Misrepresentation

Misrepresentation

It is a criminal offence in case if an applicant has provided false information in his/her immigration application.

The Immigration and Refugee Protection Act (IRPA) sets out that a foreign national or permanent resident can be found to have misrepresented for many reasons some of which include the following:

  • Providing inconsistent, inaccurate, or incomplete information to Immigration, Refugee and Citizenship Canada (IRCC) or to the Canada Border Services Agency (CBSA) and that as a result has or could induce an error in the administration of the IRPA;
  • Withholding material facts from IRCC or CBSA that are relevant to the matter and that, as a result, has or could induce an error in the administration of the IRPA;
  • Being sponsored by an individual who has been found to be inadmissible for misrepresentation;
  • Following the vacation of a decision to allow of a claim or application for refugee protection; or
  • Following cessation of citizenship based on a determination that this status was obtained by false representation or fraud or knowingly concealing material circumstances.

It is a serious crime in Canada to represent false documents/information, statements in an application/interview to Immigration and IRCC officer. No tampering is permitted with the following documents:

  • Passports, Travel documents and Visas
  • Any Educational Degree and Transcripts
  • Birth Certificate, Marriage Certificate, Divorce Certificate, Annulment, Separation, or Death Certificate
  • Police Certificates
  • Reversing the date and month of birth on an application;
  • Indicating being single when widowed; or
  • Providing correct and consistent information on multiple forms except one.

If you send false documents/information, the embassy will refuse your application. The Embassy may also take the below steps:

  • Restrict you from entering Canada for at least 5 years
  • Permanent record of fraud
  • Detain your status as a permanent resident or Canadian citizen
  • Have you charged with a crime
  • Abolish from Canada

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

If an officer considers you inadmissible to Canada due to misrepresentation, you might have limited options. Contact us in case you require any assistance with respect to misrepresentation.