Five Common Immigration Application Mistakes That Could Lead to Misrepresentation

Providing incorrect information on your Canadian immigration application can have serious consequences, even if the error is unintentional. This blog highlights common mistakes that may lead to misrepresentation and how to avoid them.

What is Misrepresentation in Canadian Immigration?

Misrepresentation is a legal term in Canadian immigration. It refers to providing information to the Government of Canada that is:

• Untrue, misleading, or incomplete.
• Could cause an error in how immigration laws are applied to your case.

This includes any false information you provide directly or that someone else provides on your behalf, such as a sponsor in a family application. Even if you did not personally make the error, you can still be held responsible.

Consequences of Misrepresentation

Under Section 40 of the Immigration and Refugee Protection Act (IRPA), misrepresentation is a serious offense. Potential consequences include:

• Application rejection.
• Fines or charges.
• A five-year ban on applying for Canadian immigration.
• Deportation from Canada.
• Revocation of Canadian citizenship, if applicable.
  
  

Examples of Misrepresentation

Here are some examples of what constitutes misrepresentation:

• Leaving out important details in your application.
• Submitting altered or fake documents.
• Providing false information during your medical exam.
• Falsifying work or education experience.
  
  

Honest Mistakes Can Still Be Misrepresentation

Even if you make an honest mistake, it may still be considered misrepresentation if it is "material" to your case—that is, if it could influence the outcome of your application. For instance, listing the wrong start date for a job, even by accident, could be considered misrepresentation if it affects the evaluation of your work experience.

Common Mistakes That Could Lead to Innocent Misrepresentation

1. Not Reporting Past Marriages
   Some applicants may think that past marriages are not relevant, but failing to disclose them can be considered misrepresentation. If you are sponsoring a partner and do not report previous marriages, it may impact the decision on your application.
2. Not Reporting Past Crimes
   You must disclose all past criminal offenses, regardless of where they occurred. Even minor offenses must be reported, as failing to do so can lead to serious consequences.
3. Not Reporting Visa Refusals
   If you have ever been denied a visa for any country—not just Canada—you must disclose this information. This applies to all types of visas, including temporary work permits, visitor visas, and study permits.
4. Not Reporting Former Military Service or Political Activity
   Some applicants may hesitate to mention previous political affiliations or military service, but full disclosure is essential. IRCC requires details on any military service or involvement in political organizations to ensure a thorough background check.
5. Giving Approximate Information
   If you’re unsure about specific dates or facts, avoid providing rough estimates. Instead, note your uncertainty, as inaccuracies could lead to suspicion of misrepresentation. It’s always better to be honest and clear.
   
   

What to Do if You've Made a Mistake

If you realize that you have made a mistake in your application, contact IRCC immediately to explain. Although there’s no guarantee that the mistake will be forgiven, being proactive is viewed more favorably than having IRCC discover the error themselves.

If you receive a Procedural Fairness Letter (PFL) from IRCC, it means they have identified a potential issue with your application. Respond promptly with a clear explanation and any supporting documents to clarify the situation. Many applicants choose to hire a lawyer for this process to ensure a thorough and accurate response.

Final Tips

To avoid the risk of misrepresentation:

• Be honest and accurate in your application.
• Double-check all the information you provide.
• If unsure about any details, seek advice before submitting your application.

By being diligent and transparent, you can navigate the Canadian immigration process with confidence and minimize the risk of misrepresentation.