Misrepresentation is a legal term in the Canadian immigration system. Providing incorrect/false information on your immigration application, even when unintentional, poses the risk of misrepresentation. This term refers to presenting information to the Government of Canada that is false, deceptive, or incomplete, which could lead to errors in applying immigration laws to your specific situation.
This includes information given or withheld by the applicant and details provided on their behalf, such as by a Canadian sponsor in family class cases. The applicant can be held accountable for misrepresentation, even if they did not commit it personally. Misrepresentation can lead to the loss of Canadian citizenship when important information is left out of an application. Examples include:
Misrepresentation is a serious offense under Section 40 of the Immigration and Refugee Protection Act (IRPA) act of Canada. It can lead to application denial, fines, a five-year ban on reapplying for Canadian immigration, and/or an order to leave Canada.
Non-disclosure of previous marriages
Mentioning a previous marriage in your immigration application does not add value but omitting it can be viewed as misrepresentation. For instance, if you are sponsoring a partner and fail to disclose two previous marriages within five years, immigration authorities may consider this in their decision. Even unintentional exclusions can jeopardize your application.
Non-disclosure of previous military or political activity
You may feel hesitant to discuss your past political involvement, especially if you are uncomfortable sharing your views. However, when applying for immigration, it is important to disclose any previous political engagement, including military service and participation in political parties.
Non-disclosure of previous offences
You must disclose any criminal offense, even if it happened many years ago. Failing to disclose criminal offense can lead to misrepresentation, regardless of where the offense occurred.
Non-disclosure of a prior visa refusals
If you were denied entry into any country, you must report it in your immigration application. This includes any type of visa or immigration application refusal, such as temporary work permits, visitor visas, permanent residency visas, or student visas.
Approximation of date, facts, and details
If you are uncertain about facts, dates or details, you may be tempted to provide estimates, but this risks misrepresentation. Authorities may notice discrepancies and question your honesty. It is better to admit your uncertainty than to provide incorrect information. Being clear and honest in your application helps prevent any form of misrepresentation, even if unintentional.
Even if a candidate makes an honest error, misrepresentation can nonetheless occur. However, there is some subtlety involved.
As per its official definition:
“A permanent resident or a foreign national is inadmissible for misrepresentation 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.”
The determination of whether something constitutes misrepresentation depends on the information that is disclosed or withheld, as well as whether that information is considered "material" in a particular situation. Innocent misrepresentation occurs when an applicant shares information, they believe to be accurate, but it turns out to be incorrect or incomplete.
Regardless of intent, an innocent mistake can have the same consequences as intentional misrepresentation if it is considered material. For example, mistakenly entering your employment start date as 2016 instead of 2018 may add two years of work experience to your record. This can be viewed as misrepresentation if work experience is critical to your case, even if it's just an error. Additionally, failing to notify Immigration, Refugees, and Citizenship Canada (IRCC) about changes in your circumstances, such as a new spouse or child, can also cause problems.
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