Impact of Misrepresentation on Your Canadian Immigration Application

Misrepresentation is a grave offence that can jeopardize an applicant’s immigration to Canada. Be it intentional or by accident, misrepresentation has serious consequences and could potentially lead to a ban or expulsion from Canada.

Aspiring immigrants must understand what counts as misrepresentation to ensure their application is complete and authentic and avoid any pitfalls with Immigration, Refugees and Citizenship Canada (IRCC).

What is Misrepresentation in Canadian Immigration?

Misrepresentation is when an applicant provides false or misleading information, omits important details, or conceals relevant facts during the immigration process.

Per Section 40 of the Immigration and Refugee Protection Act (IRPA), misrepresentation can be detected at any stage of the immigration process, from initial applications, to interviews, and even after getting permanent residency.

Common Types of Misrepresentation

• False documents: Forging, altering, or counterfeiting required documents like passports, birth certificates, or education credentials.
• Incorrect personal information: Misstating personal information such as age, name, marital status, or family relationships.
• Omitting criminal history: Failing to disclose prior criminal convictions or charges, even if they seem minor or were committed many years ago.
• Employment or education fraud: Lying about work history, educational qualifications, or other professional experiences.
• Misleading medical information: Not disclosing significant health issues or falsifying medical reports.
• Non-disclosure of immigration status: Failing to mention previous refusals, deportations, or other immigration issues in another country.

Misrepresentation can have severe consequences and result in refusals even if you did not intend to do it. Innocent errors like providing incomplete information or misunderstandings can be grounds for misrepresentation if they influence the decision on an immigration file.

Consequences of Misrepresentation

Whether intentional or not, misrepresentation can gravely impact your Canadian immigration application. Here are potential consequences if you are found guilty of misrepresentation.

1. Five-Year Ban from Entering Canada: If IRCC determines that an applicant has engaged in misrepresentation, they will be banned from entering Canada for five years. This ban applies to all immigration streams, including visitor visas, work permits, and permanent residency applications.
2. Application Refusal: Any application with misrepresentation will automatically warrant a refusal, regardless of its merits. This means that even if an applicant meets all other requirements, misrepresentation will result in a denial.
3. Revocation of Permanent Resident Status: If an individual is found to have misrepresented information after becoming a permanent resident, they can be revoked of their status and be deported from Canada. The Canadian government takes a firm stance on upholding the integrity of its immigration system, and it will not hesitate to act on permanent residents who have misrepresented themselves.
4. Inadmissibility to Canada: Misrepresentation makes an individual inadmissible to Canada, which means they cannot enter or remain in the country. In serious cases, inadmissibility can extend beyond the five-year ban, making it virtually impossible for the individual to enter Canada in the future.
5. Damage to Reputation: Being found guilty of misrepresentation can harm an individual’s credibility and reputation, both in Canada and abroad. This can affect future immigration applications to other countries as well, as many nations share information about immigration offences.
6. Criminal Charges: In certain cases, providing false or misleading information on an immigration application can lead to criminal charges. This may result in fines, imprisonment, or both.
7. Impact on Family Members: Misrepresentation on an immigration application can have a ripple negative effect on an applicant’s family members. They may be deemed inadmissible or face deportation as a direct result of the applicant’s actions, potentially disrupting their lives and future plans in Canada.

Why People Engage in Misrepresentation

Despite the severe consequences, some applicants engage in misrepresentation for various reasons:

• Pressure to obtain immigration status: The pressure and desperation to secure immigration status may force some people to misrepresent their applications.
• Misunderstanding or ignorance: The immigration process can be complex and applicants may unintentionally omit relevant information in their applications. That’s why it is important to carefully review your application or tap the guidance of an immigration lawyer or consultant to assist you with your documents.
• Advice from unethical agents: Bad apples exist. There are some immigration consultants or agents who may advise applicants to modify or withhold information that could delay the process further. However, doing so may only lead to more serious consequences for the applicant.

How to Avoid Misrepresentation

Avoiding misrepresentation starts with understanding your obligations as an immigration applicant. Here are some key tips to ensure you stay on the right side of Canadian immigration law:

1. Be Honest and Transparent: Make sure to always provide accurate and truthful information in your application. If there are any discrepancies or unclear information in your documents, explain them upfront and provide any supporting evidence needed to clarify your situation.
2. Seek Professional Help: Working with a licensed immigration lawyer or certified immigration consultant can help you navigate the complex Canadian immigration process. These immigration professionals are familiar with the process and can ensure that your application is complete and accurate.
3. DoubleTriple-Check Your Application: Small mistakes, such as incorrect dates or misspelled names, can lead to misrepresentation claims. Always double-check, even triple-check your application for accuracy before submitting it to IRCC.
4. Disclose All Relevant Information: Even if you think certain details, such as past refusals or minor criminal charges, may harm your application, it is always better to disclose them. Immigration officers are trained to investigate discrepancies, and withholding information will likely result in a misrepresentation finding.
5. Do Not Buy Into “Quick Fixes”: Avoid offers of guaranteed or fast-tracked immigration from questionable sources. These often involve dishonest practices that can ruin your chances of success.

What to Do If You’re Accused of Misrepresentation

Misrepresentation is a serious offence in Canadian immigration law, and the consequences can be life-altering. By being honest, diligent, and seeking professional guidance, applicants can avoid common pitfalls and ensure their Canadian immigration journey stays on track.

If you are accused of misrepresentation, it is essential to act quickly and seek legal advice to fix the situation and avoid a full ban. Our immigration lawyers can review your case, help you respond to IRCC, and provide guidance on how to appeal or mitigate the consequences. Depending on the circumstances. Contact us at (416) 321-0353 or email info@nihanglaw.ca to book an appointment.