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Did you lie about your English or French CLB score on your Express Entry profile? This adjustment will not go unnoticed by Immigration. Many Latinos resort to this strategy, anxious to achieve the CRS score they require for permanent residency in Canada, but do not think about the consequences. A small lie or suspicion of an irregularity can trigger a Procedural Fairness Letter (PFL) and, in the worst case, generate a 5-year ban from entering Canada. This would be fatal if you live with your family and have minor children, because you and everyone would have to return to your country of origin, which would have a strong emotional and economic impact on everyone.
At Immiland Law, we have identified this unfortunate situation all too often, and we want you to be forewarned. Therefore, I will explain the consequences of a language score misrepresentation and focus on the Procedural Fairness Letter, what it is, when it applies, and how to avoid the temptation to lie on your immigration application. Let's get started.
Misrepresentation, misrepresentation, misrepresentation, misrepresentation, misrepresentation, misrepresentation, is a very serious matter under Canadian immigration law. Under Section 40 of the Immigration and Refugee Protection Act (IRPA), misrepresentation is considered when a person has, directly or indirectly, given false information or concealed material facts relating to a relevant matter that could lead to an error in the application.
It does not matter whether it was a "white lie" or an "innocent mistake", an oversight in filling out the form or there was no intent to deceive; if your CLB language score information is incorrect, once detected by the immigration officer, it is considered misrepresentation. Your Express Entry profile and your application for permanent residence are legally binding documents, so declaring a CLB score that does not match your official results as of the date of issuance of your documents may lead to a charge of misrepresentation or misrepresentation.
The common, and unfortunately costly, mistake occurs when an immigration applicant creates their Express Entry profile or Expression of Interest (EOI) and declares a higher language score (Canadian Language Benchmark - CLB) than they actually possess. The hope is to increase the chances of receiving an Invitation to Apply (ITA) in future Express Entry selection rounds, while working on improving the language level before the permanent residence application deadline.
The critical point of this misguided strategy lies in the rigor of the Canadian immigration process. When the Canadian government issues an ITA, this invitation is tied to a specific date. If the applicant receives the ITA and proceeds to submit his or her application for permanent residence, the immigration officer responsible for adjudicating his or her file will conduct a thorough verification of the information provided. This review includes validation of the language scores you declared on the same day you created your Express Entry or EOI profile.
For example, if you created your Express Entry or EOI profile today and provided a language test score that exceeded your actual score (for example, declaring a CLB 7 when your official assessment was a CLB 5 ), it is imperative that you possess, on the date of profile creation, an official documentary support of that CLB 7, issued by a recognized entity such as IELTS, CELPIP, TEF or TCF.
While it is true that the Express Entry or EOI profile can be updated during the ITA waiting period, any changes must reflect scores that have already been obtained. Misrepresentation is betrayed not only by the discrepancy in CLB scores, but also by the dates on which the language test results were obtained. If you declare a specific CLB on your initial profile, and subsequently take a new test to achieve that CLB, the date of issuance of that new certificate will be later than the date of creation of your Express Entry profile. This time inconsistency is a clear sign of misrepresentation. Worse, the situation is exacerbated if the applicant fails to achieve the initially declared CLB score.
Upon detecting this discrepancy in the dates and CLB scores, the immigration officer has the power to formally charge you with misrepresentation under the Immigration and Refugee Protection Act (IRPA). The consequences of this charge are severe, because your application for permanent residence would be denied and you could be declared inadmissible to Canada for a period of five years, which would prevent you from submitting any other immigration application during that period.
If you did not lie about your score, but Immigration suspects that there has been a misrepresentation in your profile or Expression of Interest, you are likely to receive a Procedural Fairness Letter (PFL)Procedural Fairness Letter (PFL). This letter is your final opportunity to respond to Immigration's concerns before they make a final decision on your case.
In the context of language scores, a PFL is usually issued when IRCC checks your results with the testing organizations (IELTS, CELPIP, TEF, TCF) and finds a discrepancy between your declared score and the official score. Then, once the PFL is activated, it will notify you of the discrepancy and give you a very limited period of time (usually 15-30 days) to explain what happened and provide any evidence to show that there was no misrepresentation.
But unfortunately this is where many make another serious mistake: attempting to answer a PFL on their own without understanding the correct legal procedure. It is common for applicants to give impromptu explanations or explanations not supported by solid evidence and by doing so they only end up confirming the misrepresentation in the eyes of Immigration.
At Immiland Law, we view this malpractice with language scores with concern, even with other data. To avoid being accused of misrepresentation or to channel the receipt of a PFL, especially when it comes to something as identifiable as a language score, the first thing we recommend is to be honest when filling out any immigration form and avoid the temptation to exaggerate a score or any other data.
Our team of CICC regulated lawyers and consultants can help you manage your Express Entry profile from the start, ensuring that all information declared, including your language scores, is accurate and truthful, and avoiding unnecessary risk of misrepresentation. Meet our lawyers and regulated consultants.
If, unfortunately, your application is denied and a removal order or prohibition is issued, we can assess the feasibility of an appeal to the Immigration Appeal Division (IAD) or a judicial review before the Federal Court of Canada. Although the most important thing is to work on responsible facts and not on false facts or misrepresentation of your immigration data. See service.
I hope this topic will be helpful and avoid mistakes in your application. Contact us at today if you require a consultation and let our experts evaluate your situation in a timely manner.
Thank you very much for reading, see you in the next blog!
With love,
Immiland Law Professional Corporation
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