The determination of inadmissibility due to misrepresentation is a significant issue in Canadian immigration, as it can result in a five-year ban on all applications to return to Canada, including entry into the country. It is imperative to seek professional guidance if facing such a determination.
How does Misrepresentation happen?
The consequences of misrepresentation in Canadian immigration can be severe, including inadmissibility and a 5-year ban on making any further applications to enter Canada. It is important to ensure that all information provided to IRCC or CBSA is accurate, consistent, and complete to avoid any potential issues of misrepresentation. Examples of such misrepresentations include failing to declare previous visa refusals, providing non-genuine documents, omitting family members, falsely claiming employment experience, and engaging in non-genuine marriages to obtain permanent residence. It is important to note that even if the principal applicant was not aware of the misrepresentation, they will still be held responsible. It is advisable to seek professional assistance to avoid any such issues.
What actions can be taken in the event of an accusation of Misrepresentation?”
If you have submitted an application to enter Canada and have been accused of misrepresentation by Immigration, Refugees and Citizenship Canada (IRCC), you will be given an opportunity to respond and address IRCC’s concerns through a process known as “procedural fairness.” It is important to be aware of the timeline provided for the response and whether the response will be made in an interview or in writing.
It is crucial to understand that a finding of misrepresentation can have significant consequences on your immigration status in Canada. If found to have misrepresented, both you and any dependent family members (spouse and children) will be deemed inadmissible to Canada, preventing any of you from obtaining another temporary visa or permanent residency. In addition, the person(s) found to have misrepresented will receive a 5-year ban from Canada. Therefore, it is essential to address these allegations in a timely and comprehensive manner, as delaying or failing to respond could have severe consequences.
If you have received a Procedural Fairness Letter, it is highly recommended to retain professional assistance from an experienced immigration law firm. This is the only opportunity to respond before being found inadmissible for misrepresentation. A detailed response with supporting documents must be provided as IRCC has identified an issue with your application.
It is recommended to contact an immigration firm if you are facing an allegation of Misrepresentation because they can provide professional guidance and assistance in responding to a Procedural Fairness Letter from Immigration, Refugees, and Citizenship Canada (IRCC).
We can help you understand the legal significance of the situation and develop a detailed response with accompanying documents that addresses IRCC’s concerns. Furthermore, we can help prevent severe consequences such as a 5-year ban from Canada and inadmissibility for yourself and your dependent family members. We can also ensure that you respond in a timely manner and that your response is well-researched, supported and presented in a convincing and substantive manner to increase your chances of a successful outcome.