Sponsoring a Spouse with Misrepresentation Ban
Spouse who has a 5 year ban for Misrepresentation
If your spouse received a ban of 5 years to Canada for Misrepresentation, it is still possible to sponsor them for Permanent Residence despite them being inadmissible for Misrepresentation. Our immigration lawyers can help.
Situations where a spouse is found to have Misrepresented:
Did not disclose a previous refusal to Canada or another country on a previous temporary resident application; TRV (visitor visa), Study Permit, or Work permit
Included incorrect facts about past work experience, education or travel history on a PR application or temporary resident visa
Fraudulent documents were included in a previous visa application by the individual or their foreign agent
Failure to disclose information on a previous application regarding criminal charges (even those that were dismissed), or offences for which they were charged
Issued a 5 year ban by a CBSA officer upon entry to Canada for providing false facts during questioning, or wrongfully found inadmissible due to miscommunication
How to sponsor your spouse who has a 5 year ban for Misrepresentation
Our firm represents many clients in this situation and helps overcome inadmissibility of all types, using section 25(1) of IRPA, the Humanitarian and Compassionate (H&C) section of the law.
In any Permanent Resident (PR) application, relief can be requested to overcome either an ineligibility or inadmissibility. It is extremely important to retain a Law Firm (not an immigration consultant) that has extensive experience using this section of the law to overcome inadmissibility. This cannot be stressed enough. Well drafted arguments and sufficient evidence must be provided to be successful using H&C law. This is the required work of a skilled and experienced lawyer.
Given that our firm predominantly handles more complex cases, we are a witness to many refused applications, with approximately 30% of our clients retaining our firm after using another immigration lawyer or law firm.
Read more about the complex Spousal Sponsorship cases our firm handles.
Relevant section of H&C law that is used to overcome Misrepresentation Inadmissibility
Humanitarian and compassionate considerations — request of foreign national
25 (1) Subject to subsection (1.2), the Minister must, on request of a foreign national in Canada who applies for permanent resident status and who is inadmissible — other than under section 34, 35 or 37 — or who does not meet the requirements of this Act, and may, on request of a foreign national outside Canada — other than a foreign national who is inadmissible under section 34, 35 or 37 — who applies for a permanent resident visa, examine the circumstances concerning the foreign national and may grant the foreign national permanent resident status or an exemption from any applicable criteria or obligations of this Act if the Minister is of the opinion that it is justified by humanitarian and compassionate considerations relating to the foreign national, taking into account the best interests of a child directly affected.
*Section 34, 35 and 37 are offences related to Terrorism, Organized Crime and Human Rights Violations. Individuals who have these type of offences cannot use H&C to overcome inadmissibility. But for all other offences, the H&C section of the law can be used.
Spousal Sponsorship applications that are refused due to Misrepresentation
Individuals who receive a refusal on their sponsorship application can appeal the refusal and argue the same H&C arguments at an appeal at the IAD (Immigration Appeal Division). This is a different situation than discussed above. These individual submitted a Sponsorship application and were refused as a result of Misrepresenting facts in the sponsorship application. Or perhaps, the information provided in the Sponsorship application was not consistent with information presented in a previous application, either by the sponsor or the spouse being sponsored. If a spousal sponsorship application is refused due to Misrepresentation, H&C arguments can be presented in the IAD appeal to request relief under the H&C law. It is imperative to retain a lawyer with litigation experience at the IAD arguing Misrepresentation cases. Our firm can help with this situation as well and represent clients at a Spousal Sponsorship appeal at the IAD.
Contact us for assistance in overcoming the 5 year ban for Misrepresentation inadmissibility, or provide representation at a Sponsorship appeal at the IAD.
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