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Misrepresentation+5 Years inadmissibility

meyti

Full Member
Oct 16, 2017
20
4
Dear all. Please help me.

I live in Canada from 2014 and I have post graduation work permit valid up to 2020. I applied for Canadian VISA from inside Canada at 2017. Unintentionally, I did not mention my previous USA visa rejection in the VISA application form. Unfortunately, I got five years inadmissibility to Canada due to misrepresentation.

Here is the letter I received:

"you will remain inadmissible to Canada for a period of five years from the date of this letter or from the date a previous removal order was enforced."

Here are my questions:
1) I do not know that when do I have to leave Canada! Can I stay in Canada up to end of my post graduation work permit? nothing mentioned related to a removal order in the letter that I received.

2) I know french language and I have Canadian post graduate degree, so I can apply for permanent residency. If I apply for permanent residency after finishing 5 years inadmissibility period, Do you think that is there any chance to get permanent residency with a misrepresentation in background?

3) I do not see my future in Canada. If I go to Europe or Australia, having a misrepresentation in my background can affect my visa process or permanent residency of other counties?

Any information, experience is a big assets.
Thanks
 

Riar1992

Hero Member
Jun 29, 2017
344
92
Dear all. Please help me.

I live in Canada from 2014 and I have post graduation work permit valid up to 2020. I applied for Canadian VISA from inside Canada at 2017. Unintentionally, I did not mention my previous USA visa rejection in the VISA application form. Unfortunately, I got five years inadmissibility to Canada due to misrepresentation.

Here is the letter I received:

"you will remain inadmissible to Canada for a period of five years from the date of this letter or from the date a previous removal order was enforced."

Here are my questions:
1) I do not know that when do I have to leave Canada! Can I stay in Canada up to end of my post graduation work permit? nothing mentioned related to a removal order in the letter that I received.

2) I know french language and I have Canadian post graduate degree, so I can apply for permanent residency. If I apply for permanent residency after finishing 5 years inadmissibility period, Do you think that is there any chance to get permanent residency with a misrepresentation in background?

3) I do not see my future in Canada. If I go to Europe or Australia, having a misrepresentation in my background can affect my visa process or permanent residency of other counties?

Any information, experience is a big assets.
Thanks
Did you mention usa refusal in your previous application i mean in study permit or post grad permit ?
if you did you can hire a good immigration lawyer may be he can help you that u did not wanna hide it was just oversight.
 

meyti

Full Member
Oct 16, 2017
20
4
Did you mention usa refusal in your previous application i mean in study permit or post grad permit ?
if you did you can hire a good immigration lawyer may be he can help you that u did not wanna hide it was just oversight.
Hi, Thank you for your response.
None of them. I have already a valid work permit and I live in Canada. I just applied for a VISA from inside Canada. I know that I can go to court however I do not think the court can change this decision.
 
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Wonderland_1010

Champion Member
Aug 24, 2015
1,822
382
Regina, SK
Category........
PNP
Dear all. Please help me.

I live in Canada from 2014 and I have post graduation work permit valid up to 2020. I applied for Canadian VISA from inside Canada at 2017. Unintentionally, I did not mention my previous USA visa rejection in the VISA application form. Unfortunately, I got five years inadmissibility to Canada due to misrepresentation.

Here is the letter I received:

"you will remain inadmissible to Canada for a period of five years from the date of this letter or from the date a previous removal order was enforced."

Here are my questions:
1) I do not know that when do I have to leave Canada! Can I stay in Canada up to end of my post graduation work permit? nothing mentioned related to a removal order in the letter that I received.

2) I know french language and I have Canadian post graduate degree, so I can apply for permanent residency. If I apply for permanent residency after finishing 5 years inadmissibility period, Do you think that is there any chance to get permanent residency with a misrepresentation in background?

3) I do not see my future in Canada. If I go to Europe or Australia, having a misrepresentation in my background can affect my visa process or permanent residency of other counties?

Any information, experience is a big assets.
Thanks
1. Since you're banned for 5 years, CIC will issue a removal order regardless whether you have status as a worker till 2020.

2. If you have enough qualifications and work experience after 5 years, then yes you may apply for PR but you must declare that you were caught with misrepresentation.

