spouse's visa refused in the past under Immigration and Refugee Protection Act

[jigsgr8]

Hello All,

I will really appreciate your help if you can sort out my problem. I'm planning to apply under FSWP. I am fully eligible under my NOC. But my concern is about my dependent. I would be principle applicant and have all the required documents to represent. But My wife had applied for Canadian student visa in the past. She had shown fake experience documents, and due to this she got rejection under misrepresenting the documents with reference to Immigration and Refugee Protection Act, Section A40(1)(a). It is not stated on the refusal letter that she won't be admissible in canada in the future. But some people say that she can not apply for 2 years, and there might be possibility of storing her details in CIC's permanent database. It has been 1 and half year since this incidence. My question is that, Will My application be eligible as I'm the principle applicant, not my wife. Can we face any difficulty to get us PR? what are the options available for such situations? where can i find more details? Thanks a lot in advance. Please help me.

 

[scylla]

Yes - you can apply to immigrate and so can your wife. Due to the past misrepresentation you should expect that your application will be examined more closely for false documents. So make sure all of your documents are real and expect longer processing times.

Make sure you wait until two years and passed before you apply. And yes - your wife's misrepresentation is permanently stored in the CIC database.

 

[obs35]

Yes - you can apply to immigrate and so can your wife. Due to the past misrepresentation you should expect that your application will be examined more closely for false documents. So make sure all of your documents are real and expect longer processing times.

Make sure you wait until two years and passed before you apply. And yes - your wife's misrepresentation is permanently stored in the CIC database.

Actually, it's 5 (five) years ban to apply to immigrate/visit Canada for misrepresentation. In my opinion it should be for life!

 

[scylla]

Actually, it's 5 (five) years ban to apply to immigrate/visit Canada for misrepresentation. In my opinion it should be for life!

Wrong. It's two (2) years. See page 38:

http://www.cic.gc.ca/english/resources/manuals/enf/enf02-eng.pdf

 

[obs35]

Wrong. It's two (2) years. See page 38:

http://www.cic.gc.ca/english/resources/manuals/enf/enf02-eng.pdf

Wrong! that manual has not been updated. Less than 2 weeks ago a new law passed, 5 years now instead of 2.
faster removal of foreign criminals act

http://www.gands.com/uncategorized/faster-removal-of-foreign-criminals-act-becomes-law-resulting-in-significant-changes-to-admissibility-appeals-and-humanitarian-and-compassionate-considerations/

 

[scylla]

You're right - I missed that. They should update the manual.

OP - this means you have another 3 and a half years to wait before you can apply for PR.

Even with the five year rule, Canada is still very lenient. Misrepresentation carries a lifetime ban in the US.

 

[rifiel]

Can the op apply stating his wife will not accompany him now but then sponsor her after getting his pr or after the 5yrs? Just wondering........

 

[PMM]

Hi

Can the op apply stating his wife will not accompany him now but then sponsor her after getting his pr or after the 5yrs? Just wondering........

Nope, if a spouse/dependent is inadmissible, the PA is inadmissible.

 

[rifiel]

Thanks...
tough luck for him then