Omitting Information about your Criminal Past

Omitting Information about your Criminality

If an individual decides not to disclose information about their criminal past to an Immigration officer when entering Canada, the consequences can be quite severe. It is very important to be very straight forward with Immigration officers, especially with regards to any criminal record you may have. Remember, they do have the ability and authority to check this information to compare with the information that you disclose to them. Therefore, in this article, I will explain the importance of disclosing the correct information to the Immigration officer especially with regards to any criminal past and how this may affect your future entry into Canada.

The Importance of Disclosing the Correct Information to an Immigration Officer

When entering Canada through a port of entry or at the Canadian border and an Immigration officer probes to see if you have a criminal past or record, it is highly advisable to answer correctly if you do have a criminal record. This is the case even if you have a minor charge. The Immigration officer will most likely only ask this question of you if they have seen something while prescreening your passport. They usually decide to probe further to see whether the individual will respond accurately or omit this information from them.

It is important to note, however, that if you do disclose the correct information to the Immigration officer, they may deny your entry into Canada. There are ways to prevent this from happening. For instance, you may apply for a Temporary Resident Permit or a Criminal Rehabilitation before attempting to enter Canada, that way you can overcome your criminal inadmissibility temporarily in order to enter Canada successfully.

Yet, if you decide to omit this information from the Immigration officer and they already have sufficient knowledge of your criminal record, this may cause unexpected consequences for the individual. For instance, they may be deemed to be misrepresenting themselves. Misrepresentation is a problem in Canadian Immigration. The definition of misrepresentation is the non-disclosure of accurate information. Therefore, if an individual decides to lie or omit accurate information regarding their criminal past, they are in fact counteracting the proper legislation of the Immigration and Refugee Protection Act (IRPA). Thus, by counteracting this legislation, an officer can proceed to advise the individual of misrepresentation and the consequences can be very serious. The individual may be banned from Canada for a minimum of five years if they are found to be misrepresenting themselves.

Consequences of Misrepresentation

As aforementioned, a consequence that can come from misrepresenting yourself in front of an Immigration officer is the potential ban from Canada for a minimum of five years. There are other consequences that can ensue from misrepresentation. For instance, you may have a permanent record of fraud and misrepresentation with Immigration, Refugees and Citizenship Canada (IRCC). Moreover, if you were in Canada as a permanent resident or a temporary resident, your status may be permanently revoked. In worst cases, you may be criminally charged for misrepresenting yourself to Immigration. Therefore, you should remember that disclosing the right information often leads to lesser consequences or outcomes compared to providing Immigration with inaccurate, inconsistent or incomplete information.

Can I Attempt to Enter Canada with Misrepresentation

You can attempt to enter Canada with misrepresentation; however, if you were banned from Canada for five years, you will have to wait until the five years are over in order to try and re-enter Canada. If you were not banned from Canada, there may be other options available for you. For instance, if you need to enter Canada temporarily for a very important reason, such as a business meeting, you may apply for a Temporary Resident Permit. The Temporary Resident Permit allows an individual with inadmissibility to enter Canada temporarily for a period of either one day to three years. On the other hand, if you would like to overcome your inadmissibility permanently, you can apply for a Criminal Rehabilitation. This can only be a permanent solution if you do not acquire any other offences; if so, the Criminal Rehabilitation would become void. A Criminal Rehabilitation application is for individuals with criminal inadmissibility and five years have successfully elapsed since the completion of the sentence imposed. Therefore, in order to enter Canada, the appropriate time must have passed in order to apply and attempt to return to Canada.

Please note, having a misrepresentation allegation on your record in Immigration can severely affect your chances of ever re-entering Canada. The Canadian government takes fraud and misrepresentation very seriously and also ensures that all Canadian citizens and permanent residents are kept safe from any potential risks or threats. Therefore, if and when you apply for a Temporary Resident Permit or a Criminal Rehabilitation, it is important to remember that the Immigration officer has the ultimate discretion to determine whether you can enter Canada. They may refuse your entry just because of your misrepresentation allegation.

Contact Akrami & Associates

It is essential that you have taken all of the aforementioned factors and information into consideration before you attempt to apply for any of the previously mentioned applications to overcome your misrepresentation allegation. It is also very important to determine and understand the consequences from your misrepresentation allegation before applying for any application. If you are inadmissible to Canada because of misrepresentation, it is important to note that these previously mentioned applications are difficult applications to pursue on your own. It is highly recommended that you seek out professional and experienced help before attempting to submit the application. Here, at Akrami & Associates, we work and have experience with many different immigration issues. We have helped many of our clients that have been charged with misrepresentation re-enter Canada. If you believe that you may be eligible for any of these applications, please feel free to contact Akrami & Associates at our office at 416-477-2545 for more information or if you would like to book a consultation with an immigration professional for more advice.

With Akrami & Associates, there is always a way!