MISREPRESENTATION
IRCC may determine an individual misrepresented if they believe they were not truthful in an application. This can arise if a person deliberately or mistakenly provided false information on the forms or fraudulent documents. Sometimes, merely falling to disclose a previous refusal of a visa to USA, Australia or another country on an application will result in inadmissibility for Misrepresentation and a 5-year ban to Canada. Sometimes, IRCC makes an error in judgement when reviewing an application. This matter needs to be clarified in a sufficient manner to avoid the application being refused and being banned from Canada.
If you find yourself in a situation where IRCC sends you a Procedural Fairness Letter (PFL) it is extremely important to submit a detailed response with strong factual arguments. Most individuals do not appreciate the seriousness of the situation; they decide to respond before the application is refused. It is highly recommended to retain professional help to submit a proper response, as there will not be another opportunity provided later. Sometimes, a refused application will also come with serious consequences such as becoming inadmissible to Canada with a 5-year ban for misrepresentation.
Who can be found to be inadmissible for misrepresentation?
The Immigration and refugee protection Act (IRPA) set out that a foreign national or permanent resident can be found to have misrepresented for many reasons of which include:
- Providing information to the Immigration, Refugee and citizenship Canada (IRCC) or to the Canada Border Services Agency (CBSA) that is inconsistent, inaccurate, or incomplete, and that as a result could create an issue with the administration of the IRPA.
- Being sponsored by an individual who has been found guilty in creating a misrepresentation
- Holding materials facts from the IRCC or CBSA that are relevant to the matter and that as a result could induce an error in the administration of the IRPA
- Following to an end of citizenship based on a determination that this status was obtained by false representation.
Examples of a material misrepresentation
- Failure to declare that you have received a refusal on a visa for another country
- Providing a certain document that is found to not be genuine
- Failure to mention a family member in a document
- Declare employment experience which you do not have
- If one engages in a non-genuine marriage
Examples of nonmaterial misrepresentation
- Reversing the date or month of your birth on an application
- Indicating being single in case of widowed
- Providing the correct information on all the forms except one
Therefore, if by any chance you received a Procedural Fairness Letter, it is recommended to retain a professional to prepare a strong and sufficient response.
Contact US:
Tel: (+1)289-801-5048 Toll Free: 1-844-657-6756
Fax: (+)289-801-5042
Address: 80 Maritime Ontario Blvd. Unit 224, Brampton ON L6S OE7
I have been issued PFL for not mentioning the US visa rejection details.
I was granted Canada Visa last year for 3 months which got expired, so I applied again for my visit to canada next month.
However, while filling the TRV form again, I referred the old TRV form (during that time i was not having US visa refusal) and copied all the contents except the travel dates.
And by mistake I didn’t correct the visa refusal for Canada or other countried to ‘yes’.
It was an honest mistake or human error.
Kindly help me how to respond to Canada embassy for this.
I have the refusal form from US embassy, also, I have Canada return tickets, which assure my return after my business meeting in Ottawa, Canada.
Hi,
My grandfather got misrespresentation ban as we made mistake for option any refusals in past 10 yrs.Anyway we can workout that?
Hi there,
My grandfather got misrepresentation ban for 5 yrs as he mistskled tickdd no on as he was refused in past 10yrs. Is there anyway we can work on that thing?
Applied for pr after going through mpnp still in UK atm due to corona19 they have sent me this letter.
We are writing with regards to your application for permanent residence in Canada.
Please be advised that we require further information regarding your ACRO-issued UK police
certificate notation of ‘NO LIVE TRACE’. This means that you have a record on the Police
National Computer that has been stepped-down. To obtain more information on your stepped-
down record, please contact ACRO criminal record office. You should then send this information
back to IRCC-London for assessment. In all cases, it is necessary that a full submission of
events/outcomes is provided to ensure that the applicant is not criminally inadmissible to
Canada under IRPA.
Please provide us with the above information and a full explanation of the events surrounding
your police record within 30 days.
Please also note that you must provide an explanation as to why, despite this police record, you
stated ‘NO’ on your Schedule 1 declaration, in regards to the question ‘Have you ever been
convicted of, or are you currently charged with, on trial for, or party to a crime or offence, or
subject of any criminal proceedings in any country?’
You should be aware that subsection 40(1)(a) of the Immigration and Refugee Protection Act
2001 states that a foreign national is inadmissible for misrepresentation for directly or indirectly
misrepresenting or withholding material facts relating to a relevant matter that induces or could
induce an error in the administration of this Act. Subsection 40(2)(a) specifies that the foreign
national continues to be inadmissible for misrepresentation for a period of five years following, in
the case of a determination outside Canada, a final determination of inadmissibility under
subsection (1).
Please also return a copy of this correspondence with your items/documentation.
Is there anyway around this…I thought my convictions were spent and my police check said no live trace…I’ve had no dealings with police here in UK for over 27 years now..the bit I’m worried about is the bit they are asking as to why I put a no response to previous convictions on application…