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MISREPRESENTATION OF FACTS: HOW GRAVE OF AN OFFENSE IS IT?

Immigration law

04 Feb

Misrepresentation is a legal concept in Canadian immigration law. It involves giving the Government of Canada information that is false, deceptive, or incomplete, which could lead to mistakes in the application of immigration laws to a specific case.

Submitting incorrect information on your immigration application, whether by accident or a wild misunderstanding of your own life story, can put you at risk of misrepresentation. Just remember, “I thought I was a professional skydiver” might not hold up as a valid employment claim.

Misrepresentation is a serious offense under section 40 of the Immigration and Refugee Protection Act (IRPA). It can result in the rejection of your application and may carry severe penalties, including fines, criminal charges, a five-year ban on applying for Canadian immigration, and/or an order to leave Canada.

This encompasses information that the applicant provided or omitted directly, as well as information prepared or supplied by someone else on their behalf, such as a Canadian sponsor in family class cases. Even if the applicant did not personally commit the misrepresentation, they can still be held responsible.

Misrepresentation can also be a factor that may result in the revocation of Canadian citizenship. Misrepresentation includes failing to include significant information in your application, whether intentionally or unintentionally; providing altered or false documents; misleading your physician about your health during a medical exam; and falsely claiming employment or educational experience that you do not possess.

There are some nuances to consider, as misrepresentation can occur even if an applicant has made an honest mistake. After all, saying you’re a “professional napper” instead of “student” might just be a slight oversight, but it could still raise a few eyebrows.

Whether something is deemed misrepresentation depends on the information that is given (or left out) and whether it is regarded as "material" in that specific situation.

If you accidentally list your job start date as 2016 instead of 2018, effectively adding two extra years of work experience, this could be seen as misrepresentation if that experience is material to your case, even if it’s just a simple typo. Another example would be not informing Immigration, Refugees and Citizenship Canada (IRCC) about a change in circumstances, such as getting a new spouse or having a child.

Therefore, innocent misrepresentation occurs when an applicant provides information that they believe to be accurate and relevant to their case, but which turns out to be incorrect or incomplete.

Regardless of intent, innocent misrepresentation can lead to the same consequences as intentional misrepresentation if it’s deemed material. So, whether you’re trying to boost your résumé with “expert potato peeler” or just misremembering your job history, the result could still be the same and it won’t earn you any bonus points.

Issues that might be seen as misrepresentation: Not reporting Crimes, Marriages, Visa refusals, military or political activity etc. If you discovered the misrepresentation through a Procedural Fairness Letter (PFL), you should draft a clear and detailed response to address the concerns raised by IRCC, including as many supporting documents as you can.

If a mistake has occurred, the best course of action is to contact IRCC right away and explain the situation-think of it as owning up to a minor kitchen disaster before they discover the smoke alarm going off. While this doesn't guarantee that the misrepresentation will be overlooked or forgiven, it’s definitely better than them stumbling upon it like a surprise party you forgot to plan.