
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.