with 6 Comments
Phyllis Ramkumar, Immigration Consultant, Former CIC Officer  

MISREPRESENTATION AND ITS CONSEQUENCES IN THE CANADIAN IMMIGRATION SYSTEM 

Misrepresentation occurs when a foreign national or permanent resident withholds material facts either directly or indirectly relating to a relevant matter, which if known, would induce or which could induce an error in the administration of the Immigration Act.

Direct misrepresentation:

Direct misrepresentation happens in situations where the person withholds information himself on his application or orally. For e.g. if the individual is at the Port of Entry and is asked a question if he was charged or convicted with any criminal offense. If he says No,  and a check is done by the examining officer and it reveals that the individual has a criminal conviction this is a case of direct misrepresentation.

Indirect misrepresentation

This is a situation where a third party withholds information on the individual’s behalf. This can be the individual’s representative, or agent or even a relative of the individual. By providing false information on the individual’s application without the applicant not knowing of this situation, is a form of indirect misrepresentation. It is the responsibility of the applicant to check his application before signing it, as he is the one who will be held accountable for any false information or inaccuracies on his application form.

Misrepresentation can occur outside of Canada, Port of Entry or in Canada. It does not have to be willful, or intentional, it can also be unintentional for the applicant to be found inadmissible under section A40(1a) of the Immigration Act.

It is, therefore, necessary for individuals to exercise due diligence in their application process and ensure that there are no inaccuracies, false information or missing information prior to signing their forms. It is also important to note that if you are being examined at a port of entry by an Immigration Officer, or at a Visa Office abroad, you must be truthful with all questions asked in your application or at an oral interview.

Consequences

If, however, you are determined to be inadmissible for misrepresentation, you could be faced with a situation where you are barred for five years before you are allowed to resubmit another application for permanent resident status or re-entry application to Canada. It is also important to note, that prior to being reported under the Immigration Act for the inadmissibility, the individual is usually issued a letter to explain why he should not be reported under the Immigration Act.

Procedure Fairness

This is providing the individual with an opportunity to explain in detail how this situation occurred and why it occurred. The individual has to present all information truthfully to the best of his knowledge and provide evidence if possible that will convince the officer that he should be not reported for this inadmissibility. If a well-presented case is submitted with supporting documents, the changes are great that the individual may overcome the inadmissibility.

Phyllis Ramkumar is currently a Registered Immigration Consultant with Immigration Consultants of Canada Regulatory Council. Prior to her role as an Immigration Consultant, she was a former Senior Immigration Officer with the Department of Immigration, Refugee, and Citizenship Canada. 

For more information please call Mrs. Phyllis Ramkumar @ 647-822-7495

6 Responses

  1. Jimmy
    |

    What about a situation where a person says YES to a question and enters incorrect information but his answer should be no. There is an Express Entry ‘ Have __ applied for Express Entry before?’. I answered YES and I gave my old profile numbers. After I received the ITA I left the profile numbers in the Permanent Residence slot along with a number I had for PR in another category. I now understand after submission of my application that my answer to that question is wrong because getting an EE profile is not the same as applying for Express Entry.

    Because I answered yes would this be considered misrepresentation?

    Any assistance you can give you would be greatly appreciated.

    Regards

  2. Phylis Ramkumar
    |

    The answer to your question is YES it is considered misrepresentation. You cannot answer yes when you know full well that the answer should be “NO”. When you submit a profile, IRCC most likely keeps a record of it as it is their systems you are putting your information on.
    As I said before if the information is relevant and material to the decision of your case it will definitely become misrepresentation.

  3. Manuella
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    How can I solve a problem of misinformation from agents? Today my husband got a refusal in his work permit extension. We went to customs to understand the reason. After long hours we were informed that in 2016 my husband had to have requested a visitor visa to re-enter in Canada, however, we never got the information. In fact, after that he renewed his visa twice, left Canada for our home country again, received our CSQ… We applied for permanent residence a year ago (I am the main applicant), and since the processing time has increased, we had to renew our visas. Now, we got this information that he must leave his job and leave the country. Who can help us? I just had a baby, we have a 2years old, and suddenly he must leave the country in 30 days. We have emails from CIC agents giving us wrong information. How can we solve that?

    • profited
      |

      We Suggest that due to the seriousness of your case, It is better to consult with an Immigration Lawyer who is expert on your case.

  4. kemdy
    |

    Hello, I was denied study permit last year….I was done wit my OND programe but i didn’t declate it since the cert wasn’t ready at that time hence I was wrongly advised by the agent to disclose it in my application…I just got a new admi letter now..and I intend declaring it in my new app stating the reason above because it shows academic progression with what I already studied nd what I am about to study ….will you advise me to go on with revealing it….I would appreciate if u thelp me in suggesting a better way of bringing it up in my SOP….I really feel bad and confused

    • profited
      |

      If the question you are referring to is in the application form, then you have to answer it truthfully and to the best of your
      ability.

      If the question is not in the application, then I suggest you leave it alone.
      Trying to explain something the officer is not concern about will open up a can of worms for you.

      Phyllis