VisabuddiesVB
ExploreGuidesQuestionsHow it works
Sign inStart selling
GuidesCanadaStudy Permit

Refused for misrepresentation (40(2)(a)) with no prior warning in your original refusal letter — what's going on?

Canada • Study Permit • study 0 views
By VisaBuddies Communityvia community — compiled from public visa forums

Step-by-Step

A member's friend was refused a study permit and told she remained inadmissible under paragraph 40(2)(a) — misrepresentation, carrying a 5-year bar — from a prior 2017 refusal, even though nothing about misrepresentation or inadmissibility appeared in that original 2017 refusal letter.

What the thread suggested:
  1. Always check all correspondence associated with a prior application, not just the refusal letter itself. A misrepresentation finding can be communicated through a separate document rather than folded into the standard refusal letter.

  2. When IRCC bars someone for misrepresentation, they typically issue a specific document — referred to in the thread as an "18" or "40a" letter — rather than (or in addition to) a normal refusal letter. If this document was never received or seen, it's worth confirming with IRCC or checking all account correspondence rather than assuming there's an error.

  3. The thread raised the possibility that an agent or representative involved in the original application may have made an error (e.g. submitting incorrect or misleading information) that led to the misrepresentation finding, without informing the applicant.


The practical takeaway: if you're hit with an unexpected 40(2)(a) misrepresentation bar, look for a separate "18" or "40a" notice in your correspondence history rather than assuming it should have appeared in your original refusal letter — and consider whether an agent used in the earlier application may have submitted something that triggered it.

Dos, Don'ts & Tips

  • Tip: A misrepresentation finding (40(2)(a)) is often communicated via a separate "18"/"40a" letter, not necessarily folded into the standard refusal letter — check all correspondence.
  • Do: If you used an agent for a prior application and are later hit with an unexpected misrepresentation bar, review what that agent actually submitted on your behalf.

Have a question about this? Join the discussion.

View Thread

Related Guides

immigration

Study permit and studies end almost simultaneously: why you likely still need a study permit extension before applying for PGWP

immigration

CRS too low at 33 despite IELTS 8777? Study route vs learning French — how families weighed it

immigration

When can you start your spousal open work permit application relative to your spouse's landing?

immigration

Lost access to an old application account? Order your case notes to recover what you submitted

immigration

Spousal Open Work Permit (SOWP) refused for insufficient common-law proof — how to strengthen a reapplication