Immigration Misrepresentation Lawyer

In Canada, there are many ways that an individual may be deemed inadmissible to the country. One reason you may be denied entry or receive a removal order is misrepresentation. Under section 40(1) of the Immigration and Refugee Protection Act (IRPA), misrepresentation is defined as any circumstances where an applicant provides false, misleading, or incomplete information in an immigration application, either intentionally or unintentionally. 

Misrepresentation can apply to both past and present applications, as well as any verbal or written statements given to immigration officers. It often occurs when individuals submit incorrect information to Immigration, Refugees and Citizenship Canada (IRCC) or the Canada Border Services Agency (CBSA) during an immigration application or interview. If you are found inadmissible due to misrepresentation, it can lead to a five-year ban from Canada, removal orders, or the revocation of your status in Canada.

Although inadmissibility due to misrepresentation is serious, there are legal options available to those looking to overcome it. Whether you want help submitting your initial immigration application or need assistance responding to a procedural fairness letter when questioned by IRCC, our Vancouver immigration lawyers at Border Solutions Law Group are ready to advise. If you are facing accusations of misrepresentation, don’t hesitate to contact our team today.

What is Considered Misrepresentation Under Canadian Immigration Law?

Strict laws exist in Canada to govern misrepresentation and other types of inadmissibility. These are meant to uphold the integrity of the immigration system and ensure individuals who immigrate to the country do not pose a risk, threat, or undue burden to Canada. As a foreign national inside Canada or immigrating to Canada, it is important to understand how misrepresentation is defined to avoid committing it in your application. 

Key provisions in the IRPA that define acts of misrepresentation include:

• Direct or indirect misrepresentation of material facts
• Being sponsored by someone who has been found inadmissible due to misrepresentation
• And more

Misrepresentation can be committed by:

• Any applicants, including foreign nationals and permanent residents
• Sponsors, if the sponsored person misrepresented information
• Family members, if they were included in a misrepresented application

Common examples of misrepresentation taking place during the Canadian immigration process include:

• Failure to Declare Dependents or Family Members: If an individual immigrating to Canada does not mention a child or spouse in their application, it can be considered misrepresentation. This is particularly problematic if they intend for the dependent or family member to join them in the country at a later date.
• Providing False or Inaccurate Employment or Educational Records: Many work permit or study permit applications have minimum educational or work experience requirements. If you claim to have completed work experience that you never did or submit a fake degree or diploma, this may be considered misrepresentation. 
• Forged or Fake Documents: In addition to work or education records, any other forged or fake documentation that you submit in an application will be considered misrepresentation. This might include altered bank statements, identification, or sponsorship papers.
• Failure to Declare Previous Visa Refusals: You must disclose all past visa refusals you have received in Canada or other countries when requested. 
• Fraudulent Marriages: Spousal open work permits and permanent residency are available to spouses of individuals with valid status in Canada. Engaging in a marriage of convenience to obtain status in Canada is considered fraudulent and misrepresentative. 
• Failure to Declare Criminal History: When requested, you must indicate any past arrests or criminal charges that you obtained either inside or outside of Canada. This is because immigration officials will also assess you for criminal inadmissibility when you submit your application. 

Types of Misrepresentation in Canada

Due to the relatively broad definition of misrepresentation, there are several different types recognized by immigration officials. You may be found inadmissible due to misrepresentation if you engage in:

1. Direct Misrepresentation

Direct misrepresentation occurs when an individual knowingly makes fraudulent statements or submits false information in an immigration application. This might involve disclosing false information in an application, like incorrect work history, marital status, or family details. In addition, direct misrepresentation can happen if you submit forged or altered documents, like passports, diplomas, or job offers. In addition to written forms, lying in person during an immigration interview can also constitute direct misrepresentation.

2. Indirect Misrepresentation

Indirect misrepresentation occurs when a third party or family member misrepresents information about an applicant to immigration officials in some way. It normally occurs when a family member, sponsor, or other representative submits incorrect information on behalf of an applicant on a shared application. For example, if a spouse who is sponsoring an applicant provides fraudulent details about their relationship status, it can lead to consequences for both them and the person being sponsored.

3. Omission

Omission is considered separate from direct misrepresentation as it specifically refers to the failure to disclose information. Normally, omission occurs when an applicant intentionally or unintentionally leaves out details they should have disclosed in their application. For example, if you don’t mention a previous marriage, prior visa refusals, or a dependent child in an immigration application. People may decide to omit such information when they believe it will make their chances of success more likely. However, it is important to be aware that you may face inadmissibility as a result.

4. Innocent Misrepresentation

Innocent misrepresentation occurs when an applicant unknowingly provides false information on an immigration application. They may submit incorrect information by mistake themselves, or mistakes might be made by their immigration representative or family member. It is important to note that even if misrepresentation occurs by accident, you can still be held responsible and face legal consequences. 

Consequences of Misrepresentation in Canada

If you are facing accusations of misrepresentation, you may be deemed inadmissible. Inadmissibility can be a serious consequence for people who wish to immigrate to Canada or are already inside the country. You may experience:

• Application Refusals: If you have applied for a visa in Canada or submitted another kind of immigration application, you may face delays or refusals. 
• Five-Year Ban from Canada: You might receive a five-year ban from entering Canada if you are found inadmissible due to misrepresentation.
• Loss of Immigration Status: When you are already inside Canada or your initial application was approved, if you are found to have misrepresented information, your status may be revoked. Permanent residents can have their status rescinded and face removal proceedings. If you obtained your Canadian citizenship fraudulently, you can also lose your status and be deported.
• Criminal Charges (in Severe Cases): In extreme cases of misrepresentation, such as identity fraud or fraudulent sponsorship, you may face criminal charges from the government of Canada. Not only can this result in the revocation of your status, but it can significantly affect any future attempts to live or work in Canada.

