Misrepresentation

Misrepresentation

Have you been refused based on Misrepresentation?

Being found inadmissible to Canada due to Misrepresentation is becoming more common. This is a very serious issue as it results in being banned for five years from making an application to return to Canada. You will not be allowed to enter Canada for 5 years.

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.

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 be found inadmissible to Canada which will prevent anyone from obtaining another temporary or permanent resident visa. In addition, the person(s) 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 received a Procedural Fairness Letter (PFL):

It is highly recommended to retain professional help from a law firm. This is the only opportunity to respond before being found inadmissible for Misrepresentation. A detailed response with accompanying documents needs to be provided, as IRCC has an issue with your application. Far too many individuals contact firms after it is too late. Be proactive — contact us if you receive a PFL letter. We can help.

Contact us to learn how we can help you with your Procedural Fairness Letter.