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Dealing with Misrepresentation Issues in Canadian Immigration Applications

Misrepresentation is providing false information or supporting documents in the immigration application. It can be because of a mistake or fraud. Most cases of misrepresentation are inadvertent and avoidable mistakes. Whatever the reason, Canadian immigration law perceives misrepresentation as a serious offense leading to fines, a ban on future entry, and deportation. Misrepresentation is a critical challenge in the Canadian immigration system. Continue reading to discover ways to deal with misrepresentation issues.

Misrepresentation and its consequences

Immigration, Refugees and Citizenship Canada (IRCC) considers submitting misleading or false information or providing forged documents while applying for a Canadian immigration program or during interviews as a criminal offense. The documents for immigration comprise several official papers, passports, educational certificates, passports, and visas. Altering these documents or providing fake papers amounts to an act of misrepresentation.

The consequences of misrepresentation are severe, as IRCC executives view this as fraud. IRCC officers will reject the application besides implementing a five-year ban on the individual’s entry into Canada. Misrepresentation results in the loss of citizenship or permanent resident status. The individual will have to face criminal charges and deportation. Immigration, Refugees and Citizenship Canada (IRCC) aims to secure the integrity of Canada’s immigration system by preventing manipulation and deception.  

Factors that cause misrepresentation

An aspiring immigrant may face the consequences of misrepresentation with no intention to commit fraud or deceive Canada’s immigration system. The following scenarios explain how someone may commit an act of representation:

  • The stress of not being eligible for the immigration program- There is a possibility of overstatement while filling out the immigration form because of the stringent eligibility requirements of immigration programs. These individuals are not confident of selection if they provide actual information. 
  • Lack of proper guidance– the Canadian immigration system is difficult to navigate because of complex eligibility requirements and immigration laws. Consulting a knowledgeable immigration expert is crucial to avoid misrepresentation because of failure to fathom intricate details of the immigration process and legal implications. 
  • Lack of knowledge and anxiety– Immigration applicants with no accurate information about the immigration processes are likely to bypass critical steps during the application process. Desperate individuals may commit misrepresentation because of extreme anxiety.

Precautions to avoid misrepresentation

The most straightforward option to avoid misrepresentation is to check the supporting documents and information in the application for accuracy before submission. IRCC scrutinizes every detail in the application and each document that supports the application.

Checking everything twice or thrice will help you avoid errors and omissions. Reputed Registered Canadian Immigration Consultants (RCICs) provide end-to-end support for arranging documents and filling out applications with correct information. Flawless applications and correct submission of documents boost the chances of approval of the immigration application.

Each immigration pathway mandates a long list of documents and diverse information requiring the support of an immigration attorney. One must hire an expert immigration consultant to eliminate the scope for mistakes to avoid serious consequences of misrepresentation. Immigration consultants help applicants navigate the complex and intricate process of preparing and submitting the application.

Possible remedies for addressing misrepresentation

Immigration officers do not arrive at the final decision of misrepresentation if they encounter issues with the application of supporting documents. They send a Procedural Fairness Letter to enable individuals to explain the issues. Receiving a Procedural Fairness Letter may be annoying. However, it provides the applicant with an opportunity to clear doubts. Immigration consultants can help you reply to the letter to steer clear of misrepresentation.

The Judicial Review process is suitable for applicants facing misrepresentation charges who feel the decision by the IRCC is irrational. The legal solution of Judicial Review helps reverse the decision after the court concludes that the decision by IRCC is not justifiable. The common defense in such cases is of innocent mistake. Hiring an experienced immigration lawyer helps applicants deal with misrepresentation and get approval for the immigration application.

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