Misrepresentation is an offense in the immigration application process that can render one inadmissible to Canada. For certain people who make applications like visitor visas, study permits, or work permits, a finding of misrepresentation can result in a 5-year ban on entry into Canada. Misrepresentation is a serious allegation and those found guilty of misrepresentation suffer serious consequences. This can include losing one’s permanent residency in Canada.
If you believe that you are at risk of being found guilty of misrepresentation in your immigration application, our immigration legal team at Shory Law can provide you with the proper guidance to manage these concerns. If you have been found guilty of misrepresentation, we are prepared to guide you through any appeal options available.
What is Considered Misrepresentation When Making an Immigration Application to Canada?
Misrepresentation is defined in the Immigration and Refugee Protection Act at section 40 as:
directly or indirectly misrepresenting or withholding material facts relating to a relevant matter that induces or could induce an error in the administration of this Act;
Fraud, lying on your application or during your interview, and false documents are inclusive of some of the more common types of immigration misrepresentation. Below are the major characteristics of misrepresentation outlined by the IRPA:
- Providing false or inaccurate information to the IRCC or CBSA
- Withholding information
- Being sponsored by an individual indicted for misrepresentation
A common argument brought forward is that one relied on the advice of their immigration professional, or that they told their immigration professional about certain facts and the negligence of the immigration professional resulted in a finding of misrepresentation. You will still be found guilty of misrepresentation in these cases. Hence, it is very important to hire a qualified immigration lawyer to fight this kind of case in an attempt to avoid the harsh penalties that follow a finding of misrepresentation.
What is the Penalty for Misrepresentation?
The most extreme penalty if you are accused of immigration misrepresentation is denial of your application. Other penalties include being barred from entering Canada for 5 years, revoked legal status, and marked under the IRCC fraud records.
These penalties only occur when you are proven to have been misrepresented, but that should not be confused with mistakes on your application. A mistake can be forgetting to provide a document that is required, accidentally switching the birth month and birthday, and other minor evidence. However, mistakes can turn into misrepresentation if proven to have happened intentionally.
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Can you appeal a finding of misrepresentation?
Depending on how or where misrepresentation was found, you may have options to appeal this finding. You may also be able to challenge this finding to the Federal Court of Canada in an Application for Leave and Judicial Review. Contact Shory Law to receive qualified guidance and direction with regards to how to appeal a finding of misrepresentation.
What are some examples of misrepresentation?
Misrepresentation can be found where people give false documentation, or do not disclose all of their family members in an application. Misrepresentation has also been found in instances where individuals did not declare their visa refusal history. Remember, even if you hired an immigration consultant to conduct the work for you, you are ultimately responsible for the materials submitted. This is why it is incredibly important that your representative provides you with an opportunity to review all materials.
How do you deal with misrepresentation?
Often, the only course of action is taking the matter to the Immigration and Refugee Board of Canada or the Federal Court of Canada, depending on the circumstances.