Misrepresentation
Allegations of immigration misrepresentation can have immediate and long term consequences. The immediate effect may be the denial of an immigration application such as a visa, permit or entry into Canada. The long term consequences may be a bar from entering Canada for up to five years from the date of the misrepresentation (if the person is outside of Canada), or five years from the date the person has left Canada (if the person’s misrepresentation was discovered after entering Canada).
Common types of misrepresentation include the failing to declare a relative or relationship, failing to have a relative examined, failing to declare some form of activity such as work or study, and entering into a non-genuine marriage.
Some forms of misrepresentation are unintentional, but may nevertheless result in a five year ban. There are some remedies available depending on whether the person is a foreign national, or a permanent resident of Canada. These remedies may include a temporary resident permit (for foreign nationals), or an appeal at the Immigration Refugee Board (Appeal Division) for permanent residents.
Allegations of misrepresentation are very serious and can entail dire consequences for the concerned individual, including removal from Canada in applicable circumstances.
A concerned person who is facing allegations of misrepresentation will typically be provided with a critical opportunity to submit a written response to the relevant allegations. It is important that the response addresses the pertinent issue(s), any mitigating factors, applicable legal principles and relevant legal precedents associated with the specific circumstances. Many individuals may not be aware of the gravity of a misrepresentation allegation, or even what documents and information are relevant to include in their response.
What is Misrepresentation and how does it happen?
Misrepresentation occurs when information is provided to Immigration, Refugees and Citizenship Canada (IRCC) or to the Canada Border Services Agency (CBSA) that is inconsistent, inaccurate, or incomplete.
Examples of misrepresentations would be:
- Fail to declare that you have been refused a visa for another country
- Provide a document that is found to be non-genuine
- Fail to mention a family member
- Declare employment experience which you do not have
- Obtain permanent residence by having engaged in a non-genuine marriage
Misrepresented information can be provided (or omitted) by yourself, a family member, or your representative. In all cases, it is the principal applicant who is at fault – even if the principal applicant did not know the misrepresentation occurred.
Material Fact and Misrepresentation
The information that affects the decision of the immigration officer is a material fact. You are expected to share the material fact with the officer thoroughly and without altering. If you directly or indirectly withhold the material fact from the officer or make changes to deceive the officer then you have committed misrepresentation.
The Consequences of Misrepresentation
The Immigration and Refugee Protection Act is really harsh to those who commit misrepresentation. Under section 40 of the , a foreign national or a Source: Immigration and Refugee Protection Act, SC 2001, c 27, permanent resident will be inadmissible to Canada for five years due to misrepresentation. It is obvious the officer refuses the application as well. In the case of permanent residents of Canada, they will lose their permanent residency and become foreign nationals with respect to Canada.
Section 40 of the IRPA does not affect Canadian citizens. However, if the misrepresentation had occurred when they were applying for citizenship or when they were applying for permanent residency, they could lose their Canadian citizenship under section 10 of the Citizenship Act.
Under section 127 of the IRPA, any person who undermines the Immigration and Refugee Protection Act by misrepresentation has committed an offence. Misrepresentation in this context includes withholding or altering material facts or refusing to answer the questions raised by an officer or affirm the truthfulness of their answers. Under section 126 of the IRPA, those who help the applicant commit misrepresentation also commit an offence.
Under section 128 of the IRPA if your actions fall under sections 126 or 127 of you may face up to five years imprisonment or up to $100,000 fine or a combination of both. Remember that sections 126 to 128 of the apply to foreign nationals, permanent residents of Canada, and Canadian citizens alike.
If you misrepresent, you lose the right to appeal the decision made by the officer with the exception of spouses or common-law partners in sponsorship applications (see subsection 64(3) of the IRPA
What can you do if you are facing an allegation of Misrepresentation?
If you have made an application to enter Canada – before you would be found to have misrepresented yourself by IRCC, you will be given an opportunity to respond and address IRCC’s concerns. This process is known as “procedural fairness” and it is important to be aware of the timeline given for the response by IRCC and whether the response will be made at an interview or on paper.
Misrepresentation findings will have a significant impact on your immigration status to Canada. If found to have Misrepresented, you and all dependent family members (spouse and children) will all be found inadmissible to Canada which will prevent anyone from obtaining another temporary or permanent resident visa. In addition, the person(s) that are found to have misrepresented will receive a 5-year ban from Canada. It is important to carefully address these allegations in a timely manner as delaying or not responding could have severe consequences.
If you wish to visit or move to Canada or if you have encountered any issues with the immigration authorities, you may fill out our free assessment form or book a consultation session to assess your potential opportunities or offer you immigration, visa, or citizenship advice.
Need Help?
Consequences can be serious for Canadian immigration candidates who misrepresent or fail to disclose important information in their canadian immigration application. If your in any situation, Please call us at +17783201450 or Contact us at Globalduniya Immigration.