The rise in the number of cases that result in inadmissibility because of misrepresentation is a serious issue. Misrepresentation can result in a ban for five years. Submission of wrong, false, or incomplete information while applying for a study permit, work permit, or immigration visa leads to misrepresentation. Consulting an experienced inadmissibility expert after receiving the Procedural Fairness Letter can pave the way to deal with the issue effectively.

Conditions that may result in misrepresentation

Any applicant who applies for a study or work permit must provide several documents and answer multiple queries. Some of the questions in these applications are:

  • Personal identity- citizenship, name, and date of birth
  • Marital record- Married, common-law partner, single, divorcee
  • Work or study choice- ability to provide a sound basis for the choice
  • Personal background -criminal issues, health concerns, security concerns
  • Family information- Number of dependants,

We collectively refer to the answers and documents to support the above points as material facts. The applicant may knowingly or unknowingly furnish wrong or false information and can land in serious trouble.

Following are some instances of misrepresentation:

  • Not providing information about a family member
  • Submitting forged documents
  • Obtaining Permanent Residence through a fraudulent marriage
  • Hiding or failing to provide information about past visa refusals in another country
  • False declaration of work experience

The immigration authorities need to have all information backed by material facts. Withholding or altering information may be perceived as an attempt to deceive the authorities. Sometimes, these errors are because of an oversight, and one must prove the authenticity of the information or submit the correct information after receiving the Procedural Fairness Letter. One must contact a reputed immigration consultant because misrepresentation can lead to a ban or imprisonment depending upon the gravity of the act.

Consequences of misrepresentation

Canada Criminal Code views misrepresentation very seriously as the applicant may face inadmissibility. Loss of Permanent Resident status can also be one of the possibilities if the applicant is a resident of Canada. These individuals are declared as foreign nationals according to the Citizenship Act of Canada. It can also result in issuing of removal orders as the resident becomes a foreign national.

The immigration authorities may find that the applicant cannot offer a plausible explanation for the act of altering or withholding the facts. In such a situation, misrepresentation amounts to a crime and attracts punishment of jail and fine.

Dealing with misrepresentation

It is in your best interests to seek the support of an experienced inadmissibility consultant to know the possible course of action if you are facing misrepresentation. Be honest and apologetic while trying to diffuse the situation. You may provide authentic documents to avoid misrepresentation if you are confident of not misrepresenting. You may proceed to challenge the misrepresentation in the Federal Court. A Temporary Resident Permit can enable you to return to Canada for a period not exceeding three years.

One must be truthful while presenting facts and documents during applying for a Study Permit or Work Permit. The consequences of hiding or altering the facts are severe and will have serious repercussions. An officer may perceive small mistakes in your applications as misrepresentation. Every single word or fact you mention in the application will be viewed as a material fact. Immediately inform the official proactively if you feel that the information may not be correct.

The process of procedural fairness allows the applicant to respond with necessary documents to overcome misrepresentation. Any delay in responding to such communication can lead to grave consequences. Contact a professional immigration consultant ASAP to prepare your course of action.

Dev Immigration Services Inc is your trusted immigration consultant firm. Contact us today if you face misrepresentation or any other issue regarding your study, work, or stay in Canada.


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