One of the most common errors a permanent residence or work permit applicant can make is ‘misrepresentation’. It need not necessarily be intentional – most of the cases we encounter at Owlspriority Immigration are accidental in nature. This term, quite straightforward, pertains to the submission of inaccurate information or falsified documents to Immigration, Refugees, and Citizenship Canada (IRCC) during the immigration application process.
Among various factors to bear in mind, two critical points regarding misrepresentation are noteworthy. Misrepresentation may arise even if applicants unintentionally make errors (expanding on this later) in their application particulars or when submitting pertinent documents to Immigration, Refugees, and Citizenship Canada (IRCC). It is regarded as a type of fraudulent activity, thereby constituting a severe offense that can be prosecuted as a criminal act.
Typically, misrepresentation occurs when individuals commit errors in completing their application forms or submit documents containing inaccurate, unauthorized, or falsified information in support of their application. This need not necessarily be intentional – most of the cases we encounter at Owlspriority Immigration are accidental in nature. Failure to disclose pertinent information to Immigration, Refugees, and Citizenship Canada (IRCC) during the immigration application process can also be identified as misrepresentation.
Errors, omissions of pertinent details, or inaccuracies found in any of the following documents could be considered as misrepresentation by the Immigration, Refugees, and Citizenship Canada (IRCC).
Your application document (typically identified with the code "IMM"),
Passport(s) and other identification documents,
Visas or electronic travel authorizations (eTA),
Diplomas, degrees, education credential assessments (ECA), and documents verifying acceptance or graduation, or similar purposes,
Employment proof documents, such as job offer letters, apprenticeship or trade papers, or equivalent documents,
Certificates related to birth, marriage, final divorce, annulment, separation, or death.
Any other documents supporting your applications for permanent or temporary residence, including visas for work, study, or visit purposes.
The most straightforward method to steer clear of misrepresentation is to meticulously review all details and documents supporting your application. That’s what we do here at Owlspriority Immigration to bring smiles to our clients. Since anything submitted to IRCC as part of your application carries potential liability, it is advisable to double or even triple-check all information for accuracy and completeness.
Given the complexity of immigration applications, coupled with the extensive variety of documents and information required, numerous applicants opt to enlist the services of an immigration lawyer. This decision aims to enhance their protection and increase the likelihood of a successful application approval.
As previously stated, misrepresentation is classified as a form of fraud. Consequently, if you are determined to be guilty of misrepresentation, your immigration application will be denied. Moreover, the potential repercussions, contingent on the gravity of the misrepresentation and the particulars of each case, may encompass:
Prohibition from entering Canada for a minimum of 5 years,
Establishment of a permanent record of fraud with the IRCC,
Revocation of your status as a permanent resident or Canadian citizen,
Implication of any sponsors on your immigration application in the misrepresentation finding,
Possible criminal charges brought by IRCC,
Removal from Canada.
If you find yourself at risk or have been determined guilty of committing misrepresentation, there are certain actions you can take to address the situation.
At times, prior to an immigration officer reaching a conclusive decision on an applicant's misrepresentation, the officer may issue a Procedural Fairness Letter (PFL). These are electronic letters or emails sent by immigration officers to provide applicants with an opportunity to address concerns regarding documents or details in their immigration application.
Although it may be a source of frustration, receiving a Procedural Fairness Letter presents an opportunity to rectify any errors or miscommunications made by the applicant. Responding to the letter with a clear and thorough explanation is crucial, aiming to clarify any inaccuracies, mistakes, or omissions in the application. At this stage, applicants often opt to engage an immigration firm or a lawyer, as they can assist in crafting the most effective response letter to prevent potential allegations of misrepresentation.
If you have been found guilty of misrepresentation and disagree with the decision, you have the option to appeal through a Judicial Review at the Federal Court. While individuals can represent themselves in this process, many choose to enlist the assistance of an immigration firm or a lawyer. It is important to note that the Federal Court cannot replace the immigration decision or reconsider the case's facts; its role is to determine the reasonableness of the misrepresentation accusation.
Important! If the claim is deemed unreasonable, the Federal Court has the authority to overturn it, reinstating your eligibility for Canadian immigration.
Despite the potential severity of consequences for misrepresentation, IRCC's policies, outlined in IRCC’s Enforcement Manual, recognize that honest errors and misunderstandings can occur during the application process. The manual emphasizes the application of reasonableness and fairness when assessing such situations. A common defense during the Judicial Review process is the "innocent mistake" defense, where an applicant explains inaccuracies as unintentional errors. While this defense can be successful, it requires the applicant to reasonably prove that any misrepresentation was indeed the result of an innocent mistake. The responsibility lies with the applicant to satisfactorily explain this to the Federal Court.
The experts at Owlspriority Immigration, with more than a decade’s dedicated service and experience, excels in securing approval of immigration applications. Our team of professionals specializes in comprehensive preparation for permanent residence and other Canadian visas.
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