Misrepresentation and Errors in Canada Visa Applications and its consequences

Misrepresentation and Errors in Canada Visa Applications and its consequences

What does misrepresentation mean?

As defined in section 40 of IRPA, the Immigration and Refugee Protection Act of Canada, Misrepresentation or document fraud in any visa application is a grave crime.

Misrepresentation in a Canada Immigration Visa Application encompasses:

• Giving out incorrect information
• Overlooking submission of significant details (lies by omission)
• Fabricating supporting documents and submitting them as part of the Canada Visa Application Process
• Making a made-up statement in an interview

Suppose there is a submission of these false statements, rewritten supporting documents, and omissions in place. In that case, this shall lead the immigration officer in charge of your application to come to a decision that would not have been made if you had filed your application correctly.

Here is the legal definition of misrepresentation:

“40 (1) A foreign national or permanent resident is inadmissible for misrepresentation (a) for indirectly or directly misrepresenting or withholding material facts about a relevant issue that induces or could persuade an error in the administration of this Act;

Can making an error on Immigration Application be regarded as misrepresentation?

This shall depend on whether the false information relates to material (essentially vital) facts about the case. For example, in the case of spousal sponsorship, it is mentioned in the application that when they first met their partner, they wore a black green when they wore a red dress; the color of the dress is relatively unimportant to establish the genuineness of the relationship.

This can be an error but not counted as a misrepresentation. But on the other hand, in the case of spousal sponsorship, if a candidate says that he was divorced only once but, in reality, twice or thrice, times are a case of misrepresentation.

What is Accidental Misrepresentation?

Many times misinterpretation by the visa applicant can be accidental and not intentional. The intention is not crucial to deciding if an error is a misrepresentation or not, but what matters is:

• Whether the mistake made is about a fact related to the application
• This blunder could lead an immigration officer to make an error in their final verdict of the application.

Common Kinds of Misrepresentation

Not mentioning a common-law partner on an immigration application

Even if there is no legal declaration of common-law partnership and irrespective of whether the couple resides in or out of Canada, after staying together for 365 days, they are legally put as common-law partners. And this should be mandatorily mentioned on the immigration application, and failing to say that you have a common-law partner will amount to misrepresentation.

No mention of a spouse or child on an immigration application

If the Canadian immigration candidate has a biological or adopted child, they need to put this on the irrespective of the type of application. If the child is not mentioned on the application, they shall not be “examined” by finishing the immigration medical exam.

This means the child shall not be considered a family class member or even a dependent of the parent in this case; the same is related to spouse declaration.

Not stating arrests, criminal charges, and criminal convictions.

Irrespective of whether the conviction took place years or decades back, it must be on an immigration application. Even if, during the time of conviction, the applicant was a minor and a record of any criminal offences, charges, irrespective of the time, can make the candidate inadmissible to Canada.

Not revealing any earlier immigration application denials.

When it comes to any permanent or temporary status application, all candidates must divulge if any time before they have been denied any application to any nation. It is immaterial whether it is a visitor visa, permanent residence, work permit, study permit, refugee claim, or any other application. Failure to do the same shall be considered to be a misrepresentation.

Not disclosing any extra passports/citizenships.

There are instances where holding dual or triple citizenship can help the chances of immigration application approval. But there are other times when applicants fail to reveal having the possession of an additional passport or citizenship, thinking this might have negative implications. If you do not disclose having a different passport or citizenship is regarded as a misrepresentation.

Not divulging a representative on an immigration application.

It is regarded as misrepresentation if the Canadian immigration candidate does not declare they have been helped with their application. Assistance can even mean completing application forms, assimilating supporting documents, making sense of application directions, laws, and guidelines, making an online portal, uploading or submitting documents, or even communicating with IRCC.

Sentence for Misappropriation

Misrepresentation is a crime that entails a punishment if the candidate is trapped and shall be banned from entering Canada for five years. During these five years, the aspirant must be qualified for Canadian permanent residence. And, if someone is detected to have misrepresented by an immigration officer, any upcoming application they plan to submit shall be viewed with extreme suspicion.

What next to do if found to be misrepresented?

As a responsible applicant, you should instantaneously notify IRCC and give them precise information if they have understood that they have made an error or any incorrect information. If the applicant knows that IRCC has wrong information, they should proceed for permanent resident landing only after the correct information has been notified.

Misrepresentation and citizenship of Canada

Misrepresentation is regarded as one of the most severe violations of Canadian immigration law as it is worse than working illegally, overstaying on a visa, or any other issue related to Immigration. Citizenship can be legally revoked if the person has been misrepresented. For more information regarding this topic, you can reach out to our visa experts by calling on 8595338595 or mail us at [email protected]