misrepresentation-Inadmissibility

Get Your Removal Of

Misrepresentation Inadmissibility

If you have received a ban for 2 or 5 years based on Misrepresentation, we can help you remove that ban. Foreign nationals who receive a ban can no longer apply to Canada for the duration of the ban

It’s a serious crime to lie, or to send false information or documents to Immigration, Refugees and Citizenship Canada (IRCC). This is fraud. It’s called “misrepresentation.”

Inadmissibility based on misrepresentation can be caused by providing false or misleading information

The Immigration and Refugee Protection Act (IRPA) sets out that a foreign national or permanent resident can be found to have misrepresented for many reasons some of which include: 

  • Providing information to Immigration, Refugee and Citizenship Canada (IRCC) or to the Canada Border Services Agency (CBSA) that is inconsistent, inaccurate, or incomplete, and that as a result has or could induce an error in the administration of the IRPA;
  • Withholding material facts from IRCC or CBSA that are relevant to the matter and that, as a result, has or could induce an error in the administration of the IRPA;
  • Being sponsored by an individual who has been found to be inadmissible for misrepresentation;
  • Following the vacation of a decision to allow of a claim or application for refugee protection; or
  • Following cessation of citizenship based on a determination that this status was obtained by false representation or fraud or knowingly concealing material circumstances.

Examples of material misrepresentations (that could induce an error) would be:

  • Failure to declare that you have been refused a visa for another country;
  • Providing a document that is found to not be genuine;
  • Failure to mention a family member;
  • Declare employment experience which you do not have; or
  • Engage in a non-genuine marriage.

Examples of non-material misrepresentations (that could not induce an error) or is of limited relevance could be in certain circumstances: 

  • Reversing the date and month of birth on an application;
  • Indicating being single when widowed; or
  • Providing correct and consistent information on multiple forms except one.

How can The Principals Immigration Group help?

Misrepresentation charges can have a significant impact on all future interactions with IRCC. It is therefore very important to carefully address these allegations, with the help of experienced counsel. We have assisted our clients in handling misrepresentation allegations in a multitude of ways, including first by working carefully and diligently to ensure consistency on applications in order to pre-emptively avoid the possibility of misrepresentation. If an allegation of misrepresentation has already been raised by IRCC, however, we can still assist, including by investigating possible defences, such as the absence of a misrepresentation, an innocent error exception or materiality.  Finally, where an inadmissibility decision has been made by the IRCC or the CBSA, then we can assist with challenging this decision. 

We have successfully defended numerous clients in receipt of a procedural fairness letter, got bans overturned and helped clients gain permanent/ temporary residence

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