Has your immigration case been refused based on Misrepresentation?
Have you received a procedural fairness letter?
At Bellissimo Immigration Law Group PC we can help!

Findings of immigration inadmissibility (not allowed entry into Canada or are being removed from Canada) on the basis of immigration misrepresentation are becoming increasingly common following the passage of the Faster Removal of Foreign Criminals Act. Amendments to the Immigration and RefugeProtection Act (IRPA) which came into force on 20 November 2014, increased the bar for inadmissibility from two to five years. Immigration misrepresentation findings carry significant consequences as a foreign national or permanent resident, as well as their family members, are barred for five years from making an application for permanent residence to Canada.

Who can be found to be inadmissible for misrepresentation?

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, but are not limited to:

  • 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 be not genuine or authentic;
  • Failure to mention a family member;
  • Failure to declare criminal history;
  • 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.

Misrepresented information can be provided (or omitted) by the main (principal) applicant, a family member, or your representative. It can be direct, or indirect. In all cases, it is the principal applicant who is at fault – even if they did not know the misrepresentation occurred.

Deciding misrepresentation

The process for finding a migrant inadmissible for immigration misrepresentation requires that the foreign national or permanent resident first be provided with the opportunity to respond to the allegations, which should be set out either during an interview with a decision maker or in a Procedural Fairness Letter (PFL). If the allegations are set out in a PFL, the foreign national will be given a specific amount of time to respond on paper or in very limited circumstances by interview. 

Where the application was made outside of Canada, the foreign national or permanent resident must provide a response to the Visa Officer who identified the potential misrepresentation. The Visa Officer will then assess the response and make a final decision.

Comparatively, if the foreign national or permanent resident makes the application from within Canada, then they must address their reply to IRCC (or at times the CBSA). If after reviewing the response the officer continues to believe that the foreign national or permanent resident has misrepresented themselves, they could be required to attend an interview with IRCC or the CBSA, which can be followed by the issuance of a Report on Inadmissibility under Section 44 of the IRPA, and a hearing before the Immigration Division, where a removal order may be issued. Permanent residents may in some cases appeal this removal order to the Immigration Appeal Division. Everyone else can challenge the removal order at the Federal Court.

Consequences of a misrepresentation finding

If an applicant is found inadmissible for misrepresentation in relation to an application made outside of Canada, they will remain inadmissible to Canada for a period of five years, during which they may not apply for permanent residence. In the case of an applicant found inadmissible for misrepresentation in relation to an application made inside of Canada, the same five-year bar applies, but commences once the applicant is removed from Canada.

These severe consequences can also impact the applicant’s family members. Individuals can be found inadmissible for having an inadmissible family member, whether the family member is accompanying them on the application or not, and where the individual is an accompanying family member of the inadmissible person. Specifically for misrepresentation, the inadmissibility and five-year bar extends to family members with respect to permanent residence only – meaning the family members of the inadmissible person may still apply or be eligible for temporary residence status in Canada.

How can Bellissimo Immigration Law Group PC help?

Misrepresentation findings will have a significant impact on all future interactions with IRCC and the CBSA as well as Employment Development and Skills Canada (ESDC). It is therefore very important to carefully address these allegations, with the help of experienced counsel.  At Bellissimo Immigration Law Group PC 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, materiality, or an innocent error exception.  Finally, where an inadmissibility decision has been made by the IRCC or the CBSA, then Bellissimo Immigration Law Group PC can assist with challenging this decision. Bellissimo Immigration Law Group PC has significant experience representing our clients at all levels of the process and are responsible for some of the leading cases in the law.  This included working on allegations of misrepresentation, at the Immigration Division, the Immigration Appeal Division, and the Federal Court. Please review our testimonials to see what our clients say who have worked with Bellissimo Immigration Law Group PC on immigration misrepresentation cases.  Misrepresentation cases can be very complex and given the consequences of such findings are grave, we recommend you obtain representation.

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What Our Clients Are Saying
Sahira Samad
Sahira Samad
Highly recommended for any kind of immigration support. Me and my husband are fully satisfied with their professionalism and support. Thank you so much Bellissimo team for our successful judicial review.
Frances Guingon
Frances Guingon
During our visit to the BLG office yesterday, we had the opportunity to meet with the Attorney. My husband and I were deeply impressed with the consultant's knowledge and guidance.
Daryl P
Daryl P
There's something to be said for an honest attorney who advises you to save your money instead of burning it in the hopes of a miracle outcome.I contacted Bellissimo Law Group regarding options for addressing a 12-month Exclusion Order. I'd been in contact with other firms, and each was anxious to get me to sign on for thousands of dollars, while Bellissimo's advice was more grounded. They advised to just wait the 12 months and then maybe consider migrating legitimately because of factors like expense, time, and likelihood of success. To me, that demonstrates a level of integrity you won't often find in most attorneys and when my exclusion ends I will be contacting them to help with my migration to Canada.
Hesham Elsebaei
Hesham Elsebaei
I reached out for a consultation. They were knowledgeable, provided thorough feedback on my documents, and sincerely ensured my needs were met with punctuality and excellent communication. I highly recommend their services!
Ms. Cao and Ms. Dong are truly responsible immigration lawyers who helped my family out of a terrible situation, and you can always trust them.
Abdallah Albakheet
Abdallah Albakheet
Very friendly and professional staff. My partner and I had a session. It went great. We got all the information we needed to proceed with our application. We were advised to do something we wouldn’t know how to do/think of on our own.
Mary Dadula
Mary Dadula
Bellissimo team your amazing.!!!Thank you for helping my case and of course I would like to give a big shout out to this team specifically to Alexandra,Michael, Magdalena,Athena and Justina.and the whole team.Bellissimo group your fantastic.Once again thank you very much.
Sergey Ka
Sergey Ka
We would like to express our deepest gratitude to Bellissimo and personally to Alexandra for their outstanding assistance in helping us navigate the sponsorship process to reunite with family in Canada. From the initial consultation to the successful completion of our case, their thorough understanding of immigration laws, procedures and professionalism were evident at every step. They took the time to understand our unique circumstances and tailored their guidance accordingly. We felt supported and well-informed at all times thanks to their timely updates and guidance. Clear instructions, strategic approach to our case and instant responses to our inquiries, coupled with attention to detail, gave us reassurance and confidence throughout the process. We are very thankful for these efforts that have culminated in a successful outcome allowing us to reunite in Canada. Bellissimo's professionalism and expertise are very much appreciated! We are happy to recommend Bellissimo to everyone who needs help with immigration to Canada.