Procedural Fairness Letters (PFL)

If you are found to have misrepresented some part of your immigration application, you may receive a procedural fairness letter before your application is denied outright. This is a formal notice from IRCC or CBSA that informs you that you are suspected of misrepresentation. The PFL will outline the issue(s) and provide you with an opportunity to respond to the claim within a certain amount of time. In doing so, you will need to explain why the information you submitted appears misrepresentative and provide evidence to the contrary.

If you don’t respond to the letter adequately, immigration officials can uphold the misrepresentation finding. This may lead to a refusal of your immigration application or a five-year ban, as indicated above.

When you are responding to a PFL, you should:

• Review all allegations of misrepresentation carefully
• Gather supporting evidence to refute the claim, which might include documents that can prove the mistake was unintentional, letters of explanation, or affidavits
• Provide a detailed response that explains the situation, addresses each point of misrepresentation, and outlines any mitigating factors
• Seek legal assistance so that you can draft a strong, legally sound response that demonstrates good faith

PFLs are issued to give applicants a fair opportunity to address IRCC or CBSA concerns before their inadmissibility is finalized. It is important that you submit your response in advance of the deadline you are issued. If you do need more time to craft your defence, it may be possible to request an extension. Although you are entitled to respond yourself, it’s highly recommended that you work with a Canadian immigration lawyer when addressing allegations of misrepresentation in a PFL. They will be able to help you understand the immigration officer’s concerns, the likelihood of a refusal, and craft a compelling and well-supported response. 

How Can You Overcome a Misrepresentation Finding?

When you are facing inadmissibility due to misrepresentation, there are legal options available to help you overcome the finding. You should consider working with a lawyer during these situations, as they will be able to help you identify your best pathway based on your unique circumstances. 

You may be eligible for:

1. An Authorization to Return to Canada (ARC)

If you have received a removal order due to misrepresentation, you will need to apply for Authorization to Return to Canada (ARC) to be able to re-enter the country within the next 5 years. Whether you are eligible to obtain an ARC will depend on:

• The type of removal order that was issued to you
• Whether you complied with the requirements of that order at the time it was issued

When you submit an ARC application, you will need to include:

• Reasons for your past misrepresentation and why it won’t happen again
• Proof of rehabilitation and good conduct, in some cases
• Documents that support your need to return to Canada before the five-year ban has elapsed

An immigration officer will make a final decision regarding the approval of your ARC. If you are unable to provide sufficient evidence of a significant change in circumstances since the inadmissibility finding, it may be difficult to have your ARC approved.

2. Federal Court Judicial Review

If you believe that you have been wrongly deemed inadmissible due to misrepresentation, you are legally entitled to challenge the IRCC or CBSA decision in federal court. During this proceeding, you will need to prove that IRCC made a legal error or acted unfairly in coming to their decision.

Pursuing a judicial review in federal court can be legally complex. To assemble compelling evidence and represent yourself well in court, it is recommended that you seek the assistance of a legal professional.

3. Pre-Removal Risk Assessment (PRRA)

In certain cases where you are being removed from Canada, you may be eligible to apply for a pre-removal risk assessment (PRRA). PRRAs can be used to prove that if you are removed from Canada, you may be sent to a country where:

• You would be in danger of torture
• You would be at risk of persecution
• There would be a risk to your life or of cruel and unusual treatment or punishment

PRRAs are similar to refugee claims. They require strong evidence in order to be approved.

How Can Our Vancouver Immigration Lawyers Help You?

At Border Solutions Law Group, our Vancouver immigration lawyers have a strong background in helping clients address and overcome findings of inadmissibility due to misrepresentation. We tailor solutions to your unique circumstances, ensuring you undertake the most effective course of action, no matter your situation.

When you choose to work with our team, we will:

• Assess the Strength of Your Case: We can help you evaluate the likelihood of approval or refusal. This way, you can decide on the course of action that makes sense for you in terms of time and financial commitment. In addition, we’ll evaluate potential defences that may be effective in your situation.
• Procedural Fairness Letters: We’ll help you draft strong, legally backed responses when you receive a procedural fairness letter.
• Representation During Appeals: If you wish to appeal your misrepresentation finding, we will represent you before the relevant organization and assemble a compelling case.
• Judicial Reviews: We will help you file applications for judicial review in Federal Court, and represent you throughout the process.
• ARC & Other Applications: If you wish to apply for an ARC (Authorization to Return to Canada), pre-removal risk assessment, or other type of stay in your removal order, we will help you navigate the application process and submit all documentation correctly. 

Accused of Misrepresentation in Canada? Contact Our Vancouver Immigration Lawyers Today

When you’re facing inadmissibility due to misrepresentation, it can be daunting. Just because you have received a procedural fairness letter or a removal order, it does not mean you’re out of legal options. At Border Solutions Law Group, our immigration team is ready to help you take immediate action to address your status in Canada.

Whether you would like your initial immigration applications reviewed for compliance, you need help responding to a PFL, or you have been removed from Canada and wish to appeal the decision, we can help. To get started on your case, contact our Vancouver immigration lawyers now. You can call our Vancouver office toll-free at 877-341-6761 or fill out our online contact form.