What is a misrepresentation?

Misrepresentation is a serious issue. In addition to a rejection, it can lead to a five-year ban from Canada.

A “misrepresentation” refers to the act of providing false or misleading information on an immigration application or withholding important information. It is important for individuals to be honest and transparent on their immigration applications to Canada.

The definition and scope of misrepresentation is broad. Even if you made a mistake or misunderstood a question on your application, it can still be considered misrepresentation if it results in false or misleading information being provided.

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Withholding information can be a misrepresentation

One common misconception about misrepresentation is that it only refers to actively providing false information. However, withholding important information can also be considered misrepresentation.

For example, if an individual fails to disclose a criminal conviction or a previous refusal on their immigration application, this could be considered misrepresentation.

As another example, if you fail to disclose information about a family member not included in the application, this could be considered a misrepresentation.

Misrepresentation applies to all immigration applications

Another common misunderstanding is that misrepresentation only applies to individuals applying for permanent residency in Canada. In fact, misrepresentation can also apply to individuals who are applying for temporary visas, such as work or study permits. Misrepresentations equally apply to permanent residence, such as Express Entry, Provincial Nominee Programs or other Permanent Resident programs.

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Misrepresenting your intentions is a misrepresentation

Your intentions need to be truthful. If you are applying for a study permit, you must have the intention to actively pursue a study program. If you apply for a work permit with a specific employer, you must have the intention of working for this employer. This can include applying for a temporary visa, such as a work or study permit, with the intention of staying in Canada permanently.

This equally applies to visitor visas. If you make an application to visit a friend, but your true intention is to get married and file for sponsor on the same visit, this could be a misrepresentation.

Misrepresentation can lead to a 5-year bar from Canada

The effects of a misrepresentation are serious. If an individual is found to have provided false or misleading information on an immigration application, or if they have withheld important information, they may be barred from entering Canada for a period of up to five years. If the individual is already in Canada, they may be issued a removal order and required to leave the country. If they fail to leave, a warrant can be issued for arrest.

Misrepresentation findings can be made AFTER an application is approved

Misrepresentation can occur at any time during the immigration process, including after an application has been submitted.

For example, if an individual provides false or misleading information on an immigration application and is subsequently granted a visa or permanent residency, they may be found to have committed misrepresentation if it is later discovered that the information, they provided was false. Similarly, if an individual withholds important information on their application and is subsequently granted a visa or permanent residency, they may be found to have committed misrepresentation if this information is later discovered.

If an individual is found to have committed misrepresentation after their application has been submitted, they may be subject to consequences to the same consequences, such as being barred from entering Canada for a period of up to five years, or being issued a removal order if they are already in the country.

Misrepresentation can impact immigration applications to other countries

Misrepresentation on an immigration application to Canada can have consequences beyond the Canadian immigration process.

Misrepresentation is generally viewed as a serious offence by immigration authorities worldwide, and a finding of misrepresentation by Canadian immigration officials may impact an individual's ability to obtain visas or gain entry to other countries. Many countries have information-sharing agreements with Canada and may be made aware of a misrepresentation finding.

As a result, an individual who has been found to have committed misrepresentation in Canada may face difficulties when attempting to immigrate to other countries in the future.

The Federal Court plays an important role in defining what is a misrepresentation. Visit our page called “What is a misrepresentation in case law at the Federal Court” for more details on what constitutes a misrepresentation and how it is applied by IRCC.

An immigration lawyer at Holthe Immigration Law can help

If you are unsure about how to complete an immigration application properly, it is a good idea to seek the advice of a qualified immigration lawyer. We can help you understand your obligations and ensure that your application is accurate and complete. Our lawyers have experience addressing misrepresentation before, during and after an application. We can help you properly preparing applications to avoid misrepresentations, respond to Procedural Fairness Letters if IRCC suspects that you may have committed a misrepresentation, and make an application for judicial review if you were found to have committed a misrepresentation.

Reach out for help if you’re dealing with misrepresentation or if you’re concerned with a potential misrepresentation finding