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Spouse banned for 5 years-Will it affect the Principal applicant PR file

paras1991

Hero Member
Jun 26, 2015
266
10
Mississauga, ON
Category........
NOC Code......
1311
Job Offer........
Pre-Assessed..
App. Filed.......
20-08-2015
Doc's Request.
RCMP -23 Sep, submitted-23 Sep 2015
AOR Received.
20-8-2015
Med's Done....
29 Aug-Passed
Passport Req..
07 jan 2016
LANDED..........
30 jan 2016
Hi all

My friend is on work permit working in NOC A. His wife had applied for work permit on the basis of my friend and got rejected. There was a confusion between the mailing and physical location of the business where my friend is working. In the employment letter of my friend, he has used the mailing address of business which is a residential address.

The officer refused the application and placed a ban of 5 years on my friends wife stating that the job of her husband is fake.

My friend was not aware of the fact that there is a one month deadline to appeal the decision. He did that after 1.5 months through "green and Spigel" lawyers.

Now after 4 months the judge has refused to give a hearing and the lawyers are saying that there is nothing can be done and even he cant apply for PR.

Need your views guys. His case is genuine and true. Is there anything he can do.? Can the decision of Federal court to not to even give the hearing be appealed?

Can he apply for PR with his wife being banned from Canada? If not, what if he give her divorce and apply for PR as single? And after 5 years remarry her and bring her here. Will this work?

Any views will be appreciated.

Thanks
 

jairichi

Champion Member
Jan 21, 2016
1,357
55
Job Offer........
Pre-Assessed..
paras1991 said:
Hi all

My friend is on work permit working in NOC A. His wife had applied for work permit on the basis of my friend and got rejected. There was a confusion between the mailing and physical location of the business where my friend is working. In the employment letter of my friend, he has used the mailing address of business which is a residential address.

The officer refused the application and placed a ban of 5 years on my friends wife stating that the job of her husband is fake.

My friend was not aware of the fact that there is a one month deadline to appeal the decision. He did that after 1.5 months through "green and Spigel" lawyers.

Now after 4 months the judge has refused to give a hearing and the lawyers are saying that there is nothing can be done and even he cant apply for PR.

Need your views guys. His case is genuine and true. Is there anything he can do.? Can the decision of Federal court to not to even give the hearing be appealed?

Can he apply for PR with his wife being banned from Canada? If not, what if he give her divorce and apply for PR as single? And after 5 years remarry her and bring her here. Will this work?

Any views will be appreciated.

Thanks
Your friend was given the time to appeal and it was not done in time. Your friend has to serve that 5 year ban. What an idea to divorce and remarry just for the purpose to get a PR. This idea will not work.
 

Alurra71

VIP Member
Oct 5, 2012
3,237
309
Ontario
Visa Office......
Vegreville
App. Filed.......
07-12-2012
AOR Received.
21-01-2013
Interview........
waived
VISA ISSUED...
28-11-2013
LANDED..........
19-12-2013
paras1991 said:
Hi all

My friend is on work permit working in NOC A. His wife had applied for work permit on the basis of my friend and got rejected. There was a confusion between the mailing and physical location of the business where my friend is working. In the employment letter of my friend, he has used the mailing address of business which is a residential address.

The officer refused the application and placed a ban of 5 years on my friends wife stating that the job of her husband is fake.

My friend was not aware of the fact that there is a one month deadline to appeal the decision. He did that after 1.5 months through "green and Spigel" lawyers.

Now after 4 months the judge has refused to give a hearing and the lawyers are saying that there is nothing can be done and even he cant apply for PR.

Need your views guys. His case is genuine and true. Is there anything he can do.? Can the decision of Federal court to not to even give the hearing be appealed?

Can he apply for PR with his wife being banned from Canada? If not, what if he give her divorce and apply for PR as single? And after 5 years remarry her and bring her here. Will this work?

Any views will be appreciated.

Thanks
He didn't appeal within the required time, so there is really nothing that he can do. What he DOES need to do though is worry more about himself at this point. If CIC now thinks that his job is 'fake' and his wife is barred from Canada for 5 years, just HOW would he plan on filing for PR? CIC thinks his job is a fake.

His wife would not preclude him from applying, however, she will not be able to 'land' in Canada until she has completed her 5 year ban. He can NOT divorce her, apply as single and then remarry her later to sponsor her. CIC has that 'loophole' covered well.

As I said before, If I were him, I would be figuring out HOW to convince CIC that his job is real before they cancel his work visa & permit then send CBSA in to politely escort him to the nearest holding cell for a flight back 'home' ....
 

paras1991

Hero Member
Jun 26, 2015
266
10
Mississauga, ON
Category........
NOC Code......
1311
Job Offer........
Pre-Assessed..
App. Filed.......
20-08-2015
Doc's Request.
RCMP -23 Sep, submitted-23 Sep 2015
AOR Received.
20-8-2015
Med's Done....
29 Aug-Passed
Passport Req..
07 jan 2016
LANDED..........
30 jan 2016
he is on open work permit