Misrepresentation is considered by Canadian Immigration to be a very serious crime. It is considered fraud to represent yourself as another person, falsify and submit information or documents, and/or carry on a lie. Both Citizenship and Immigration Canada (CIC) and Canadian Borders Services Agency (CBSA) take misrepresentation seriously and an individual caught misrepresenting can face being labeled as inadmissible.
According to Section 40 of the Immigration and Refugee Protection Act, a permanent resident or foreign national is inadmissible to Canada 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 Canada’s immigration laws.
Some examples of misrepresentation are:
- Providing documentation that have been falsified and are not genuine
- Representing yourself as an individual who is someone other than yourself
- Portraying a non-genuine marriage as an genuine one
- Failing to include past employment or indicating employment that is non-existing
- Not declaring a family member on an application
- Leaving out visa refusals for another country
It is important to note that if an dependent on an application is caught as misrepresenting, the principle applicant is taken to be at fault, even though in some circumstances the principle applicant was unaware of the misrepresentation. There are times when you might not even be aware that you have misrepresented. You might have left out information in your application form by mistake or are simple not aware of crucial information and did not declare it. Being accused of misrepresentation in those scenarios can be highly troubling.
CITIZENSHIP AND IMMIGRATION CANADA
If you are being accused of misrepresenting, you will be offered an opportunity by CIC to address and response to CIC’s concerns. CIC will provide you with a Procedural Fairness letter, where you will be provided with a deadline to submit your response. When we respond to CIC on behalf of our clients, we include a lengthy submission, where we respond to the allegation (s), break down the reason of the misrepresentation, indicate that our client is not at fault (if applicable) and prove that our client does not fall within the sphere of misrepresenting, along with supporting documentation as evidence to prove the same. It is very crucial to respond within the time period prescribed as not doing so may result in the application being refused.
CANADIAN BORDER SERVICES AGENCY
If you are already present in Canada as a temporary or permanent resident, you can still be accused of misrepresentation. If that is the case, CBSA, just like CIC, will provide you with the opportunity to address the allegations of misrepresentation. You will be referred to the Immigration Division for an Admissibility Hearing, where the alleged misrepresentation will be addressed. When one of our clients have to attend a hearing such as this, we, as their legal representative, attend the hearing with them and outline the reasons why our client does not meet the definition of misrepresentation.
It is prudent that you contact us when you receive the Procedural Fairness letter in order for us to start working on our submission and gather evidence as soon as possible. As there is a strict time period and some documentary requests might take more time than the time prescribed to attain, please do not delay in contacting SSLF.
If your application has been denied due to misrepresentation, please contact us immediately due to the strict deadlines associated in these cases.
Please contact Subuhi Siddiqui Immigration Law Firm for your immigration, citizenship or status matter. To set up a consultation, give us a call at (647) 454-9364 or e-mail us at firstname.lastname@example.org.