Instantpot

Hello,
My cousin just got a letter from CIC saying that her bank statement is not guenine and requested for a new bank statement. Now she doesn't have all the money required because she borrowed some of it and has returned it to the owners.(please don't judge) My question is:

If she is rejected and becomes inadmissible for 5 years. Can her spouse submit a new application at a later stage and include her.

2. Can she withdraw her application?

Is there a remedy. She didn't realise that she needed to keep the money for six months.
Any suggestions will be appreciated.

JamesM

Why would she be inadmissible for 5 years?

Instantpot

Becuase the letter she received mentioned that CIC has some concerns that the bank statement is not guenine. As mentioned above she can't submit an upto date bank statement as the money in account doesnt meet proof of funds threshold.

JamesM

If she doesn't have the funds can't she just withdraw from the process and then try again when she does?

Instantpot

Is it possible to withdraw the application. What is the process of withdrawal

PMM

HI

1 False information to IRCC is misrepresentation and results in a 5 year ban from ANY immigration application, which includes entering Canada as a visitor.
2, Basically IRCC has given her a fairness letter. Either convinces IRCC that she had the money in her account and it wasn't borrowed, or her application will be refused. Too late in the game to withdraw.

carcajou

"Not genuine" can mean a lot of things, including that they accept the physical bank statement itself is real but that she doesn't actually have the money. One of the criteria is usually that the money has to be in the account for a certain amount of time, not just a "camera flash" moment in time.

I know for citizenship applications, if a misrepresentation investigation is underway, they may refuse the withdrawal because they don't want applicants to think that withdrawal is a way to escape the five-year ban for misrepresentation.

I think your best bet is to consult a migration agent to discuss options.

How does the lender feel about gifting the money and writing a letter to immigration about it?

Instantpot

Please do you have any links that you can share

carcajou

I'm not sure what can be shared, that would be useful to you. I think your next step is to contact a migration agent. I realise a migration agent costs money to hire, but at this stage may be a necessity unless your cousin is willing to accept a ban.

mikelincs

They may have become suspicious if a large sum of money had been deposited into the account not long before the application, this would have raised red flags, and asking for a new bank statement would have been done to prove their intuition. I do suspect that she has burned her bridges by paying back the loan so quickly.

Instantpot

Does how long does inadmissibility affect a spouse if the principal applicant is found inadmissible. Can the spouse apply for PR after a couple of years.

Engineer_abroad

The way I see it there is a possible case for fraud here. The principal applicant cannot borrow the money required for proof of funds. By submitting the application the principal applicant is stating that the information they have provided is true and in doing so they are expected to know the rules. The PR application is almost certain to be rejected on the basis that they do not meet the proof of funds requirement and, either intentionally or unintentionally committed fraud by stating that they did have the funds.

I am not sure whether it impacts the ability for a spousal application. I have read different things. Some say it cannot be approved till after the exclusion order has expired and some say it can but that an Authorization to return (ARC) will be needed to actually allow the spousal to enter Canada.

Even if they can apply at the very least any future applications are likely to come under a much higher level of scrutiny. A IO for instance may feel the relationship is a front to help the applicant get into Canada after a failed application. If an exclusion order is issued this would then be even higher on their radar

PMM

Hi

1. If the cousin is determined by IRCC that she committed misrepresentation under 40(1) of the Act

"Misrepresentation

40 (1) A permanent resident or a foreign national is inadmissible
for misrepresentation
(a) for directly or indirectly misrepresenting or withholding
material facts relating to a relevant matter
that induces or could induce an error in the administration
of this Act;"

"(2) The following provisions govern subsection (1):
(a) the permanent resident or the foreign national
continues to be inadmissible for misrepresentation for
a period of five years following, in the case of a determination
outside Canada, a final determination of inadmissibility
under subsection (1) or, ...

Inadmissible
(3) A foreign national who is inadmissible under this
section may not apply for permanent resident status during
the period referred to in paragraph (2)(a).

2. It is not an exclusion order, the only recourse would be the Federal Court of Canada, there is no "ARC" application provision.

mikelincs

This is one time when a consultation with an immigration agent seems essential, advice in this situation is really beyond what people on here can give.

carcajou

Yes, and can I add, don't be dishonest or misleading in any way, or think that you can outfox them with what is going on. Dishonesty or deception is the quickest path possible to rejection and a ban.