Misrepresentation and Denied Entry to Canada
Perhaps one of the worst offences you can commit in the eyes of Immigration, Refugee, and Citizenship Canada (IRCC) is misrepresentation. Immigration, Refugee, and Citizenship Canada (IRCC) treats misrepresentation very seriously, and if you are charged with misrepresentation it could result in your application being refused, your status being revoked, or you being considered “inadmissible” to Canada. In this blog, you will learn about what misrepresentation is and its consequences.
What is misrepresentation
Misrepresentation refers to lying, omitting, or providing false documents to IRCC. In Canada, misrepresentation is a criminal offense. The below is considered misrepresentation:
- Providing false information either on an application, or when speaking with an IRCC/CBSA Officer
- Withholding information that could render you inadmissible (even if you were not asked specifically)
- False or altered passports or travel documents
- False or altered visas
- False or altered educational documents such as degrees, diplomas, transcripts, credential evaluations, apprenticeship or trade papers
- False or altered birth, marriage, divorce, annulment, separation documents or death certificates
- False or altered police clearance certificates
What is the penalty of misrepresentation
The penalty for misrepresentation is that your immigration application will be rejected. In addition to this, you could also face the following consequences:
- You could be banned from entering Canada for 5 years
- Permanently have a record of fraud with IRCC
- Your status as a Permanent Resident, Canadian Citizen, or Temporary Resident revoked
- Be charged with a crime
- Be removed from Canada
Often, the punishment for misrepresentation is worse than the penalty would have been if you had disclosed the information you withheld. It is never recommended to risk misrepresentation, therefore it is important to ensure that all the information on your application is correct, current, and supported by genuine documentation in order to avoiding being charged with misrepresentation.
Difference between misrepresentation and a mistake
There is a major difference between misrepresentation and a mistake; if your application contains minor mistakes (i.e. entering your birth year instead of the current year under date, applicants enter their marriage status as single instead of widowed, etc.), these will not result in misrepresentation charges.
In cases where the Officer requires more supporting documentation to determine your eligibility and you are unable to provide it, this is considered insufficient evidence, not misrepresentation. Misrepresentation refers to falsely provided or withheld information. If you cannot further prove something you initially disclosed, that is not punishable, but your application may still be rejected.
It is also important to note that if your application was submitted on your behalf by a third party with your consent containing incorrect of false information, you could still be charged with misrepresentation; this is one key reason why it is crucial to hire an experienced and reputable immigration firm to represent you during your immigration process!
Can I come to Canada if I have been charged with misrepresentation
If you have been charged with misrepresentation that you feel was accidental, you can try to challenge or appeal the Officer’s decision by proving that the information was supplied incorrectly by accident, or by proving that you did in fact disclose the information in question, and you were mistakenly charged with misrepresentation.
If you were correctly charged with misrepresentation and would like to apply to come to Canada on a temporary basis, you may be eligible to apply for a Temporary Resident Permit (TRP). A TRP is a government issued document that allows an otherwise inadmissible person to enter Canada on a temporary basis from anywhere between 1 day to 3 years. It is important to note that you are not guaranteed to be approved for a TRP, and the Officer processing your application is ultimately be the decision maker who will determine your admissibility. They will consider the validity of your reason to enter Canada vs. what they consider the risk of allowing you to enter Canada. If the Officer does not believe you will leave Canada by the date of your visa’s expiry, your application will likely be rejected. If you have a history of fraud or misrepresentation, the Officer may questions your trustworthiness.
I have a 5 year ban from Canada, can I apply for TRP
If you received a 5-year ban to Canada, it will be particularly difficult to be approved for a TRP. You may have to wait until the 5-year ban is over, at which time you are eligible to apply either as a temporary resident, or as a permanent resident. It is important to keep in mind that misrepresentation will remain noted on your file with IRCC, and affect any future applications you may submit.
Contact Akrami & Associates
The best way to handle misrepresentation is to avoid it. Make sure that you work with a reputable and experience immigration team from the beginning that you can trust to complete your applications correctly, and will give you honest advice regarding your case. There is always a way to overcome the immigration barriers you are facing without withholding or providing false information. If you have already been charged with misrepresentation, there may be ways for you to overcome this inadmissibility with the right strategy and the right assistance. Akrami & Associates is an experienced immigration firm. We have processed thousands of applications, and specialize in helping individuals overcome inadmissibility. If you would like to explore your options regarding overcoming inadmissibility due to misrepresentation, or you would like to work with us towards your immigration goals to ensure you do not face misrepresentation charges, contact us today for a consultation.
With Akrami and Associates, there is always a way!!