Canada has strict immigration rules, and one of IRCC’s top priorities is preventing misrepresentation—giving false, incomplete, or misleading information to IRCC or the Canada Border Services Agency. This can lead to serious consequences, like being banned from Canada or even removed from the country.

To prevent this, immigration officers verify all information by working with international partners. They expect applicants to be honest when filling out forms, submitting documents, and explaining their reasons for coming to Canada.

This article breaks down what misrepresentation is, the penalties, and what to do if you’re accused so you can avoid mistakes and protect your status.

Misrepresentation occurs when someone provides false or misleading information in their immigration application, whether intentionally or by mistake. This can lead to serious consequences, including a five-year ban from Canada. Here are some common examples to avoid:

Using Fake or Altered Documents : Submitting modified diplomas, fake bank statements, or fraudulent language test results.
🚨 Example: An immigration consultant altered a bank statement to meet financial requirements. When discovered, the applicant was banned from Canada—even though they were unaware of the changes.

Lying About Work Experience: Exaggerating job titles, responsibilities, or employment history.

Not Declaring a Visa Refusal: Failing to mention past visa denials from other countries, which Canadian immigration officers can verify.

Hiding a Criminal Record : Not disclosing past arrests or charges, even if they happened years ago, which can lead to inadmissibility.

Leaving Out Family Members :  Omitting dependents in your application can cause problems later, including refusal or issues with future sponsorship.

Misleading About Intent : Claiming to visit Canada as a tourist while secretly planning to work or study without the proper permit.

To avoid misrepresentation, always provide truthful, complete, and accurate information in your application. Even unintentional mistakes can have serious consequences

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.

Misrepresentation generally falls into two categories:

1: Intentional Misrepresentation
Occurs when an individual knowingly submits false information or documentation—such as forging an employment letter to meet certain eligibility requirements.

2: Unintentional or Innocent Misrepresentation Immigration Canada
Even well-meaning applicants can be held liable if they provide incorrect details or omit critical information. One common example is forgetting to mention a prior visa refusal in another country

Even simple mistakes, such as a typographical error or forgetting to include certain details, can be considered innocent misrepresentation in Canada if they lead an immigration officer to an incorrect conclusion. Even if the mistake was not intentional, applicants are still responsible for ensuring that all information provided is accurate. Unfortunately, misrepresentation can still result in serious consequences.

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.

If you have been accused of misrepresentation and face a visa refusal or a five-year inadmissibility ban, Judicial Review may be your best option to challenge the decision. At Crest Attorneys, we specialize in Federal Court challenges, ensuring your case is presented with strong legal arguments and procedural accuracy.

📌 How We Assist You:
✔ Comprehensive Case Assessment – We carefully analyze the refusal decision to identify legal errors or procedural unfairness.
✔ Judicial Review Application – We prepare and submit all necessary court documents, ensuring compliance with legal requirements.
✔ Federal Court Advocacy – Our experienced lawyer represents you in court, arguing for a fair outcome.

How does the involvement of a lawyer like Mr. Dami enhance the chances of success in a Judicial review?

Having  Mr. Oluwadamilola Asuni ( Dami) , an expert in Judicial review, increases your chances of success. With a proven track record of handling hundreds of cases, his expertise and experience are invaluable assets to your case.

How long does the entire Judicial review process typically take from start to finish?

The judicial review process duration varies, but on average, our clients receive settlement letters within approximately 4 months, though this can differ based on individual circumstances.