Penalty For Misrepresentation In Canadian Express Entry Profile

Canada has a law that frowns hard against false information as regards your Express Entry application which is termed as Misrepresentation. The most vital rule to staying in Canada without getting yourself banned from the country is to never lie. You must always be candid and straight forward when you apply in an immigration program under the Express Entry.

A misrepresentation is an untrue or misleading statement of fact made during negotiations by one party to another, the statement then inducing that other party into the contract. The misled party may normally rescind the contract, and sometimes may be awarded damages as well.

 

Misrepresentation is a gross kind of fraud in Canada and is counted as a serious offense. If you lie to the Canadian officials of the immigration department on your application, it will be a serious offense of Misrepresentation. Concealing information, lying on your application, possession of false information or documents are some serious instances of Misrepresentation. If you are charged with misrepresentation, your entry to the country through the Express Entry will be terminated.

3 Types Of Misrepresentation And Reasons They Matter

Fraudulent misrepresentation:

Fraudulent misrepresentation occurs when a party to a contract knowingly makes an untrue statement of fact which induces the other party to enter that contract. Fraudulent misrepresentation also occurs when the party either does not believe the truth of his or her statement of fact or is reckless as regards its truth. A claimant who has been the victim of alleged fraudulent misrepresentation can claim both rescission, which will set the contract aside, and damages

Negligent misrepresentation:

A party that is trying to induce another party to a contract has a duty to ensure that reasonable care is taken as regards the accuracy of any representations of fact that may lead to the latter party to enter the contract. If such reasonable care to ensure the truth of a statement is not taken, then the wronged party may be the victim of negligent misrepresentation. Negligent misrepresentation can also occur in some cases when a party makes a careless statement of fact or does not have sufficient reason for believing in that statement’s truth. As with fraudulent misrepresentation, claimants can pursue both damages and a rescission of the contract.

Innocent misrepresentation:

In innocent misrepresentation, a misrepresentation that has induced a party into a contract has occurred, but the person making the misrepresentation had reasonable grounds for believing it was true at the time the representation was made. A claimant who has been the victim of innocent misrepresentation can still pursue damages, but he or she cannot pursue rescission. Again, to pursue damages it must be shown that the claimant suffered a loss because of the misrepresentation.

The three types of misrepresentation described above are fundamental to understanding contract law in England and many Commonwealth countries. Claims based on allegations of misrepresentation help ensure that contracts are ultimately honored and that unscrupulous or negligent behavior does not go unpunished.

Law Code Against Misrepresentation In Canada

According to the Criminal Code of Canada you will be fined with money or given imprisonment if you are caught in fraud. Such as; Lying deliberately, providing deceitful information in the Express Entry application form or interview process is considered a fraud.

Several cases have been found whereby the misrepresentation of a person is eventually proven. If you are caught in fraud, your Canadian Citizenship may be revoked from you. You may also lose your permanent residency. So to avoid the aforesaid problems, you are advised to be honest and truthful in your interviews and documents. Provide the immigration officials with all your appropriate and clear documents and information.

Canadian immigration laws are very strict. To avoid yourself from getting banned in Canada, the primary refrain is to provide the correct information and documents.