Rising misrepresentation cases in immigration to Canada?
I recently see a significant increase in misrepresentation cases in immigration to Canada. We receive several messages from all over the world regarding this issue. Of course, this could be due to the articles and videos I have posted on this subject. Regardless, it seems IRCC is taking misrepresentation more seriously these days.
- Defining misrepresentation
- The consequences of misrepresentation
- Is there a solution?
- Let me help you!
What is misrepresentation?
When you immigrate to Canada, you must be truthful to the immigration authorities. Of course, the duty of honesty extends to TRV, work permit, study permit, citizenship and other applications. You also may not hide essential information in your applications. Therefore, any of the following activities could constitute misrepresentation:
- Forging documents
- Hiding decisive information
- Altering information
- Deceiving the immigration officers in any shape and form
Misrepresentation is an effort for a favourable decision by the officer.
What are the consequences of misrepresentation?
If an officer believes you misrepresented, they issue a Procedural Fairness Letter (PFL). Consequently, they give you a few days (usually between 30 and 90 days) to respond to their concerns. You must take these letters seriously and reply to them as comprehensively and convincingly as possible. However, if the officer does not accept your response, they could take one or more of the following steps:
- Refuse your application.
- Make you inadmissible to Canada under section 40 of the Immigration Act for 60 months.
- If you are inside Canada, initiate your removal from Canada. However, the type of removal order depends on which paragraph of the IRPA applies to you, namely:
- A40(1)(a) or (b) – an exclusion order
- A40(1)(c) or (d) – a deportation order
- Charge you under section 127 of the Immigration Act. Consequently, you could face up to five years in prison, or up to $100,000 in fines, or both.
Your inadmissibility could also make your family members inadmissible to Canada.
Is there a solution?
As you can see in the previous section, misrepresentation is a legal issue. Therefore, take it seriously. I highly recommend contacting a professional to assist you. Of course, depending on the situation, you could take one or some of the following steps:
- Fight back the allegations by presenting substantial evidence.
- Request a TRP.
- Ask for relief under H&C.
- In case of spousal sponsorship, appeal the decision.
The actual remedies depend on your case. The standard of proof is reasonableness. Thus, it would help if you convinced the officer on reasonable grounds to decide in your favour.
Let me help you!
If you are facing misrepresentation or similar issues, fill out the following form. Nonetheless, you may book a consultation session with me.
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Al Parsai, LLM, MA, RCIC-IRB
Regulated Canadian Immigration Consultant
Adjunct Professor, Queen’s University Faculty of Law
Instructor, Ashton College, Immigration Consulting Program
Author of 88 Tips on Immigration to Canada and Inadmissibility to Canada for Human Rights Violations
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