Misrepresentation involves providing false, incomplete, or misleading information in Canadian immigration applications, intentionally or unintentionally.

Two Types of Misrepresentation

• • • Intentional Misrepresentation – Knowingly providing false information (fake documents, false claims).

    • Innocent (Unintentional) Misrepresentation – Honest mistakes or omission of facts (e.g., forgetting previous visa denials).

• Fake or Altered Documents

  • Forged diplomas, false financial statements, fake language tests.

• Misleading Work Experience

  • Exaggerated employment history or roles.

• Failure to Declare Past Visa Refusals

  • Not disclosing prior visa denials from other countries.

• Hidden Criminal Records

  • Omitting previous charges or arrests, even minor or outdated.

• Undisclosed Family Members

  • Failing to include dependents.

• Misleading Intentions

  • Misrepresenting the true purpose of visit (e.g., tourist vs. worker/student).

If IRCC suspects misrepresentation, they will issue a Procedural Fairness Letter, giving you a short deadline to respond with supporting documents. This is your final chance to clarify the issue before a decision is made.

Here is an example of a Procedural Fairness Letter where IRCC asked an applicant to prove their English test results were genuine. IRCC had already confirmed the test was invalid, giving the applicant a final chance to respond before a decision.

Receiving a Procedural Fairness Letter (PFL) can be extremely stressful, and how you respond is crucial. Stay calm and seek guidance from an experienced immigration lawyer to protect your future in Canada.

Canadian immigration authorities treat misrepresentation with the utmost seriousness. Potential outcomes include:

1. Misrepresentation Ban Canada
   A common penalty under Section 40(1) of the Act is a five-year ban from entering or re-entering Canada. During this period, you cannot work, study, or seek permanent residency.
2. Refusal of Current and Future Applications
   A finding of misrepresentation cases in Canada can negatively affect your prospects for future applications, leading to repeated refusals.
3. Removal Orders
   If you are in Canada and found to have misrepresented information, you may receive a removal order. Permanent residents sometimes have the right to appeal, while others must turn to the Federal Court.
4. Loss of Permanent Residency or Citizenship
   If you obtained your status through Canada misrepresentation, authorities may revoke it.
5. Criminal Charges
   In severe instances involving fraud or large-scale deception, charges may be pursued under Canadian law.

• Judicial Review
  You can challenge a refusal in the Federal Court if you believe it was unjustly reached.
• Authorization to Return to Canada
  If you have received an Exclusion Order, you may apply for an Authorization to Return to Canada before the five-year ban ends.
• Temporary Resident Permit
  Under specific circumstances, you may request a Temporary Resident Permit that allows you to reside or visit Canada for a prescribed length of time.
• Humanitarian and Compassionate Application
  If your personal circumstances are compelling, you may pursue relief under humanitarian and compassionate grounds.