Generally speaking, misrepresentation involves misstating of information contained in an application to Canada’s immigration authorities. This might occur if you mistate information, whether deliberately or not, or withhold important information that would otherwise impact the decision that the immigration officer would make.
Implications Of Misrepresentation
Misrepresentations are treated very seriously under Canada’s immigration regulations. Specifically, where you are found to have misrepresented, you are at risk of being banned from entering Canada for a minimum period of five years. It is important to note that the same applies to non-Canadians, that is, foreigners who want to apply for a visa or work permit and Canadian permanent residents.
Hence, if you are a Canadian permanent resident, for instance, and you misrepresented some information contained in your original permanent residency application, and this is discovered and verified after the fact, you would be at a risk of being removed from Canada. Additionally, you could be banned from reapplying to enter Canada for at least a minimum of five years. That is the penalty for misrepresentation when discovered. Similarly, the same applies in the case of persons who want to apply to come to Canada temporarily.
Innocent Misrepresentation
Innocent misrepresentation is an important concept that should be differentiated from misrepresentation. It occurs when you genuinely make an error and the information included is not provided with the intention of misleading the authorities. In this case, this is referred to as innocent misrepresentation.
There may be situations where there might be a misrepresentation but the misrepresentation is not material. This means that even if correct information had been included, it would not have negatively or adversely impacted the application that you were making.
What Happens If You Are Found To Have Misrepresented?
In a situation where you are found to have misrepresented, the consequences vary. Basically, it depends on the circumstances.
If it is a situation where your application is underway and you realize that the information included in the original application is not fully correct, it is highly advisable to inform the immigration authorities right away. It is very important that you let them know that there was an error or a misrepresentation on the application. Explain what the misrepresentation or error was, and allow the immigration officer to make a decision.
It is critical to make sure that you are always truthful. That is what matters. Not doing so may lead to you being found to have misrepresented and bound to suffer the grave consequences.
What Options Are Available To A Person Who Has Been Banned For Misrepresentation?
In a situation where you have been found to have misrepresented and have been banned from reentering Canada, we would advise generally that you wait for the five year ban to lapse then reapply.
Persons who’ve been banned also have the option of applying for a temporary resident permit. However, the chances of such an application being approved are minimal. If the applicant is unable to show that their being granted entry into Canada would outweigh any harm that their presence in Canada may cause to Canadians, chances are even less.
While this is an alternative option for persons who have been banned, it is going to be a rather challenging option. Ideally, the best option would therefore be to wait until that five year ban has passed. After the ban has lapsed, you can then try to submit the most accurate and thorough application possible, supported with or by all of the necessary substantiating and supporting documents that are required.
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