Misrepresentation is considered an offence as per Immigration, Refugee & Citizenship Canada (IRCC) and a person can be denied entry to Canada based on the misrepresentation made.
A person can be refused entry to Canada, have his/ her legal status in Canada revoked or application rejected if misrepresentation is found anywhere in the process. You will need to make sure that you are not charged with misrepresentation charges, or you may learn how to overturn the misrepresentation charges levied against you.
What is meant by the term ‘Misrepresentation’?
Misrepresentation is an intentional changing of facts or information to another person. Misrepresentation can be done by lying, providing the wrong information or intentionally providing false documents. Fraud and misrepresentation, both are done intentionally.
Misrepresentation includes many activities such as:
- Providing incorrect or false information while interacting with the IRCC/CBSA officer or on an immigration application
- Deliberately holding back information which can make you inadmissible to Canada (includes information which has not been asked directly)
- Altered or false travel documents including passports
- Intentionally altered or false visas
- Altered or false educational documents including diplomas, degrees, transcripts, credential evaluations, apprenticeship documents
- False documents or certifications of birth, marriage, separation, divorce or death
- Altered or false certificates of police clearance
Is misrepresentation penalized or punishable?
A person who misrepresents facts can be penalized and even face rejection of their immigration application. There can be many other consequences of misrepresentation including:
- Being barred from entering Canada for at least 5 years
- Inclusion in IRCC Fraud records
- Legal status of a Canadian citizen, Permanent Resident or Temporary Resident can be revoked
- Being charged with any crime
Misrepresentation can be easily avoided by keeping all information on your application up to date, valid and correct. You should also attach all necessary documents to support your case.
Are mistake and misrepresentation, the same?
A mistake can happen if any minor incorrect information is present on your application. If any supporting documents are required but not provided, it is considered insufficient evidence and not a case of misrepresentation.
If any information is willingly withheld or not shared, that is considered misrepresentation.
In all circumstances where your application is submitted by a third party on your behalf, you can still be held responsible for misrepresentation if false information is presented. Your Immigration Lawyer can also be held responsible so hire your Lawyer with care.
Is a person facing misrepresentation charges, allowed to enter Canada?
An appeal can be made against the Officer’s decision if you feel that the charges of misrepresentation have been brought about mistakenly. There are avenues of coming to Canada. For temporary entry needed into Canada, you can apply for the Temporary Resident Permit (TRP).
Temporary Resident Permit is issued by the Canadian government to allow an inadmissible person to enter Canada. A person can enter Canada on a temporary basis with the TRP from one day to a maximum of three years. The risk of permitting a person to enter Canada is examined as compared to the valid reason to enter Canada.
If a person has an entry ban to Canada, can they apply for the Temporary Resident Permit (TRP)?
Getting approved for TRPs is relatively difficult if you have an entry ban to Canada. It is suggested that you wait for the ban period to be over before applying for a TRP or make a PR application. Misrepresentation stays on file with the Canadian government and has a bearing on all applications submitted.
We can Help
The well-informed immigration lawyers and Regulated Canadian Immigration Consultants(RCICs) at Nanda & Associate Lawyers will assist you in all matters regarding Misrepresentation charges. If you are facing misrepresentation charges which are not allowing you to enter Canada, you can connect with us to discuss the options available to you. We will impart sound legal advice to help you on the path to a better and safer future for you.
Our Mississauga Immigration Lawyers are available for a consultation. Come and experience our quality legal counsel and personalized care we give to each client. We ensure prompt communication and a professional approach to achieve successful outcomes for you.
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