5 frequent errors in your immigration utility that would result in misrepresentation…

Offering incorrect info in your immigration utility – even unintentionally – can put you vulnerable to misrepresentation.

Misrepresentation is a authorized time period in Canadian immigration.

It refers to offering info to the Authorities of Canada that’s each: unfaithful, deceptive, or incomplete; and will trigger an error in making use of immigration regulation to the actual case.

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This consists of info that the applicant gave or withheld straight, or another person ready or offered on behalf of the applicant (for instance the Canadian sponsor in household class circumstances). Even when the applicant didn’t personally make the misrepresentation error, they could nonetheless be held accountable.

Misrepresentation is a critical offence in line with part 40 of the Immigration and Refugee Safety Act (IRPA). Not solely can it result in your utility getting rejected, however it might even have grave penalties akin to fines, costs, being banned to use for Canadian immigration for 5 years; and/or ordered to go away Canada.

Misrepresentation can be one of many attainable elements that may result in revocation of Canadian citizenship.

Some examples of misrepresentation embody:

• omitting, consciously or not, to incorporate essential info in your utility
• submitting altered or false documentation
• mendacity about your well being to your doctor throughout your medical examination
• declaring employment or instructional expertise you don’t have

If I make an sincere mistake on my immigration utility, is that thought-about misrepresentation?

Misrepresentation can happen even when an applicant has made an sincere mistake.

Nevertheless, there may be some nuance concerned.

In response to its official definition:

“A everlasting resident or a overseas nationwide is inadmissible for misrepresentation for straight or not directly misrepresenting or withholding materials information regarding a related matter that induces or may induce an error within the administration of this Act.”

Which means whether or not one thing is taken into account misrepresentation is determined by the data that’s offered (or withheld) and whether it is thought-about “materials” in a specific case.

Harmless misrepresentation is what occurs when an applicant supplies info materials to their case, that they imagine to be correct however seems to be mistaken or incomplete.

For instance, should you mistakenly record your job begin date as 2016 as a substitute of 2018, thus including two extra years of labor expertise, this might be thought-about misrepresentation if work expertise is materials to your case, even whether it is only a typo. One other instance can be failing to reveal a change in circumstance to Immigration, Refugees and Citizenship Canada (IRCC), like having a brand new partner or a toddler.

No matter intent, harmless misrepresentation, if materials, could have the identical penalties as intentional misrepresentation.

Some frequent errors that would result in harmless misrepresentation:

Not reporting previous marriages

It’s possible you’ll mistakenly imagine there isn’t a actual worth in reporting a earlier marriage in your immigration utility. Nevertheless, omitting this info will probably be thought-about a misrepresentation.

For instance, should you’re sponsoring a companion and fail to reveal two earlier marriages inside 5 years, immigration authorities might even see this as related to their resolution. Even when the omission was unintentional, it may put your utility in danger.

Not reporting previous crimes

Even should you don’t really feel like interested by or mentioning an offence that was dedicated years in the past, you continue to should disclose this info. This is applicable to all prison offences. Failure to offer this info can result in misrepresentation. It doesn’t matter by which nation the offence was dedicated.

Not reporting a visa refusal to enter Canada or one other nation

For those who’ve ever been denied an entry visa into a rustic, this must be disclosed in an immigration utility. This rule applies for any nation – not simply Canada or the USA. For those who’ve been denied a short lived work allow, a customer visa, a everlasting residency visa, a examine visa or every other sort of visa and/or immigration utility, it must be talked about in your utility.

Failure to report former navy service or political exercise

You is likely to be reluctant to reveal your earlier political exercise, particularly should you’re uncomfortable with sharing your political leanings.

Nevertheless, for the aim of immigration, it’s essential to be open and sincere about earlier political exercise. This additionally applies to navy service and memberships to any events and/or any political organizations.

Giving approximate info

When not sure about actual info, it’s tempting to provide approximate dates or particulars. Nevertheless, this may be dangerous. Authorities could discover discrepancies and suspect misrepresentation. For those who’re unsure about particular information, it’s higher to confess your uncertainty than to offer inaccurate info.

By being thorough and sincere in your utility, you’ll be able to keep away from the danger of misrepresentation, together with harmless misrepresentation.

What do I do if I’ve made a mistake in my immigration utility?

One of the best factor to do can be to contact IRCC instantly and clarify the state of affairs.

This isn’t a assure that the misrepresentation shall be forgiven or excused. Nevertheless, it’s regarded favourably in comparison with IRCC independently discovering it within the utility.

For those who’ve came upon in regards to the misrepresentation via a Procedural Equity Letter (PFL), it’s best to write a transparent and complete letter to deal with the issues raised by IRCC in addition to to offer as many supportive paperwork as attainable.

IRCC sends a PFL to an applicant earlier than an officer makes a closing resolution on misrepresentation. It offers the applicant an opportunity to elucidate any inaccuracies or errors.

Many candidates select to rent a lawyer to organize such letters and submissions to make sure they’re as clear and concise as attainable and keep away from being accused of misrepresentation.

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