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Misrepresentation

Misrepresentation

A finding of misrepresentation by Immigration, Refugees and Citizenship Canada (Immigration Canada) will make a foreign national inadmissible to Canada.

A foreign national can be guilty of misrepresentation by either knowingly or unknowingly providing false information or documentation. Therefore it is important that a foreign national closely reviews all information and documentation that was collected in support of their application prior to submission.

A foreign national can also be found guilty of misrepresentation if they fail to disclose relevant or material information in their application. For example, a finding of misrepresentation can occur if a foreign national fails to disclose a criminal conviction that had been pardoned or erased from their criminal record. 

A foreign national is responsible for the information contained in their application. Therefore if there is a change of circumstances, such as a criminal conviction, a divorce or separation, or the development of a serious medical issue, it is the responsibility of the foreign national to disclose the change of circumstances. 

The consequences of misrepresentation are serious. If a foreign national is found to have made a misrepresentation on their application, Immigration Canada can:

  • Forbid an foreign national from being allowed to enter Canada for a period of at least five years; 
  • Give a permanent record of fraud on the foreign national’s file;
  • Charge the foreign national with a crime; 
  • Remove the foreign national from Canada; or
  • Remove a foreign national’s temporary residence status, permanent residence status or Canadian citizenship.

Misrepresentation is a complex issue and will often require professional guidance. If you have received a procedural fairness letter regarding a possible finding of misrepresentation, and would like to explore the options available to you, please contact us.