Canadian Immigration News

Inadmissibility Due to Misrepresentation: What to Do?

3 minute read
"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."
Written by My Visa Source Team
Published on:  Nov 17, 2021
denied visa stamp in a passport with canada flag my visa source
Begin your immigration journey now
Click and fill out a free online assessment to see how we can help you. It takes less than 1 minute to fill out.
Free Assessment
Call and speak to our team, so that they can book a time with a licensed immigration professional who will answer all your questions.
Call Us Now
Author info:

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:

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.

What Are Exceptions from Misrepresentation?

The most common exception, known as “innocent misrepresentation” occurs when the applicant truly and reasonably believes that they were providing the correct information. For example, if the applicant was provided with wrong information from a third party and was unaware that the information was incorrect. However, this exception only applies to truly exceptional cases.

What Can You Do If You Have Been Deemed Inadmissible for Misrepresentation?

Based on your situation, you can either challenge the decision by going to the Federal Court of Canada, the Immigration and Refugee Board of Canada, or the Immigration Appeals Division (IAD). The IAD addresses the cases of permanent residents who risk losing their status due to not meeting the residency requirements.

The Federal Court of Canada is open to all. Misrepresentation will jeopardize your complete application, even if it comes indirectly from your sponsor or your dependents.

If you are received the letter for misrepresentation, you can try the following options:

  • Mitigate the situation by being honest and remorseful
  • Present different documents to demonstrate that you have not misrepresented
  • Challenge the decision to the Federal Court by filing a Judicial Review
  • Apply for Authorization to Return to Canada (ACR) if you have already received a removal letter due to misrepresentation
  • Apply for a Temporary Resident Permit (TRP) if you plan on returning to Canada for a limited short period (1 day to 3 years)
  • Try applying under the Humanitarian and Compassionate Grounds program

While there is no guarantee that these options will help, you can always look for ways to overcome inadmissibility. 

Questions About Immigration? My Visa Source Has Answers.
My Visa Source stays updated on all immigration news and announcements across Canada and the United States, including sudden changes in government law. Our legal solutions help individuals, families, businesses and investors from North America and around the globe.
Get The Personalized Help That You Need and Deserve!
Securing personalized legal help is quick and simple. Begin with our one-minute online immigration assessment form or call us toll-free at 1-888-509-1987. Book a personal consultation to speak with an award-winning immigration lawyer either in person, over the telephone, or through a video conference. We're open 6am-9pm PST & EST, 7 days a week and are ready for in person, phone, and video consultations.
Canadian Flag
Latest Articles from Immigration Magazine