3. Yes having being banned from Canada for 5 years can affect other countries visa process especially Australia as they are quite strict about this.

You don't have any options at this point and wait out the 5 years ban in your home country.
 

meyti

Full Member
Oct 16, 2017
20
4
1. Since you're banned for 5 years, CIC will issue a removal order regardless whether you have status as a worker till 2020.

2. If you have enough qualifications and work experience after 5 years, then yes you may apply for PR but you must declare that you were caught with misrepresentation.

3. Yes having being banned from Canada for 5 years can affect other countries visa process especially Australia as they are quite strict about this.

You don't have any options at this point and wait out the 5 years ban in your home country.
Thank you so much for your response. I understand but would you kindly inform how much it takes time to get the removal order. how will I get?Is there any link in CIC that can give me about it?
Bests
 

meyti

Full Member
Oct 16, 2017
20
4
It’s in effect now. From the date of the letter you are inadmissible. You have about 30days to leave.
Thanks for your response. Can you give me a link that shows 30 days time frame? There is nothing in the letter that I received. I copy and past the whole it:

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 misrepresenting 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
inadmissible to Canada for a period of five years from the date of this letter or from the date a
previous removal order was enforced.
 

Wonderland_1010

Champion Member
Aug 24, 2015
1,822
382
Regina, SK
Category........
PNP
Thanks for your response. Can you give me a link that shows 30 days time frame? There is nothing in the letter that I received. I copy and past the whole it:

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 misrepresenting 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
inadmissible 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 under exclusion order which prevent you from entering into Canada for 5 years. This takes affect from the day you receive the misrepresentation letter. I suggest you tie up all ends in Canada as soon as possible
 

ashuindian

VIP Member
Jan 5, 2016
8,139
2,014
India
Visa Office......
NDVO
NOC Code......
2282
App. Filed.......
4Jan16
Nomination.....
01Jun16
AOR Received.
17Jan17
File Transfer...
09 Feb17
Med's Request
08 Jun17
Med's Done....
13 Jun17
Passport Req..
05-03-2018
VISA ISSUED...
22-03-2018
LANDED..........
15-05-2018
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meyti

Full Member
Oct 16, 2017
20
4
Dear all,
I can stay up to end of my work permit. I verified with immigration office. Thanks for your responses.
Bests,
Mahdi.
 
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Chahal007

Full Member
Oct 19, 2017
25
12
Hi friends,
I was accused of misrepresentation by visa officer last month and got procedural fairness letter. i responded and told the truth about my mistake. and today i got response that there will be no ban for misrepresentation and have to apply for application again.
I just wanted to say that try to speak the truth when you get a chance form IRCC. they do listen.
 

Binabik

Star Member
Aug 15, 2017
159
53
Canada
Hi friends,
I was accused of misrepresentation by visa officer last month and got procedural fairness letter. i responded and told the truth about my mistake. and today i got response that there will be no ban for misrepresentation and have to apply for application again.
I just wanted to say that try to speak the truth when you get a chance form IRCC. they do listen.
Good to know, thanks for your feedback. Just to know, what misrepresentation you were accused of?
 

Chahal007

Full Member
Oct 19, 2017
25
12
Good to know, thanks for your feedback. Just to know, what misrepresentation you were accused of?
i started working in my company in 2015, and my manager promoted me to supervisor position in may 2016, but he didn't send all the information to head office for another few months. so during call from IRCC head office gave the different dates for employment thn i gave in my application. so I was accused that I didn't have the experience that i mentioned in my file.
 

markhamboy

Newbie
Sep 7, 2018
4
0
Dear all,
I can stay up to end of my work permit. I verified with immigration office. Thanks for your responses.
Bests,
Mahdi.
Hi Mahdi, not sure if you are still in the forum, but I am posting just in case.
I am in the exact same situation as you. I didn't declare previous US visa refusal in study permit and post graduate work permit application but still got them. I have Post graduate work permit valid until 2021. I recently applied TRV and awaiting decision. I come to your thread and get really panic. Is your US refusal happened after or before you made PGWP applications? How come CIC found US refusal only in TRV but not in PGWP? Thank you.
Meanwhile, wish you a great life in Canada and maybe apply for PR after the misrepresentation period end. Thank you again.