Misrepresentation Canada Visa and Immigration

Before we discuss misrepresentation in Canada, let’s have a quick reminder. When you apply for an immigration visa, study permit, or work permit to Canada, you need to answer several questions. Of course, you also need to submit several documents. Consequently, some questions and documents reveal the following:

Of course, the exact questions depend on the type of application and, in some cases, your country of origin. Regardless, deliberately wrong answers or hiding information could constitute misrepresentation.

Table of contents

Material fact and misrepresentation

The information that affects the decision of the immigration officer is a material fact. Therefore, the officers expect you to share the material fact with them thoroughly and without altering it. Consequently, if you directly or indirectly withhold material fact or make changes to deceive the officer, you have committed misrepresentation.

Inadmissibility because of misrepresentation

The Immigration and Refugee Protection Act (IRPA) is really harsh to those who commit misrepresentation. Under section 40 of the IRPA, a foreign national or a permanent resident will be inadmissible to Canada for five years due to misrepresentation. Consequently, the officer refuses the application as well. In Canada’s permanent residents, they will lose their permanent resident status and become foreign nationals concerning Canada.

Section 40 of the IRPA does not affect Canadian citizens. However, if the misrepresentation had occurred when they were applying for citizenship or applying for permanent residence, they could lose their Canadian citizenship under section 10 of the Citizenship Act. Consequently, they become foreign nationals.

<< Let us help! >>

Removal orders due to misrepresentation

If the person who has misrepresented is inside Canada, they could receive a removal order. Of course, they usually receive an Exclusion Order that bans them from Canada for 60 months.

Even more serious consequences

Under section 127 of the IRPA, any person who undermines the Immigration and Refugee Protection Act by misrepresentation has committed an offence. Of course, misrepresentation in this context includes withholding or altering material facts or refusing to answer the questions raised by an officer, or affirm their answers’ truthfulness. Moreover, under section 126 of the IRPA, those who help the applicant commit misrepresentation also commit an offence.

You may ask what the penalty for such offences is. Well, under section 128 of IRPA, if your actions fall under sections 126 or 127, you may face up to five years imprisonment or up to a $100,000 fine or a combination of both. Interestingly, these consequences cover every person regardless of their status in Canada. Therefore, Canadian citizens are not immune.

If you misrepresent, you lose the right to appeal the officer’s decision except for spouses or common-law partners in sponsorship applications (see subsection 64(3) of the IRPA).

In a recent article, I have explored misrepresentation because of forging documents.

<< Let us help! >>

Remedies for misrepresentation

If you are facing misrepresentation allegations, you might have the following options:

There is no guarantee you succeed in any of the above options. Regardless, you may also find the following article useful:

Of course, if you face criminal offences because of misrepresentation, you must seek help from a lawyer.

If five years pass from inadmissibility, you may apply for a visa or immigration to Canada. However, expect the officers to scrutinize your application.

<< Let us help! >>

Some last words about misrepresentation

Make sure you understand what is a material fact about the application you submit. Thus, be truthful and not hide the material facts from the immigration officers or border services officers. Remember, the consequences are significant.  Of course, if the facts are irrelevant to the application and do not affect the officer’s decision in any shape and form, you are not obliged to share them with the officer. The rule of thumb says everything on the forms and document checklists is a material fact. Sometimes you make mistakes, and officers consider them as misrepresentation. You need to communicate the matter with the officer as soon as possible and do your best to convince them you did not misrepresent.

Let us help!

If you are facing misrepresentation or other immigration issues, contact us through the following form. Of course, we will review your information and documents and will contact you as soon as possible.

    Welcome! We're here to help you with your immigration concerns. Please provide some initial information to help us understand your situation and guide you better. Your journey towards resolving immigration issues begins here.

    Personal Information

    Full Name (required)

    Email (required)

    Confirm Email (required)

    WhatsApp number (optional)

    Immigration Concerns

    Are you inadmissible to Canada?

    YesNoI don't know

    Have you received a removal order from Canada?

    Yes, DepartureYes, ExclusionYes, DeportationYes, type unknownNoI don't know

    Any other issues (select all that apply)?

    Do you believe humanitarian and compassionate grounds apply to you?

    YesNoI don't know

    Please explain the issue briefly:

    Additional Resources

    Upload a file that could help us better understand your situation - only PDF, JPG or PNG and less than 0.5MB. Examples of helpful documents include: refusal letters, other correspondence from immigration authorities, etc.

    Your Next Step

    If you prefer to discuss your situation directly, you can book a consultation session with Al Parsai. Please note that the consultation is not free. By submitting this form, you're taking the first step towards receiving professional guidance on your immigration journey. We will review your information and advise if it is best to book a consultation with him.

    We take your privacy seriously. Your information will only be used to assess your situation and to contact you.

    Client Testimonials

    We are proud to have a rating of 4.8/5 based on tens of reviews. Here's what one of many of our satisfied clients had to say about our services:

    A testimonial by a satisfied consultation client.

    You can find more reviews by searching for "Parsai Immigration Services" on Google.

    Read this in Spanish 

    Related Posts

    A Comprehensive Guide to Low-Wage LMIA in Canada (2024)

    Jun 10, 2024

    Open Work Permits for Vulnerable Workers OWP-V: A CIMM View

    Jun 9, 2024

    Comparing the U.S. INA and Canada’s IRPA: Immigration Laws

    Jun 8, 2024

    Join Al Parsai in Calgary and Edmonton!

    Jun 3, 2024

    If you wish to visit or move to Canada, please fill out our free assessment form. We will review it for free, but we will contact you only if we find an opportunity for you. Alternatively, you may book a consultation session. Consultation sessions are not free, but you will receive formal advice from a licenced practitioner.

    Al Parsai, MA, DTM, RCIC
    Regulated Canadian Immigration Consultant
    Ashton College Instructor – Immigration Consulting
    Author – 88 Tips on Immigration to Canada

    Fill our Free Canada Immigration Assessment Form in your language!

    This article provides information of a general nature only. Considering the fluid nature of the immigration world, it may no longer be current. Of course, the item does not give legal advice. Therefore, do not rely on it as legal advice or immigration advice. Consequently, no one could hold us accountable for the content of these articles. Of course, if you have specific legal questions, you must consult a lawyer. Alternatively, if you are looking for immigration advice, book an appointment.

    The characters and places in the articles:
    All the characters and locations in the articles are fictional, unless otherwise clearly stated. Therefore, any resemblance in names, dates, and places is coincidental.

    Important Notes:
    For our official addresses, trust this website only. We currently do not have offices outside Canada. Therefore, anyone who claims to be our agent is committing fraud. Also, note that we do not issue any work permits or study permits or similar documents. The government of Canada has the sole authority to issue such material.

    Click to read the disclaimer.

    Al Parsai

    This article has been expertly crafted by Al Parsai, a distinguished Regulated Canadian Immigration Consultant (L3 RCIC-IRB – Unrestricted Practice) hailing from vibrant Toronto, Canada. Al's academic achievements include an esteemed role as an adjunct professor at prestigious Queen's University Law School and Ashton College, as well as a Master of Laws (LLM) degree from York University. A respected member of CICC and CAPIC organizations, Al's insights are further enriched by his experience as the dynamic CEO of Parsai Immigration Services. Guiding thousands of applicants from over 55 countries through the immigration process since 2011, Al's articles offer a wealth of invaluable knowledge for readers.