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Spousal sponsorship with Misrepresentation Ban
The immigration, Refugees and Citizenship Canada (IRCC) have been observed to record higher numbers in recent years. This has helped
families grow as well as their living standards. Lots of couples on the other hand have made their way into Canada. However, there is one
grim outcome during the spousal visa application. It involves being charged plus a 5year ban from Canada due to misrepresentation.
Misrepresentation arises due to lack of total disclosure of material facts required during the administration of immigration laws. This
attracts a 5-year ban-punishment from entering Canada. If your spouse becomes inadmissible to Canada due to misrepresentation, he or she is
still able to get sponsored for Permanent Residence.
Circumstances under which a partner may be denied entry due to misrepresentation:
- Failure to disclose facts about previous application concerning criminal offences, both charged and dismissed ones.
- Inclusion of false facts regarding education, past work experience or travel history on application of temporary resident Visa or PR.
- Inclusion of fraudulent documents in the previous visa application.
- Non disclosure of previous refusal to Canada or a different country on a temporary resident application. This may include study permit, work permit or visitor visa.
- Given a ban for 5years by CBSA upon entry to Canada due to provision of false facts during questioning or were wrongfully identified as inadmissible due to miscommunication.
How to sponsor your spouse upon Misrepresentation with a 5year ban:
This can be achieved by use of section 25(1), subsection (1.2) of IRPA (Immigration and Refugee Protection Act), the Humanitarian and Compassionate
section of the law.
For application of a Permanent Resident, relief can be sought to overcome inadmissibility. Moreover, properly drafted arguments and enough evidence
must be availed in order to succeed with H& C law. A law firm with vast skills and experience with this branch of law should be chosen.
A spousal sponsorship application that are refused due to Misrepresentation;
Upon refusal of your partner’s sponsorship application, you can appeal the verdict at IAD (Immigration Appeal Division). Humanitarian and Compassionate arguments must also be provided.
Humanitarian and Compassionate Law Considerations:
According to section 25(1.2), the Minister must examine the circumstances concerning the foreign national in Canada and might grant him or her a permanent resident status provided;
- He applies for a permanent resident status.
- He is inadmissible
- Does not meet requirements in the Act provided in sections 34, 35 and 37.
The minister can also exempt him or her from the obligations of this Act only if he is of the opinion that is justified by H & C considerations regarding foreign national individual.
What you should know
It is vital to note that section 34, 35 and 37 includes offences like terrorism, human right violations, and organized crimes. Persons who commit
these kinds of offences are not allowed to use H & C to overcome inadmissibility.
All other crimes can use the H & C section of the law to justify themselves.