Misrepresentation occurs when a permanent resident or foreign nationals withholds facts either directly or indirectly while filing an immigration application to Canada, which if caught or known will attract serious penalty.
The immigration Refugee and Citizenship Canada (IRCC) often takes misrepresentation offenses very seriously. If a person is charged with misrepresentation, their application will be refused or status revoked.
In fact, misrepresentation could make you get expelled from Canada or be inadmissible. The point here is, when processing your application to Canada, you need to be very careful and avoid misrepresentation charges.
There are a number of scenarios where the immigration officer can charge an applicant with misrepresentation. For example, if an applicant provides false or incorrect travel documents or medical records to IRCC, it may be considered as misrepresentation.
Therefore, in this article, we will intimate you with the severity of Canadian immigration misrepresentation and other essential information you should know if you have a misrepresentation case with IRCC.
What To Expect After Being Charged With Misrepresentation Offense
There are grave consequences for misrepresentation. If let’s say you were applying for Canadian permanent residence, your application will be rejected and of course, you may also face other consequences such as a ban of Five (5) years which means that you cannot be admissible into Canada for this period.
We have seen other instances where the IRCC keeps the records of an offender on their system database so it gets very difficult for one to receive any travel documents elsewhere. In the worst case scenario, your citizenship or permanent residence is revoked and you are removed from Canada.
Things To Do Next After Allegation Of Misrepresentation
It is possible for an applicant to be wrongly accused of misrepresentation. If the IRCC raises allegations of misrepresentation, it is important to talk to an attorney immediately.
The immigration lawyer or Attorney will assess your case and see if certain considerations can be raised in your defense. The immigration lawyer can help you challenge the decision at the Refugee Appeal Division, Immigration Appeal Division, Immigration Division, Refugee Protection Division, and/or the Federal Court of Canada.
The attorney can apply for an innocent error exception or materiality as a defense when challenging the case before the immigration authorities.
The innocent error exception can be accepted if it can be proven beyond reasonable doubt that the applicant failed to include certain information simply because he or she could not properly comprehend the phrase or question that was being asked. Some times, some of these questions can be very ambiguous and not clear to the applicants.