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Misrepresentation: A Serious Immigration Offence

Section 40 of the Immigration and Refugee Protection Act states that an individual will be barred from entering Canada for misrepresenting (either directly or indirectly) information or omitting facts and information on immigration documents and during communication with Citizenship and Immigration Canada. Immigration officials in Canada take misrepresentation very seriously and consider it to be fraud.

What Constitutes Misrepresentation?

Misrepresentation is not limited to information you provide on immigration paperwork. A person commits misrepresentation when he or she falsifies, alters, or lies about:

  • Visas
  • Marriage certificates
  • Diplomas, certifications
  • Passports, travel paperwork
  • Documents showing the individual is skilled in a trade
  • Divorce decrees
  • Legal documents
  • Death certificates

Furthermore, a person commits fraud any time he or she lies during an interview with an immigration official. If immigration officials determine a person misrepresented information, the typical penalty is a five-year ban from entering Canada.

Important Points about Misrepresentation

There are quite a few important things to know about misrepresentation, including:

  • If a sponsor lies or omits facts on an immigrant’s documents, it is the immigrant who becomes inadmissible to Canada
  • Similarly, if a lawyer or immigration consultant lies on forms or paperwork, the immigrant is inadmissible
  • Permanent residents can also be removed from Canada or jeopardize their status if they commit fraud
  • Applicants can’t simply withdraw an application if immigration officials suspect misrepresentation

Because misrepresenting information about yourself and your past can result in a five-year bar from entering Canada, it is very important to consult with an experienced immigration lawyer before filing any kind of immigration application.

Butkowsky Immigration Law

With more than two decades of experience focused exclusively on immigration and refugee law, Larry Butkowsky has earned the respect of the Toronto legal community and the gratitude of many satisfied clients. He is committed to protecting his clients’ rights and making sure that they achieve their Canadian immigration dreams. Call (416) 979-2127 to discuss your immigration matters.

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