If your spouse is barred for 5 years from making an application for permanent residence of Canada
because of being found inadmissible due to Misrepresentation, it is still possible to sponsor them for Permanent
Common Reasons why your Spouse was found to be inadmissible for Misrepresentation
Some of the common reasons are:
- Did not disclose a previous refusal by another country on a temporary resident visa (TRV) application or permanent resident (PR) application
- Included incorrect facts about past work experience, education or travel history on a TRV application or PR application
- Included fraudulent documents in a TRV application or PR application
- Failed to disclose information on a TRV application or PR application regarding criminal charges (even those that were dismissed), or offences for which they were charged
- Failed to disclose a family member on a TRV application or PR application
- Issued a 5 year bar by a Canada Border Services Agency (CBSA) officer upon entry to Canada for providing false information or not disclosing relevant information during questioning
- Sponsored by an individual who has been found to be inadmissible for misrepresentation
- Decision to allow a claim or application for refugee protection vacated, or
- Cessation of citizenship based on a determination that this status was obtained by false representation or fraud or knowingly concealing material circumstances.
- Engaged in a non-genuine marriage.
How to Sponsor your Spouse who has a 5-year bar for Misrepresentation
Instead of waiting for 5 years to pass and the bar to be lifted, you could request relief under Humanitarian and
Compassionate (H&C) provisions in the Immigration Law. In any Permanent Resident (PR) application, relief can be
requested to overcome either an ineligibility or inadmissibility. Well drafted written arguments and sufficient
evidence must be provided to overcome inadmissibility through consideration of H&C factors.
The relevant section of Immigration and Refugee Protection Act (S.C. 2001, c. 27) which is used to overcome inadmissibility due to misrepresentation is:
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.
Note: Sections 34, 35 and 37 refer to offences related to Security (Espionage, Terrorism, etc), Human or international rights violations, and Organized Criminality. Individuals involved with these types of offences cannot use H&C reasons to overcome inadmissibility. For all other offences, IRCC can be requested for consideration of H&C factors.
Get in Touch for more information or for assistance in overcoming inadmissibility and sponsoring your spouse for PR in Canada.