissible unless further information submitted, which normally leads to ask the spouse to apply for ARC to reverse the inadmissibility and often it will be granted since your friend is invited to apply for PR, once ARC is granted, your friend and the spouse will both receive PR. It is similar to my case: my husband had a deportation order while I applied for PR, and later I receive the email asking him to apply for ARC, and soon I received PPR after his ARC was granted.

But I think it would be better for your friend to consult a immigration lawyer first, I went for one, charged $350 for the hour and she drafted the Letter of Explanation for me as well, I think it worth the money for the outcome.

I hope this can help your friend.

If you search ARC in the forum, you will find more similar discussions under Family Sponsorship

 

[olipearce1987]

Hi all

My friend got the invitation under CEC. however, his spouse has been banned till 2020 for misrepresentation. the ban was put when the spouse applied for open work permit as my friend was working under NOC A. however, the officer finds the job to be illegitimate as in the employment letter the mailing address of the company was put as the employer's home address (that's is actually the mailing address with CRA) and when the officer googled the address (as per GCMS notes), it was residential . T4, pay stubs and incorporation documents were provided, however still the officer put the ban

Now, the question is , what can my friend do? what options does he has?

Any thoughts will be appreciated.

Thanks guys

thats crazy, they got banned for entering the wrong address (even though in theory it was actually the wrong address), its hardly misleading, its a mistake and should of just been rejected surely!

 

[ssiddharthsuresh]

Hi all

My friend got the invitation under CEC. however, his spouse has been banned till 2020 for misrepresentation. the ban was put when the spouse applied for open work permit as my friend was working under NOC A. however, the officer finds the job to be illegitimate as in the employment letter the mailing address of the company was put as the employer's home address (that's is actually the mailing address with CRA) and when the officer googled the address (as per GCMS notes), it was residential . T4, pay stubs and incorporation documents were provided, however still the officer put the ban

Now, the question is , what can my friend do? what options does he has?


Any thoughts will be appreciated.

Thanks guys

Banned for including a residential address as mailing address? That is totally weird. My employer has his business address as his residential address but also mentioned the address of the location/convenience store that I am working in.He owns the store and since it's a franchise, he needs to mention his company's business name and address which is his residential address. I am worried now since there are rejections for such reasons....

 

[Sara92]

That's so weird for me. So what if employer has construction company and doesn't have company adress because there is no store etc, in construction you work wherever is contract and ten it is only residential adress where employer live ?

 

[canuck_in_uk]

How to apply alone?

Divorce.

True, but I think he can also try to apply, while the last stage of officer review applied they normally will send out a letter to the applicant saying: due to the inadmissibility of your spouse, you will be inadmissible unless further information submitted, which normally leads to ask the spouse to apply for ARC to reverse the inadmissibility and often it will be granted since your friend is invited to apply for PR, once ARC is granted, your friend and the spouse will both receive PR.

I am also in same situation, an inadmissible family member ( more 3 and half years for the ban to be finished for my wife, but I am eligible for express entry through cec and have 460 points). May I know what are the chances for the success of ARC for inadmissible family member ?

ARCs overcome removal orders, not misrepresentation bans. The ban must either be served in full or overturned.

 

[paras1991]

So, if he divorce his wife..then how she gonna come here??

 

[canuck_in_uk]

So, if he divorce his wife..then how she gonna come here??

She would need to qualify independently to immigrate. He would never be able to sponsor her.

 

[pacificislander]

Divorce? Wow. That's a desperate move. Although technically correct, there's no way he can immigrate with his wife.