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December 10, 2020

This Week’s Success Story: Successful PR Approval After Overcoming 5-Year Ban for Misrepresentation Finding!

Posted by - Bellissimo Law Group PC

We are pleased to report that a client recently received permanent residence after many years of challenging a refusal first before the Court and then with a Canadian Embassy. Our client filed an application independently for permanent residence over 6 years ago that was refused for misrepresentation. A finding of misrepresentation by Canada Immigration results in not just a refusal, but also a ban from Canada from applying for permanent residence for a period of five years. This is important as waiting the five years could serve to disqualify a client from eligibility in an immigrant category in the future. And, even after the expiry of the five years if a client is still eligible, although the inadmissibility expires, that finding may still be considered by Canada Immigration in assessing credibility on future application.

In this particular case, the officer did not believe the client’s employment experience based on a verification check with employees who were not in management positions or not well positioned to speak to the client’s work experience. The immigration officers did not contact the individuals who actually wrote the employment references, nor did they reach out to administrators or a human resources department employee who would have been best equipped to verify the client’s employment. So, the refusal was challenged to the Federal Court and a settlement was reached, setting aside the refusal and misrepresentation decision. Following this, the application was sent back to the Embassy for reconsideration. Then, following receipt of the information received during the Court process of the officer’s specific concerns, updated and detailed submissions were made with further evidence to support the validity of the employment experience. After some time advocating the client achieved success and is now excited to start a new life here in Canada.