Canadian immigration takes misrepresentation very seriously, especially when it comes to hiding your criminal history. Providing the Canada Border Services Agency with false information or withholding material facts relating to your circumstances can lead to severe consequences.
This typically includes being immediately refused entry and also being banned from entering Canada for five years.
This guide will explain what exactly misrepresentation is, how you can avoid it, and what options are available to you if you are found to have engaged in it.
What is Misrepresentation?
Canadian immigration law states that a permanent resident or foreign national is inadmissible for misrepresentation if they “directly or indirectly misrepresent or withhold material facts relating to a relevant matter that induces or could induce an error in the administration of this [Immigration and Refugee Protection Act].” This describes a lot of potential scenarios:
- Direct Misrepresentation
- Providing fake or altered documents
- Denying the existence of a criminal record when asked
- Lying about when the criminal charges occurred
- Indirect Misrepresentation
- Providing misleading explanations about your circumstances
- Submitting documents that leave out important information
- Directing someone else to submit false information for you
- Withholding Material Facts
- Failing to mention foreign convictions
- Not revealing pending charges
- Not mentioning arrests or charges that didn’t lead to conviction
While this list focuses mostly on situations surrounding criminal admissibility, the same rules apply to other types of inadmissibility that involve medical, financial, or security-based considerations that could induce an error in the administration of the immigration rules.
For example, hiding your relationship with an inadmissible family member, hiding a serious medical illness, or not disclosing the details of previous denials of entry/removals from Canada.
Consequences of Misrepresentation Canada
If any of these types of misrepresentation are discovered by an immigration officer, the usual consequence is an immediate five-year ban from entering Canada alongside removal from the country.
This ban is enforced either from the date of the determination if you are outside Canada or the date of your removal from Canada if you were inside Canada.
There will be a permanent record kept of this immigration violation, which could mean being subject to increased scrutiny on any future immigration application made to Canadian authorities. It could also impact applications to other countries if you are asked whether you have ever been removed from or denied entry elsewhere.
Procedural Fairness Letter
Before making a final determination that misrepresentation occurred, a procedural fairness letter is usually issued. This typically gives an applicant 15 days to respond to concerns about the information that has been provided.
This is an important opportunity to explain and clarify the details surrounding your case and should not be taken lightly. Consider enlisting the help of a qualified immigration lawyer before responding.
Appeals
It is sometimes possible to appeal a finding of misrepresentation, either through the Federal Court of Canada or the Immigration Appeal Division (IAD). Permanent residents who have lost their PR status will typically appeal through the IAD and everyone else through the Federal Court.
How to Overcome Misrepresentation Inadmissibility
If you are found to have engaged in misrepresentation, you will likely be issued with a removal order, specifically an exclusion order (IMM 1214B). This means you cannot return to Canada for 5 years unless you obtain authorization to return to Canada (ARC).
If you are criminally inadmissible, you will also need to apply for a Temporary Resident Permit (TRP) at the same time.
When applying for an ARC or TRP as a foreign national, you will need to gather a wide range of relevant documents and think about what compelling reason requires you to visit Canada. If your circumstances haven’t significantly changed since the exclusion order was enforced, it is unlikely you will get permission to return to Canada.
An immigration officer will make a final determination based on:
- the reasons for the removal order
- the possibility that you’ll repeat the behaviour that caused the order to be issued
- how long it’s been since the order was issued
- your current set of circumstances
- the reason you want to enter Canada
Application Forms and Fees
The processing fee for the ARC is $459.55 CAD.
In your application, you must enclose proof that you have paid this fee, along with a letter in English or French explaining in detail the reasons you should be allowed to return to Canada.
Tips for Avoiding Misrepresentation
Hopefully, it’s clear now that false representation is not a small matter in the Canadian immigration system – with the potential to delay or otherwise impact your travel plans for up to 5 years. To prevent this scenario from occurring and save yourself a lot of time and money you should therefore:
- Always provide a complete account of your circumstances
- Disclose all information that could potentially be relevant
- Seek legal advice before making submissions
- Respond to all requests for additional information honestly
- Maintain a consistent account across all applications and interviews
Immigration officers are trained to detect inconsistencies and have lots of experience uncovering the full facts that relate to any given immigration case. They also have access to a wide range of international databases as the result of information-sharing agreements, so being completely transparent and honest is always the best way to ensure you don’t make a bad situation even worse.
How Dogen Law Can Help
If you’re planning to visit Canada but have been found to be inadmissible due to misrepresentation, a Canadian immigration lawyer can help you overcome this obstacle.
At Dogen Law, we have extensive experience helping clients navigate the various legal pathways to visit or immigrate to Canada. Our team can assist you with applications for Temporary Resident Permits and Criminal Rehabilitation to help you overcome criminal inadmissibility to Canada.
Get in touch today by completing our online assessment to see if you are eligible.
