A person can be found inadmissible to Canada on the basis of misrepresentation. It is a very serious issue as a person who is found to have misrepresented in their immigration application can be banned from entering Canada for about 5 years. 

What do you mean by misrepresentation?

Misrepresentation means that the information that was provided to Immigration, Refugees and Citizenship Canada (IRCC) or Canadian Border Services Agency (CBSA) was inaccurate, inconsistent and incomplete.

Following are examples of misrepresentations:

• Not declaring that you had been refused a visa for another country.
• Providing a fraudulent document.
• Not mentioning  a family member.
• Providing false job experience documents.
• Marrying for the purpose of immigration, fake marriage.

The false information provided can be by the applicant, his family members or his representatives. But the court would always hold the Principal Applicant responsible for the misrepresentation. 

What happens when a person faces allegations of misrepresentation?

IRCC would send a person a procedural fairness letter so that the person can respond and explain his situation. When a person gets a procedural fairness letter then it is important to respond within the specified timeline. The explanation can be either in the form of a letter or an interview. 

Why is it important to solve issues of misrepresentation?

When a principal applicant is found to have misrepresented then his dependent spouse and children are also considered inadmissible to Canada. They can be banned from entering Canada for five years. It also prevents them from getting any future temporary or permanent residence visas. Hence it is important to solve the allegations of misrepresentation in a timely manner.

Is making mistakes and misrepresentations the same thing?

If a minor inaccurate information is present in your immigration application then it is called a mistake. If additional information is required or more documents are required but not provided, then it is known as insufficient evidence, not misrepresentation.

When an information is willingly not disclosed and false information is given out, then it is called misrepresentation. 

Even if the wrong information is provided by a third party on your behalf, like your lawyer, you would still be responsible for it and charged with misrepresentation. 

Can a person who is facing misrepresentation charges enter Canada?

If you feel that the officer made a wrong decision and charged you for misrepresentation, then you can appeal that decision. You can also apply for a Temporary Resident Permit to enter Canada. 

 

We at SAM Law are well informed about the misrepresentation charges. We can help you in dealing with you. If you are facing misrepresentation charges then please contact us and we can help you in dealing with it.