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Need Serious Help

touseef00

Full Member
May 17, 2011
37
1
My Wife (canadian citzen) went to Canada to deliver our first baby. for that i applied for visitor visa and got rejected because in the form i didnt mention that my dad stayed in canada for 3 year but when they calld me for interview i told them everything cuz of that they were like i tryed to hide this and gave me a 2 year ban (inadmissible to enter canada for 2 year from the date letter is issued)


Now my question is can my wife sponsor me and once everything is done and goto Canada after 2 years after completing the ban or i have to apply the whole process after 2 years or hire the lawyer and fight against it. ANy suggestions?
 

Kedeisha

Champion Member
Apr 15, 2011
2,769
77
Job Offer........
Pre-Assessed..
well u can try but best bet is to wait please note they will think you will try anything to get into Canada so be prepared to show thats not the case
 

rjessome

VIP Member
Feb 24, 2009
4,354
213
Job Offer........
Pre-Assessed..
If she's eligible to sponsor you, she can apply at any time. She can request H&C grounds to try to overcome the misrepresentation and exclusion order. Hire a good consultant or lawyer to assist with this.
 

ArianeCurim

Member
Nov 3, 2019
16
1
If she's eligible to sponsor you, she can apply at any time. She can request H&C grounds to try to overcome the misrepresentation and exclusion order. Hire a good consultant or lawyer to assist with this.
Hi, I applied for student visa last year and I got that refused on grounds of misrepresentation (5 years ban). Is possible I return back to Canada if I get married My canadian Boyfriend outside Canada and apply for spousal sponsorship process before to complete 5 years waiting of misrepresentation or I still have to deal with that? I mean we can apply for Spousal Sponsorship and include H&C arguments inside the application to overcome my inadmissibility and get me PR status?
Thank you so much!
 

canuck78

VIP Member
Jun 18, 2017
52,992
12,775
Hi, I applied for student visa last year and I got that refused on grounds of misrepresentation (5 years ban). Is possible I return back to Canada if I get married My canadian Boyfriend outside Canada and apply for spousal sponsorship process before to complete 5 years waiting of misrepresentation or I still have to deal with that? I mean we can apply for Spousal Sponsorship and include H&C arguments inside the application to overcome my inadmissibility and get me PR status?
Thank you so much!
You can certainly try but it's unlikely you will be approved until the 5 years is over.
 

ArianeCurim

Member
Nov 3, 2019
16
1
Being inadmissible is rarely something that is overruled by H&C factors.
I am very scared to waste money, some lawyers say it’s not so complex but other says is very sensitive case. See below what one said:


Yes, our firm can help apply for PR status for you via Spousal Sponsorship and including H&C arguments inside of the application. In any PR application, we are able to ask for relief under section 25(1) under Humanitarian & Compassionate grounds (H&C) for IRCC to approve a PR application despite being inadmissible and also to cure the inadmissibility permanently. Our firm uses this section of the law often for many different scenarios, including your situation where you are inadmissible for misrepresentation. Of the 150 spousal sponsorship applications we submitted last year, we probably used this section of the law 25 times, and all were successful in being approved. We use it in many different scenarios such as: inadmissibility for Misrepresentation, Criminality, previously undeclared family members, Sponsor is ineligible to be a sponsor due to criminality or ineligible to sponsor as they were previously sponsored themselves and the 5 year waiting period has not passed, Sponsor does not meet the residency requirement, etc.

Also, our firm submits entire PR applications on H&C grounds for individuals in Canada who have no status. H&C arguments can be used inside a particular type of PR application or submitted as an entire application on its own.
IRCC is more forgiving to grant relief for inadmissibility inside of a Family Sponsorship application like Spousal Sponsorship. They do not want to keep families apart. And this is mainly the type of application we use H&C inside.

Here is the specific section of the immigration law under which we will request relief.
Humanitarian and compassionate considerations — request of foreign national
  • 25 (1) Subject to subsection (1.2), the Minister must, on request of a foreign national in Canada who applies for permanent resident status and who is inadmissible — other than under section 34, 35 or 37 — or who does not meet the requirements of this Act, and may, on request of a foreign national outside Canada — other than a foreign national who is inadmissible under section 34, 35 or 37 — who applies for a permanent resident visa, examine the circumstances concerning the foreign national and may grant the foreign national permanent resident status or an exemption from any applicable criteria or obligations of this Act if the Minister is of the opinion that it is justified by humanitarian and compassionate considerations relating to the foreign national, taking into account the best interests of a child directly affected.


The above section of immigrational law is taken from IRPA (immigration act). https://laws-lois.justice.gc.ca/eng/acts/i-2.5/section-25.html
 

canuck78

VIP Member
Jun 18, 2017
52,992
12,775
I am very scared to waste money, some lawyers say it’s not so complex but other says is very sensitive case. See below what one said:


Yes, our firm can help apply for PR status for you via Spousal Sponsorship and including H&C arguments inside of the application. In any PR application, we are able to ask for relief under section 25(1) under Humanitarian & Compassionate grounds (H&C) for IRCC to approve a PR application despite being inadmissible and also to cure the inadmissibility permanently. Our firm uses this section of the law often for many different scenarios, including your situation where you are inadmissible for misrepresentation. Of the 150 spousal sponsorship applications we submitted last year, we probably used this section of the law 25 times, and all were successful in being approved. We use it in many different scenarios such as: inadmissibility for Misrepresentation, Criminality, previously undeclared family members, Sponsor is ineligible to be a sponsor due to criminality or ineligible to sponsor as they were previously sponsored themselves and the 5 year waiting period has not passed, Sponsor does not meet the residency requirement, etc.

Also, our firm submits entire PR applications on H&C grounds for individuals in Canada who have no status. H&C arguments can be used inside a particular type of PR application or submitted as an entire application on its own.
IRCC is more forgiving to grant relief for inadmissibility inside of a Family Sponsorship application like Spousal Sponsorship. They do not want to keep families apart. And this is mainly the type of application we use H&C inside.

Here is the specific section of the immigration law under which we will request relief.
Humanitarian and compassionate considerations — request of foreign national
  • 25 (1) Subject to subsection (1.2), the Minister must, on request of a foreign national in Canada who applies for permanent resident status and who is inadmissible — other than under section 34, 35 or 37 — or who does not meet the requirements of this Act, and may, on request of a foreign national outside Canada — other than a foreign national who is inadmissible under section 34, 35 or 37 — who applies for a permanent resident visa, examine the circumstances concerning the foreign national and may grant the foreign national permanent resident status or an exemption from any applicable criteria or obligations of this Act if the Minister is of the opinion that it is justified by humanitarian and compassionate considerations relating to the foreign national, taking into account the best interests of a child directly affected.


The above section of immigrational law is taken from IRPA (immigration act). https://laws-lois.justice.gc.ca/eng/acts/i-2.5/section-25.html
Nobody can guarantee what will happen including the lawyers.