A client's spouse was found to be inadmissible for misrepresentation on a visitor visa application. A month later, they filed an application for PR under family class along with an application for H&C considerations. Their PR application was refused. What should the RCIC advise them to do?
Apply for PR after they become admissible to Canada.
The spouse's inadmissibility due to misrepresentation must be resolved before any application for permanent residency (PR) can be successfully considered. Therefore, the best course of action is to wait until the spouse becomes admissible before reapplying for PR.
While appealing to the Immigration Appeal Division (IAD) may seem like a feasible option, it is essential to note that the basis for the inadmissibility is rooted in misrepresentation. An appeal on legal grounds would not resolve the underlying issue of inadmissibility, making this option ineffective.
Although Humanitarian and Compassionate (H&C) considerations can be requested during an appeal, this option would still not address the fundamental issue of the spouse's inadmissibility. The IAD is unlikely to grant a favorable outcome without the spouse being admissible, as H&C considerations typically do not override statutory inadmissibility.
Seeking judicial review at the Federal Court could be a lengthy and complex process that focuses on procedural issues rather than resolving the inadmissibility itself. This option does not directly lead to a solution for the individual's status and may prolong the resolution unnecessarily.
In situations involving inadmissibility due to misrepresentation, the most prudent advice is to wait until the individual becomes admissible again. Once the spouse has resolved their inadmissibility, a new application for permanent residency can be submitted, increasing the likelihood of a successful outcome.
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