If you’re found inadmissible for misrepresentation, your application for permanent residence, visitor visa, student permit, work permit, or renewal and extension of status will be denied. You may be denied entry to, or removed from Canada
A permanent resident or a foreign national is inadmissible for misrepresentation
- for directly or indirectly misrepresenting or withholding material facts relating to a relevant matter that induces or could induce an error in the administration of the Immigration and Refugee Protection Act (IRPA);
- for being or having been sponsored by a person who is determined to be inadmissible for misrepresentation;
- on a final determination to vacate a decision to allow their claim for refugee protection or application for protection; or
- on ceasing to be a citizen based on a determination that this status was obtained by false representation or fraud or knowingly concealing material circumstances.
Some examples of misrepresenting material facts that could induce an error in the administration of IRPA would be
- Failure to disclose a previous refusal by another country on a temporary resident visa (TRV) application or permanent resident (PR) application
- Providing fraudulent documents in a TRV application or PR application
- Failure to mention a family member
- Declare employment experience which you do not have
- Engage in a non-genuine marriage
- Providing incorrect facts about past work experience, education or travel history on a TRV application or PR application
- Failure to disclose information on a TRV application or PR application regarding criminal charges (even those that were dismissed), or offences for which you were charged
- Failure to disclose a family member on a TRV application or PR application
- Issued a 5 year bar by a Canada Border Services Agency (CBSA) officer upon entry to Canada for providing false information or not disclosing relevant information during questioning
Some examples of non-material misrepresentations that could not induce an error in the administration of IRPA or are of limited relevance would be
- Reversing the date and month of birth on an application
- Indicating being single when widowed
- Providing correct and consistent information on multiple forms except one
Misrepresented information can be provided (or omitted) by you, a family member, or your representative. In all cases, it is you who is at fault.
Decision Making Process and Your Options
If Immigration, Refugee and Citizenship Canada (IRCC) believe that you may be inadmissible for
misrepresentation, you will first be provided with the opportunity to respond to the allegations, which should
be set out either during an interview with a decision maker or in a Procedural Fairness Letter. If the
allegations are set out in a Procedural Fairness Letter, you will be given a specific amount of time to respond.
Where the application was made outside of Canada, the foreign national or permanent resident must provide a response to the Visa Officer who identified the potential misrepresentation. The Visa Officer will then assess these submissions and make a final decision. If the finding of misrepresentation stands, then the applicant will receive a 5-year bar on re-application. In case of applications for sponsorship of spouse or common-law partner under Family Class, the sponsor can appeal to Immigration Appeal Division (IAD) against the finding of misrepresentation or to waive off the 5-year bar on humanitarian and compassionate grounds.
Comparatively, if the foreign national or permanent resident makes the application from within Canada, then they must address their reply to IRCC, or at times the CBSA. If after reviewing these submissions the officer continues to believe that the foreign national or permanent resident has misrepresented themselves, they could be required to attend an interview with IRCC or the CBSA, followed in certain circumstances by a hearing before the Immigration Division (ID), where a removal order may be issued. Permanent residents may in some cases appeal this removal order to the IAD. Everyone else can challenge the removal order at the Federal Court. The 5-year bar will commence once the foreign national or permanent resident is removed from Canada.
Get in Touch for more information or for preparing a response to your procedural fairness letter, representing you at ID or/and IAD.