Our last post dealt with immigration fraud through misrepresentation. We covered how this could make a person inadmissible to Canada. Examples of misrepresentation are:

  • lying
  • using false documents
  • providing incorrect information on their application or during an interview

Also, if the applicant’s representative does any of the above, the applicant can be found to have misrepresented as well. However, if it doesn’t impact the decision, it may not be considered misrepresentation.

Penalties for immigration fraud and misrepresentation

The possible penalties for misrepresentation are numerous. They can be very harsh, depending on the circumstances. If a sponsor in a family class application is found to have misrepresented, the person being sponsored would also be inadmissible.

For example, a son was sponsored to come to Canada as the dependent child of a Canadian citizen. The son subsequently became a permanent resident and later sponsored a spouse to come to Canada. The son was later found to have lied on his application. The permanent resident status was revoked. As well, his spouse was found inadmissible.

Refugees and new citizens

Refugees can have their status vacated due to misrepresentation. This would result in a loss of permanent resident status. A citizen who obtained permanent resident status through misrepresentation, could have citizenship revoked. For more information, see the Citizenship Act.

If found inadmissible due to misrepresentation, you cannot appeal to the Immigration Appeal Division unless you are the spouse, common-law partner, or dependent child of a Canadian sponsor. Once you are removed, you will continue to be inadmissible for five years. You will not be able to return to Canada in this time period without authorization from Canadian immigration or a temporary resident permit.

It is important to take precautions to avoid charges of immigration fraud or misrepresentation. If you have questions about this topic or any other, feel free to contact us toll-free at 1-866-972-7366.