Instantpot

Hi All,
A friend who was the main applicant for PR got a letter of inadmissible from immigration officer for a period of five years. I think there was a discrepancy in bank statements sent. She applied back in 2017 But the letter of inadmissible was dated January 2019.

Please see letter from immigration officer below.

“I have now completed the assessment of your application and I have determined that you do not
meet the requirements of the Immigration and Refugee Protection Act.
Subsection 40(1)(a) of the Immigration and Refugee Protection Act states that a “foreign national is inadmissible for misrepresentation 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”. Paragraph 40(2)(a) specifies that 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). Subsection 40(3) states that 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).”
In your application for permanent residence received by this office on 7 October 2017, you misrepresented or withheld the following material facts:
- Your bank statement
I reached this determination because verifications conducted with the corresponding financial institution showed that the bank statement you submitted was altered. The misrepresentation or withholding of this/these material fact(s) induced or could have induced errors in the administration of the Act because as an Express Entry applicant for permanent residence in Canada, an applicant must demonstrate that they have the minimum required funds.
As a result, you are inadmissible to Canada for a period of five years from the date of this letter.
Subsection 11(1) of the Act provides that a foreign national must, before entering Canada, apply to an officer for a visa or any other document required by the regulations. The visa or document shall be issued if, following an examination, the officer is satisfied that the foreign national is not inadmissible and meets the requirements of this Act. For the reasons set out above, I am satisfied that you are inadmissible and I am therefore refusing your application.”
My questions are:

1. When does the five year ban start counting.
2. Can she reapply after five years. If so, what does she need to do before reapplying.
3. Can her spouse be the principal applicant next time or it doesn’t matter.
Thank you.

Former Lancastrian

5 years starts on January 2019.
Yes can reapply after 5 years completed. Doesn't need to do anything before reapplying.
Doesn't matter who the Principal Applicant is.

Caveat: Expect her application if reapplying to be scrutinized.

christmasoompa

1. As it says, from the date of the letter. So ban expires January 2024.
2. Yes she can, but she'll need to be aware her application is likely to be subjected to a lot of extra scrutiny. It's good that her ban is only for 5 years (that's the minimum length of time) but she'll need to be very careful with her next app.
3. Yes, no problem (although again, will be subject to extra scrutiny due to being the spouse of somebody that has committed misrepresentation).

Instantpot

thank you. Can the husband apply anything earlier than 2024 or it’s better to wait and apply then.

Instantpot

Thank you for replying. Extra scrutiny is something to bear in mind

christmasoompa

She couldn't be included on the application, so he'll need to wait until 2024.

Instantpot

Thanks you.