MISREPRESENTATION
WHAT IS MISREPRESENTATION?
Misrepresentation is defined in section 40(1)(a) of the Immigration and Refugee
Protection Act, SC 2001, c 27 (IRPA) and “includes directly or indirectly misrepresenting or withholding material facts relating to a relevant matter that induces or could induce an error in the administration of the Act.”
Misrepresentation can either be material or relevant. Any act of
misrepresentation made by either a Canadian permanent resident or a foreign
national, is considered serious by Immigration Refugee Citizenship Canada (IRCC).
WHAT ARE SOME EXAMPLES OF MISREPRESENTATION?
The act of misrepresentation can either be innocent or fraudulent. Example. The
sponsor in a spousal sponsorship application says he was not previously married
even though this is his third marriage. Another example. If an applicant for study
visa who made an application through his spouse, claims they have never been
denied a visa to the United States even though they were denied 10 years ago.
The latter may be an example of innocent misrepresentation.
WHAT ARE THE CONSEQUENCIES OF MISREPRESENTATION?
Section 40(2)(a) of IRPA states:
(a) the permanent resident or the foreign national continues to be inadmissible for misrepresentation for a period of five years following, in the case of a determination outside Canada, a final determination of inadmissibility under subsection (1) or, in the case of a determination in Canada, the date the removal order is enforced. In other words, there is a 5-year bar if one is found to have misrepresented facts or statements.
Book a consultation at info@canadavigenis.ca so we
can assist you to prepare a good response to the Procedural Fairness Letter.
WHAT ARE YOUR OPTIONS IF FOUND INADMISSIBLE FOR
MISREPRESENTATION?
An immigration officer may send you a Procedural Fairness Letter after observing one or more inconsistencies in your application. You have a very short time to respond to it—7 to 30 days. Once you receive a procedural fairness letter, it is
too late to withdraw your application. The best you can hope for at this point is a
refusal without a misrepresentation ban. Unfortunately, it doesn't matter who completed the application, you are still responsible for ensuring all the information in it is accurate.
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