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Misrepresentation

Have you been refused based on Misrepresentation? We can help!

Misrepresentation as an admissibility finding is becoming increasingly prevalent. These findings are significant, as if you are found to be inadmissible on account of misrepresentation then you are barred for five years from making an application to return to Canada.

What is Misrepresentation?

Misrepresentation occurs when information is provided to Citizenship and Immigration Canada (CIC) or to the Canada Border Services Agency (CBSA) that is inconsistent, inaccurate, or incomplete.

Examples of misrepresentations would be:

  1. Fail to declare that you have been refused a visa for another country
  2. Provide a document that is found to be non-genuine
  3. Fail to mention a family member
  4. Declare employment experience which you do not have, or
  5. Obtain permanent residence by having engaged in a non-genuine marriage

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

What can you do if you are facing an allegation of Misrepresentation?

If you have made an application to enter Canada – before you would be found to have misrepresented yourself by CIC, you will be given an opportunity to respond and address CIC’s concerns. This process is known as “procedural fairness” and it is important to be aware of the timeline given for the response by CIC and whether the response will be made at an interview or on paper. Please contact us immediately for assistance, as time is of the essence in cases like these.

If you are in Canada as a temporary or permanent resident – before you would be found to have misrepresented yourself, the CBSA would provide an opportunity to address the allegations. If the CBSA believes that you have misrepresented yourself, they will refer the allegation to the Immigration Division for an Admissibility Hearing. For more information on Admissibility Hearings, click here.

Misrepresentation findings will have significant impact on all future interactions with CIC and the CBSA. It is important to carefully address these allegations.

We can assist – Contact us today!

Latest Immigration Court Decisions

For the latest immigration court decisions on Misrepresentation cases, please click here.


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