Sponsoring a Spouse with Misrepresentation Ban
According to the IRPA (Immigration and Refugee Protection Act), Section 40, a foreign citizen or permanent resident (PR) is inadmissible to Canada for misrepresenting or failing to declare all material facts concerning relevant matters that causes mistakes or could prompt errors in the administration of immigration laws in Canada.
Generally, Misrepresentation of facts attracts a punishment of a 5-year ban from accessing Canada.
Examples of Misrepresentation
- The facts regarding past work experience if false
- A spouse failed to disclose any previous refusal to enter Canada or any other jurisdiction on an earlier temporary resident (TR) application for a work permit, TRV (visitor visa), or Study Permit.
- Fraudulently obtained documents were contained within an earlier visa application by either the applicant or their foreign agent.
- Issued a five-year ban by a CBSA (Canada Border Services Agency) officials upon entering Canada for giving false information during interrogation or wrongfully found inadmissible because of miscommunication.
- Withholding information on a previous PR or TR application about criminal charges—including dismissed ones— or crimes for which the person was charged
Sponsoring a spouse who has a five-year Misrepresentation ban
The best way any spouse with a five-year ban from entering Canada can regain admissibility through a PR or TR application is to seek an immigration attorney’s help.
A legal expert can help seek humanitarian & compassionate (H&C) relief from the strict application of other sections of the Canadian immigration statute. With the help of a lawyer’s experience and expertise in gathering necessary evidence, well-drafted documents, and constructed arguments, the inadmissibility and ineligibility clauses in H&C law can offer you the best opportunity to overcome the five-year misrepresentation ban.
A Spousal Sponsorship application that is refused because of Misrepresentation
If you have received a refusal on your sponsorship application, you can appeal the decision at Immigration Appeal Division (IAD) and present the same humanitarian & compassionate (H&C) arguments.
This second situation is slightly different from the earlier discussion. Here, the person’s sponsorship application was refused because of Misrepresentation of facts. It can also arise where the individual there were inconsistencies in the latest application when analyzed with reference to the information contained in an earlier application.
It is vital to retain an experienced attorney with litigation experience if you are looking to appeal your sponsorship refusal on H&C grounds.