What happens if you lie on the application?

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If you lie on an immigration application to IRCC, your application may be denied and you may be barred from entering the country. Similarly, if you are found to have lied on your application after you have been granted immigration status or citizenship, these may also be revoked. For this reason, it is important that you provide accurate and honest information on all of your immigration applications.

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Misrepresentation or misrepresentation misrepresentation in Canadian immigration law refers to providing false or misleading information or withholding relevant information in an application for immigration or citizenship; this includes lying, providing false documents or failing to disclose relevant information in the application. On the other hand, misrepresentation is a serious offence and therefore carries severe consequences that may include loss of permanent residence in Canada and, for certain persons making applications such as visitor visas, study permits or work permits, a ban on entry to the country for 5 years.  

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If you need to apply for your Canadian visa and would like the assistance of a specialized legal team, please click on this link.

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What does Canadian immigration law provide about misrepresentation?

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According to Section 40 of the Immigration and Refugee Protection Act, misrepresentation consists of directly or indirectly misrepresenting or concealing material facts concerning a relevant matter that misleads or is likely to mislead in the administration of this Act.

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Lying on the application or during the interview, as well as providing false documents are some of the most common types of immigration misrepresentation; a frequent argument is the fact of having relied on the advice of an unauthorized immigration professional, or the negligent handling by your immigration professional of certain facts that resulted in providing a false statement, however, even so, it is the applicant who will be found guilty of the fraud committed. Hence the importance of hiring an authorized and qualified immigration representative to handle your case correctly and avoid the immigration penalties mentioned above.

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What are the documents involved in a false declaration? 

• Passports and travel documents.
• Visas.
• Diplomas, degrees and internships or commercial documents.
• Birth, marriage, final divorce, annulment, separation or death certificates.
• Police certificates.

If you need to make your affidavit and want the advice of a specialized legal team, in Immiland we can help you, please click on this link.

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When has a false statement been made?

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When inconsistent, inaccurate or incomplete information is provided to Immigration, Refugees and Citizenship Canada (IRCC) or the Canada Border Services Agency (CBSA).

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The following are some examples of false statements: 

• Do not declare that you have been denied a visa for another country.
• Providing a document that is not authentic.
• Do not mention a family member.
• Declare work experience that you do not have.
• Obtaining permanent residence for having contracted a non-genuine marriage.
• Omitting that you have received assistance with your application from an unauthorized representative.

You, a member of your family or your representative may provide (or omit) misrepresentations, however, in all cases, the principal applicant will be found guilty, even if he or she did not know that a false statement had been made.

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What are the penalties for making a false statement?

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The most extreme penalty if you are charged with immigration misrepresentation is the refusal of your application. Other penalties include being banned from entering Canada for 5 years, revocation of your legal status, and being placed on the IRCC fraud registers.

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Now, these penalties only occur when it is shown that in the application process something has been misrepresented, but that should not be confused with errors in the application. An example of an error might be forgetting to provide a required document, accidentally changing the month of birth, or other minor evidence. However, errors can become misrepresentations if they are shown to have occurred intentionally.

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What can you do if you face an accusation of false statement?

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If you have submitted an application to enter Canada before IRCC officially determines that it has been misrepresented, you will be given the opportunity to respond and address IRCC's concerns, this process is known as procedural fairness and it is important to note the timeline given for the response and whether this will be done in an interview or on paper.

Findings of misrepresentation will have a significant impact on your immigration status within Canada. If you and all of your dependent family members (spouse and children) are found to be inadmissible to Canada, this will prevent any of them from obtaining another temporary or permanent resident visa. In addition, the person found to be misrepresented will receive a 5-year entry ban to Canada. It is important to carefully address these allegations in a timely manner, as delaying or failing to respond to them could have serious consequences.

If you received a procedural fairness letter, you are encouraged to seek professional help immediately. This is the only opportunity to respond before being declared inadmissible for a false statement. A detailed response with accompanying documents must be provided, otherwise IRCC will have problems with your application.  

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If you require support with your immigration process, Immiland can help you by clicking here.

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With love,

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Immiland.

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