Fraudulent Misrepresentation in Canada
Canada can remove or ban an applicant for fraudulent misrepresentation. It is one of the most common reasons for a person being inadmissible to Canada. Misrepresentation can happen on immigration applications or during interviews. Sometimes a foreign national provides wrong information by deliberately lying or using false documents. In this case, Canada would find them inadmissible due to misrepresentation. Some examples of where misrepresentation can occur are:
- In information provided by the applicant
- A change in circumstances not disclosed by the applicant
- In information provided by someone on behalf of the applicant
- In information provided due to request of Immigration, Refugees and Citizenship Canada (IRCC)
For example, a person falsified their work experience in order to come to Canada as a skilled worker. The employer quickly finds out that he does not actually have the skills or experience he claimed. He included these skills on his immigration application. It is important to note that it is not necessary for the applicant or their representative to have intent to mislead. Misrepresentation done innocently is still fraudulent misrepresentation.
Fraudulent Misrepresentation by Consultants
A person could also be found inadmissible due to misrepresentation even if they are not handling the application personally. There have been reports of immigration consultants or lawyers mishandling files or deceiving authorities. This is misrepresentation as well. This is why it is very important to choose your authorized representative very carefully. You can be liable for any of their missteps.However, if the information provided does not cause an officer to make an error in making a decision on the application, then it does not fall under misrepresentation. If it was not important enough to affect the decision-making process, then it is possible that you may not be found guilty of misrepresentation.Nonetheless, the consequences for misrepresentation can be severe. We can help with information related to working, studying or living in Canada. Contact us toll-free at 1-866-972-7366.
