Finding of Misrepresentation: What Does It Mean

If you have a finding of misrepresentation marked on your immigration application, you will not be permitted to enter Canada. A finding of misrepresentation has serious connotations as it could lead to a five-year ban from travelling or immigrating to Canada. This is one of the most stringent rules in the book of Canada’s immigration laws. Though difficult, a finding of misrepresentation can be challenged and turned around.

You can expect to get notice period to clear misrepresentation

Usually when an agency, that helps its clients travel or immigrate to Canada, notices a misrepresentation in the documents, it informs the client about it. The authorities convey this information with the help of a ‘Procedural Fairness Letter’. An immigration officer would give you a 15-day notice, stating the reasons behind finding of misrepresentation, is handed out to the individual.

Some of the common issues leading to finding of misrepresentation include presenting fraudulent or forged documents, non-declaration of criminal charges and not sharing information about visa being refused in the past.

If you receive a Procedural Fairness Letter, you must make it a point to respond to it as soon as possible. The response provided by you should have clarity and give the authorities an impression that you are serious about responding to the charges levelled against you. Poor immigration representation also proves to be one of the common causes behind finding of misrepresentation.

Authorities often come across people telling them that they signed the forms given to them without checking or verifying properly. You must know that Federal Court doesn’t find such reasons to be valid and treats them as excuses. As an applicant, you have no option to assume completely responsibility for everything that you wrote in your form.

A Permanent Resident can be declared inadmissible in following circumstances

A permanent resident of Canada or a foreign national would be considered inadmissible for misrepresentation under the following circumstances:

• Misrepresenting facts or withholding critical information pertaining to a relevant matter that could lead to an error in the implementation of this Act.
• For sponsoring or being sponsored by an individual for who has not permitted to enter the country.
• Not a citizen anymore under the Citizenship Act.

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Harleen Kaur

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