Spouse who has a 5 year ban for Misrepresentation
In case your spouse obtained a ban of 5 years to Canada for Misrepresentation, it is still possible to sponsor them for PR even if they are inadmissible due to Misrepresentation (we can help).
Situations where a spouse is found to have Misrepresented:
- They did not disclose a previous refusal to Canada (or another country) on a previous application for temporary residency, visitor visa, work permit, or study permit;
- They included inaccurate facts about education, work experience, or travel history on a temporary resident visa or PR application;
- They included fraudulent documents in a previous visa application by the individual or their foreign agent;
- They failed to reveal information on a previous application concerning criminal charges (even those that were dismissed), or offences for which they were charged;
- Upon entry to Canada, they were issued a 5-year ban by a CBSA officer for giving incorrect facts during questioning, or were wrongfully found inadmissible because of miscommunication.
How to sponsor your spouse who has a 5-year ban for Misrepresentation
Visa Time Immigration helps overcome inadmissibility of all types, relying on section 25(1) of IRPA, the H&C (Humanitarian and Compassionate) section of the law.
Generally, in any PR application, the applicant can request relief in order to overcome either an ineligibility or inadmissibility. It is critical to retain a reputable consulting firm that has substantial experience to overcome inadmissibility. To be successful using H&C law, the arguments should be well structured and enough evidence needs to be provided.
Spousal Sponsorship applications that are refused due to Misrepresentation
Sponsorship application refusals can be appealed by arguing the same H&C arguments at an appeal at the Immigration Appeal Division (IAD). This is a different scenario than discussed in the previous section. In this scenario, the individual submitted a sponsorship application and was refused due to misrepresenting facts in their application. Alternatively, it might have been the case that the information given in the sponsorship application was inconsistent with the information presented in a previous application (either by the sponsor or the spouse being sponsored). In case a spousal sponsorship application is rejected due to Misrepresentation, H&C arguments can be presented in the IAD appeal in order to request relief under the H&C law. It is vital to retain an immigration consulting firm with litigation experience arguing Misrepresentation cases at the IAD. Additionally, Visa Time Immigration can help with this situation as well as represent clients at a Spousal Sponsorship appeal at the IAD.