Misrepresentation is considered a serious offense in Canada and can result in a 5-year ban from entering Canada. While challenging a charge of misrepresentation can be tough, several conditions may help in your favor.
Misrepresentation is when the immigration applicant is suspected of directly or indirectly withholding material facts relevant to the decision on their application. Sponsorship applicants can lose their residency if they have been sponsored by a person who is determined to be inadmissible for misrepresentation. Misrepresentation applied to:
- Applicants for permanent residence
- Applicants for temporary residence
- Applicants for temporary Work Permits and Study Permits
- Visa extensions and renewals
How Does Misrepresentation Occur?
Misrepresentation occurs when the applicant or their representative directly or indirectly withhold a material fact. This material fact must be related to the information provided in the application. Finally, this material fact must have induced or could influence an error by the administration.
How Do You Know that You Have Been Determined Inadmissible for Misrepresentation?
You will receive a “Procedural Fairness Letter” informing you of misrepresentation in advance. You will have 15 days to respond to the issues highlighted in the letter. These issues may be:
- Fraudulent documentation
- Undeclared visa refusals from the past
- Undeclared family members or relationships on previous applications that were discovered now
- Undeclared criminal charges or convictions
Your response to this letter must be thorough and clear. If you have an immigration representative, then it is always best to review and double-check the forms and applications you are signing. Ultimately, you will be held responsible for the contents of your application, so it is important to avoid any errors. Even if the admissibility was the fault of the representative, it will not be considered as a defense for inadmissibility.
What Are the Consequences of Misrepresentation?
If you are determined to be misrepresenting, then you will be inadmissible to Canada for 5 years. If you are present in Canada at the time of this decision, then you will be issued a removal order.
