Five common mistakes in your immigration application that could lead to misrepresentation

Providing incorrect information on your immigration application – even unintentionally – can put you at risk of misrepresentation.

Misrepresentation is a legal term in Canadian immigration.

It refers to providing information to the Government of Canada that is both: untrue, misleading, or incomplete; and could cause an error in applying immigration law to the particular case.

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This includes information that the applicant gave or withheld directly, or someone else prepared or provided on behalf of the applicant (for example the Canadian sponsor in family class cases). Even if the applicant did not personally make the misrepresentation error, they may still be held accountable.

Misrepresentation is a serious offence according to section 40 of the Immigration and Refugee Protection Act (IRPA). Not only can it lead to your application getting rejected, but it can also have grave consequences such as fines, charges, being banned to apply for Canadian immigration for five years; and/or ordered to leave Canada.

Misrepresentation is also one of the possible factors that can lead to revocation of Canadian citizenship.

Some examples of misrepresentation include:

• omitting, consciously or not, to include important information in your application
• submitting altered or false documentation
• lying about your health to your physician during your medical exam
• declaring employment or educational experience you do not have

If I make an honest mistake on my immigration application, is that considered misrepresentation?

Misrepresentation can occur even if an applicant has made an honest mistake.

However, there is some nuance involved.

According to its official definition:

“A permanent resident or 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.”

This means that whether something is considered misrepresentation depends on the information that is provided (or withheld) and if it is considered “material” in a particular case.

Innocent misrepresentation is what happens when an applicant provides information material to their case, that they believe to be accurate but turns out to be wrong or incomplete.

For example, if you mistakenly list your job start date as 2016 instead of 2018, thus adding two more years of work experience, this could be considered misrepresentation if work experience is material to your case, even if it is just a typo. Another example would be failing to disclose a change in circumstance to Immigration, Refugees and Citizenship Canada (IRCC), like having a new spouse or a child.

Irrespective of intent, innocent misrepresentation, if material, may have the same consequences as intentional misrepresentation.

Some common mistakes that could lead to innocent misrepresentation:

Not reporting past marriages

You may mistakenly believe there is no real value in reporting a previous marriage in your immigration application. However, omitting this information will most likely be considered a misrepresentation.

For example, if you’re sponsoring a partner and fail to disclose two previous marriages within five years, immigration authorities may see this as relevant to their decision. Even if the omission was unintentional, it could put your application at risk.

Not reporting past crimes

Even if you don’t feel like thinking about or mentioning an offence that was committed years ago, you still must disclose this information. This applies to all criminal offences. Failure to provide this information can lead to misrepresentation. It doesn’t matter in which country the offence was committed.

Not reporting a visa refusal to enter Canada or another country

If you’ve ever been denied an entry visa into a country, this needs to be disclosed in an immigration application. This rule applies for any country – not just Canada or the United States. If you’ve been denied a temporary work permit, a visitor visa, a permanent residency visa, a study visa or any other type of visa and/or immigration application, it needs to be mentioned in your application.

Failure to report former military service or political activity

You might be reluctant to disclose your previous political activity, especially if you're uncomfortable with sharing your political leanings.

However, for the purpose of immigration, it’s necessary to be open and honest about previous political activity. This also applies to military service and memberships to any parties and/or any political organizations.

Giving approximate information

When unsure about exact information, it’s tempting to give approximate dates or details. However, this can be risky. Authorities may find discrepancies and suspect misrepresentation. If you’re uncertain about specific facts, it’s better to admit your uncertainty than to provide inaccurate information.

By being thorough and honest in your application, you can avoid the risk of misrepresentation, including innocent misrepresentation.

What do I do if I’ve made a mistake in my immigration application?

The best thing to do would be to contact IRCC immediately and explain the situation.

This is not a guarantee that the misrepresentation will be forgiven or excused. However, it is regarded favourably compared to IRCC independently discovering it in the application.

If you’ve found out about the misrepresentation through a Procedural Fairness Letter (PFL), you should write a clear and comprehensive letter to address the concerns raised by IRCC as well as to provide as many supportive documents as possible.

IRCC sends a PFL to an applicant before an officer makes a final decision on misrepresentation. It gives the applicant a chance to explain any inaccuracies or mistakes.

Many applicants choose to hire a lawyer to prepare such letters and submissions to ensure they are as clear and concise as possible and avoid being accused of misrepresentation.

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