If you are discovered providing information that is incorrect, or/and inconsistent, or/and inaccurate, then it is considered Misrepresentation. Any information provided to the Immigration, Refugees, and Citizenship Canada (IRCC) or to the Canada Border Services Agency (CBSA) must be true and factual.
If any of the information is found to not be credible, you can be barred from returning to Canada for 2 to 5 years.
What are the Reasons for Misrepresentation?
You could be found to have misrepresented if:
- You provide information to the IRCC or CBSA which is found to be not credible, this would be considered non-compliance with the Immigration and Refugee Protection Act (IRPA)
- You are withholding information from IRCC or CBSA that may be relevant to your application
- You are sponsored by a family member who was deemed inadmissible for misrepresentation
- Your legal status was reproved because it was obtained by providing false information and concealing material facts
- Your refugee protection ceased after you missed the timeframe of a decision to allow you to file a claim or an appeal
What are the Consequences of Misrepresentation?
If you are found to have misrepresented, there will be severe consequences on your legal status in Canada.
You can be declared inadmissible to Canada along with your accompanying or dependant family members. The Immigration and Refugee Protection Act (IRPA) can impose a 5-year ban from Canada.
If you are discovered to have misrepresented before entering Canada, then the IRCC may allow you to respond to their concerns. This is called ‘procedural fairness.’
If the review does not clear the misrepresentation, you can be required to attend an interview with the IRCC or the CBSA, followed sometimes, by a hearing before the Immigration Division.
If you are found inadmissible to Canada based on misrepresentation, then a removal order may be issued. Only permanent residents can appeal against the removal order to the Immigration Appeal Division (IAD). Everyone else can appeal to the Federal Court of Canada.
Call and speak to our team, so that they can book a time with a licensed immigration professional who will answer all your questions.
- Explore your full options with our immigration assessment
- Receive a response from our team in one business day
Frequently Asked Questions (FAQs) About Misrepresentation?
Misrepresentation means providing incorrect information or facts. There are 3 types of misrepresentation: innocent misrepresentation, negligent misrepresentation, and fraudulent misrepresentation.
It is a letter sent by the immigration officer that authorizes the visa applicant to respond to concerns about the information provided by the applicant.
Direct misrepresentation is when you knowingly and willfully provide false information, whereas indirect misrepresentation is when you were ignorant or unaware of the misinformation.
Why Is It Necessary to Seek Legal Representation?
Has your Canadian immigration application been rejected? Have you been refused entry to Canada or is it much worse?
Treated unfairly by the Canada Border Services Agency (CBSA) or the Immigration, Refugees and Citizenship Canada (IRCC), by a tribunal or by an immigration officer?
Distressed over your situation? Is a family member involved?
There can be hope for almost every negative situation on an immigration-related decision.
Your current outcome is not definitive, it can be challenged.
Under Canadian immigration laws, almost all refused applicants have the right to seek judicial review of their immigration challenges. Most foreign nationals, permanent residents and most sponsors also have rights to appeal their cases.
At My Visa Source, our experienced immigration litigation lawyers have successfully represented our clients in front of The Federal Court and the four divisions of the Immigration and Refugee Board (IRB).
Immigration is a complex process that requires strong legal strategy, precise paperwork, and perfect attention to detail and experience dealing with immigration officials and government departments, reducing the risk of wasted time, money or permanent rejection.
We take on cases with regular circumstances to ones that are very complex. Our processes have been honed to streamlined efficiency over a decade with a team who are happy, experienced, understanding, patient, cooperative, careful, neat, thorough, and easy to work with. Communication with our clients is one of the keys to our success.
Why Contact My Visa Source?
With over a decade of helping people from over 120 countries on Canadian immigration matters and litigation.
You can judge for yourself the reputation of our immigration law firm. Just Google, “My Visa Source” and see for yourself.
Contact us and let our immigration litigation lawyers quickly find out about every detail, and sequence involving your situation, so that we can move forward on your behalf.
Begin with our one-minute online assessment form or speak with an award-winning immigration lawyer over the phone or on Skype, or in-person at our downtown Toronto and Vancouver offices.
Vancouver at 604-800-1681
Toronto at 416-900-1044
Toll-Free at: 1-888-509-1987
We’re open 6am-9pm PST & EST, 7 days a week and are ready for video and phone consultations.