If you have been found inadmissible to Canada after applying for any temporary residence visa such as study/work/visit and was issued a five-year ban under section 40(2)(a) of the Immigration and Refugee Protection Act (IRPA), this means:

· You remain inadmissible for a period of five years.

· You cannot be granted temporary residence, permanent residence, or act as a sponsor—or be sponsored—during this period.

· Any immigration application requiring admissibility cannot be approved until the five-year period has expired.

Can you still apply for Permanent Residence during the five-year period?

Yes, you can apply for permanent residence, but the IRCC won't accept it as long as the inadmissibility is in place. This is due to the requirement set forth by Canadian legislation that an applicant must not be ineligible at the time of permanent residency.

Legal Reference:
IRPA s.21(1) —  A foreign national becomes a permanent resident if an officer is satisfied that the foreign national has applied for that status, has met the obligations set out in paragraph 20(1)(a) and subsection 20(2) and is not inadmissible.

Impact on future applications

Once the five-year ban has expired:

· It does not automatically harm your future immigration prospects.

· However, IRCC will assess any new application with heightened scrutiny given the previous finding of misrepresentation.

Most applicants in comparable circumstances can move on without long-term negative repercussions if your next application is accurate, eligible, and completely transparent.

Is Judicial Review advisable in such case?

While you may choose to pursue a Judicial Review, in my professional view, the chances of success are extremely low. It is unlikely that the Federal Court would overturn the officer’s decision in this scenario unless you are very certain that officer was wrong in providing his/her decision which might have most likely caused by overlooking an important factor of the particular application. It’s highly recommended to seek legal opinion before you attempt / ignore Judicial Review route.