Avoiding Misrepresentation in Your Canadian Immigration Application
One of the gravest errors an immigration applicant can commit is misrepresentation. This term, refers to the act of providing false information or documents to Immigration, Refugees and Citizenship Canada (IRCC) as part of an immigration application.
It is imperative to understand two critical aspects of misrepresentation:
- It can occur even if applicants make an innocent mistake (further elaboration below) on their application details or in sending relevant documents to IRCC.
- It is considered a form of fraud and, therefore, a serious crime that can be prosecuted as such.
Read more Avoiding Misrepresentation in Your Canadian Immigration Application: judicial review in Canada
How Can Misrepresentation Occur on My Immigration Application?
Misrepresentation commonly arises when applicants make errors on their application forms or submit documents with incorrect, unauthorized, or forged details. Withholding relevant information from IRCC in an immigration application can also be considered as misrepresentation.
Therefore, any errors, omissions, or inaccuracies on the following documents could constitute misrepresentation to IRCC:
- Your application document (typically a form beginning with identification code “IMM”)
- Your passport(s) and other identification documents
- Your visas or electronic travel authorizations (eTA)
- Your diplomas, degrees, education credential assessments (ECA), proof of acceptance or graduation documents, or other related documents
- Your proof of employment documents, such as job offer letters, apprenticeship or trade papers, or other relevant documents
- Relevant certificates of birth, marriage, final divorce, annulment, separation, or death
- Police certificates and/or clearances
- Any other documents used in support of your permanent or temporary residence applications (including work, study, or visit visas)
Furthermore, misrepresentation can also occur in obtaining supporting documents (for example, lying about employment history to receive a job offer in Canada).
Read more Avoiding Misrepresentation in Your Canadian Immigration Application: Divorce in Canada
How Can I Avoid Misrepresentation on My Immigration Application?
The most effective way to avoid misrepresentation is to meticulously review all details and documents supporting your application. As anything submitted to IRCC can leave you potentially liable, it is advisable to double or even triple-check all information.
Due to the complexity of immigration applications and the often large number and diverse kinds of documents required, many applicants opt to hire an immigration lawyer. This professional assistance can better protect applicants and enhance the likelihood of their application being approved.
What Are the Possible Consequences of Being Found Guilty of Misrepresentation?
Misrepresentation is considered a type of fraud. Consequently, if you are found guilty of misrepresentation, your immigration application will be refused.
Depending on the severity of the misrepresentation and the specifics of each case, possible consequences may include:
- Being forbidden from entering Canada for at least five years
- Receiving a permanent record of fraud with IRCC
- Loss of status as a permanent resident or Canadian citizen
- Any sponsors on your immigration application also being found guilty of misrepresentation
- Being charged with a crime by IRCC
- Removal from Canada
Read more Avoiding Misrepresentation in Your Canadian Immigration Application: Affidavit Lawyer in Canada
What Can I Do if I Am at Risk or Found Guilty of Committing Misrepresentation?
While misrepresentation can have serious consequences for applicants, there are preventive measures and remedies available.
Procedural Fairness Letter
Occasionally, before making a final decision on whether an applicant is guilty of misrepresentation, an officer will send a Procedural Fairness Letter (PFL). These are communications that allow applicants to explain concerns that officers have about documents or details of the immigration application.
Although receiving a PFL can be frustrating, it is an opportunity to rectify any mistakes or misunderstandings. Applicants should respond with a clear and comprehensive letter, addressing inaccuracies, mistakes, or omissions in their application. Many applicants choose to hire an immigration lawyer at this stage to help draft the best possible response to avoid accusations of misrepresentation.
Judicial Review
If you have already been found guilty of misrepresentation and believe the claim is unreasonable, you can appeal this decision at the Federal Court through a process known as Judicial Review. While applicants can represent themselves, most choose to hire an immigration lawyer. Note that the Federal Court cannot replace an immigration decision with its own nor reconsider the facts of the case. The court can only determine if the accusation of misrepresentation was reasonably warranted.
If the claim is found to be unreasonable, the Federal Court can overturn it, thereby making you eligible for Canadian immigration once more.
Read more Avoiding Misrepresentation in Your Canadian Immigration Application: Case rejected due to incorrect information
While the consequences of misrepresentation can be severe, IRCC’s own policies—specifically section ENF02 s. 9.3 of IRCC’s Enforcement Manual—acknowledge that “It must be recognized that honest errors and misunderstandings sometimes occur in completing application forms and responding to questions….reasonableness and fairness are to be applied in assessing these situations.” Thus, one popular defense for applicants in the Judicial Review process is the “innocent mistake” defense. This defense involves explaining inaccuracies in the application as an innocent mistake. While this can sometimes be a successful appeal, it is not always effective. The “innocent mistake” defense requires applicants to prove reasonably that any misrepresentation was unintentional and satisfactorily explain why this is the case to the Federal Court.
The Unique law firm, with years of expertise, assists clients in getting their immigration applications approved. With lawyers, paralegals, and other legal professionals, the firm handles the complete preparation for permanent residence Refugee, family law, criminal and Notary public.
