Since the passage of the Faster Removal of Foreign Criminals Act, cases of immigration inadmissibility on the basis of misrepresentation have increased. In addition, the consequences of being found inadmissible for misrepresentation to Canada could result in an immigration ban of up to a period of five years under the Immigration and Refugee Protection Act (IRPA). A finding of inadmissibility for misrepresentation will prohibit the Applicant from seeking eligibility to apply for a visa during this period. As such, findings of inadmissibility by visa offices both overseas and in Canada on the rise exponentially.
What is Immigration Misrepresentation?
Not being truthful on an immigration application or submitting fraudulent documents in support of an immigration application knowing or unknowingly could result in a finding of inadmissibility for misrepresentation.
- 40(1) of the IRPA states:
“40 (1) A permanent resident or a foreign national is inadmissible for misrepresentation
(a)Â for directly or indirectly misrepresenting or withholding material facts relating to a relevant matter that induces or could induce an error in the administration of this Act;
Misrepresentation can happen for many reasons, including:
- Giving information to IRCC or to CBSA that is inconsistent, erroneous, or incomplete that could potentially cause an error in the administration of the IRPA
- Withholding material facts from IRCC or CBSA that are applicable to the matter and that, as a result, has or could cause an error in the administration of the IRPA
- For being or having been sponsored by a person who is determined to be inadmissible for misrepresentation
- Following the vacation of a decision to permit a claim or application for refugee protection
- Following termination of citizenship based on a decision that this status was obtained with the help of false representation or fraud or knowingly concealing material circumstances
Examples of material misrepresentations that could lead to an administrative error include:
- Not declaring that you have been refused a visa for another country
- Providing a document that is proven to be falsified
- Failing to mention a family member
- Reporting falsified employment experience
- Engaging in a non-genuine marriage
Non-Material Examples
Some misrepresentations are non-material and could not cause an error or would be of only limited relevance, depending on the situation. These non-material errors are usually found and are insignificant. Examples of non-material misrepresentations include:
- Indicating wrong information on the Application e.g.: providing wrong date of birth,
- Misrepresenting marital status e.g. Failing to disclose common-law relationship.
- Providing contradicting information on an application
What if the Information Did Not Come from You?
Misrepresentation information can be given or withheld by the individual principal applicant, a family member, or a personal representative. No matter the circumstances or who provided the false information, it is always the principal applicant who is at fault. This remains true even if they were not aware of the misrepresentation. Since immigration misrepresentation is such a serious issue, those who are accused of it should contact an experienced Mississauga lawyer as soon as possible.
If Your Spousal Sponsorship Application was Refused due to Misrepresentation, Hire a Knowledgeable Lawyer in Mississauga Today
Immigration misrepresentation can have many consequences, and it can derail your life and family plans. If your spousal sponsorship application was denied based on misrepresentation, you do have options. A skilled lawyer can help you explore which ones might be best for you. Connect with a Mississauga lawyer today at Nanda & Associate Lawyers by calling (905)-405-0199 or use our online contact form. We can assist clients in 17 different languages, including English, French, Hindi, Punjabi, Gujarati, Bangla, Chinese, Italian, Telugu, and Tamil.
