TRP

[abay123]

Hi everyone, I need some guidance regarding my husband’s situation.
I am currently in Canada on a work permit. My husband tried to come to Canada on a visitor visa, but an agent filled out his forms incorrectly. At the border, the CBSA officers asked him questions and his answers did not match what the agent had written. Because of this, he was refused entry, sent back, and later received a misrepresentation ban after an interview.
We applied for a judicial review in Federal Court through a lawyer, but the lawyer has informed us that the case is weak, and the chances of success are low.
It has now been 3 years, and we have not been able to be together. There is also a lot of family pressure in India, and his family is threatening to get him remarried. I really want him to come to Canada so we can live together again.
My main question is:

can I apply for a Temporary Resident Permit (TRP) for my husband while the misrepresentation ban is still active?
Has anyone seen similar cases approved?
Any guidance or shared experiences would be greatly appreciated. Thank you.

 

[kapatid]

Yes.
A person who is inadmissible for misrepresentation can still apply for a Temporary Resident Permit (TRP) even while the 5-year ban is ongoing. The ban prevents entry and prevents approval of temporary or permanent applications — but it does not prevent IRCC from issuing a TRP.


A TRP is the only mechanism that allows someone with an active inadmissibility (including misrepresentation) to enter Canada temporarily if the officer is satisfied that the need to enter Canada outweighs the risk.

 

[Copingwithlife]

Hi everyone, I need some guidance regarding my husband’s situation.
I am currently in Canada on a work permit. My husband tried to come to Canada on a visitor visa, but an agent filled out his forms incorrectly. At the border, the CBSA officers asked him questions and his answers did not match what the agent had written. Because of this, he was refused entry, sent back, and later received a misrepresentation ban after an interview.
We applied for a judicial review in Federal Court through a lawyer, but the lawyer has informed us that the case is weak, and the chances of success are low.
It has now been 3 years, and we have not been able to be together. There is also a lot of family pressure in India, and his family is threatening to get him remarried. I really want him to come to Canada so we can live together again.
My main question is:

can I apply for a Temporary Resident Permit (TRP) for my husband while the misrepresentation ban is still active?
Has anyone seen similar cases approved?
Any guidance or shared experiences would be greatly appreciated. Thank you.

“My husband tried to come to Canada on a visitor visa, but an agent filled out his forms incorrectly”

You can’t blame the agent . Everything being correct in his application being correct & truthfully falls squarely onto your husband

He’s already married . How’s he going to get married again ?

You’ve gotta remember. Canada is a high trust country. You misrepresent information and the penalties are severe

 

[abay123]

Yes.
A person who is inadmissible for misrepresentation can still apply for a Temporary Resident Permit (TRP) even while the 5-year ban is ongoing. The ban prevents entry and prevents approval of temporary or permanent applications — but it does not prevent IRCC from issuing a TRP.


A TRP is the only mechanism that allows someone with an active inadmissibility (including misrepresentation) to enter Canada temporarily if the officer is satisfied that the need to enter Canada outweighs the risk.

Do we need to pay the “removal order” or “removal cost” fees along with the TRP fee, even though he was only refused entry at the border and not actually removed by CBSA from inside Canada? It’s $3840https://ircc.canada.ca/english/information/fees/fees.asp

 

[canuck78]

Given the processing time for TRPs I’m not it’s worth pursuing if you are in year 3 of a 5 year ban.

 

[scylla]

No. You don't need to pay this since he wasn't removed. You just need to pay the TRP fee. Be aware that it's not uncomfortable for TRP processing to take a couple of years.