March 24th, 2024 at 04:50 am

Avoiding Misrepresentation in Canada Immigration

In this post, we’ll look at how to avoid inadvertent mistakes when filling out forms and how to avoid misrepresentation in applications to Immigration, Refugees, and Citizenship Canada (IRCC).

Misrepresentation can have serious implications, such as the denial of your application or a prohibition on entering Canada. By the end of this essay, you should have a thorough understanding of the actions and measures required to prevent misrepresenting yourself in your application to IRCC. Remember that accuracy and honesty are essential for successful and trouble-free business immigration.

What is Misrepresentation in Canadian Immigration?

First, let’s define misrepresentation in the context of immigration or visa applications. Misrepresentation refers to the provision of inaccurate or misleading information when submitting an application to IRCC. To obtain a visa, individuals may conceal key facts, provide fake documents, or make false comments.

Most applicants end up misrepresenting themselves because they don’t comprehend the question being asked. On occasion, IRCC employs highly precise legal vocabulary, making some remarks and queries easily misconstrued. Even if these errors are not deliberate, they can have both short- and long-term ramifications for future immigration proceedings.

Avoid Misrepresenting Yourself by Filling Out Your IRCC Forms Correctly

As immigration experts, we always hope that IRCC would simplify these procedures, making them more accessible to all. However, until such adjustments are implemented, let us figure out how to properly grasp and answer these difficult and complicated issues.

Step 1

The first question, which many applicants struggle with and frequently answer incorrectly, is: Have you or any of your family members listed in this application ever been convicted of or are currently charged with, on trial for, or a party to a crime or offence, or subject of any criminal proceedings in any other country or territory?

While applicants understand that the first half of the inquiry is about whether they have been convicted, many applicants are unable to distinguish between being charged and being on trial. As a result, people mistakenly feel that if they are innocent and not yet on trial, they should answer ‘No’. The important point to remember here is that the IRCC is not asking if you are innocent or not; they are asking if there is a pending accusation against you. Even if you are innocent and are not currently on trial in a court of law, if there is an ongoing investigation against you in which police have charged you with an offence, the response to this question should be YES.

For example, in certain countries, drink-driving may result in simply a fine, but you must include this as a conviction in your application. The most important thing to understand about this subject is that even if you haven’t been legally charged with a crime in your nation, you may be considered to have been charged with a criminal offence if you have a DUI (Driving Under the Influence of Drugs or Alcohol) on your record.

Step 2

We also see applicants give inaccurate information when asked if they or their family members have been denied admission to or ordered to leave Canada or another country. To answer this question, you must first define “refused admission to” and “ordered to leave”. Being refused admission to a country means being denied entry before entering, while being ordered to leave means leaving after entering.

Rejected applications can happen for many reasons and do not predispose another to rejection. Due to a past denial not being disclosed, an officer may deny your present application. However, orders to leave may imply more significant issues like visa overstays or breaching national laws. These events are taken more seriously and can affect your character and immigration status. However, immigration agents need such instances to properly evaluate your application, thus they must be disclosed.

In New Zealand, being ‘out of status’ or ‘unlawful’ for more than 42 days automatically classifies you as ‘ordered to go,’ even if you leave voluntarily.

Finally, if you have travelled outside your country of citizenship or residency, double-check your arrival and exit dates to make sure none of the above apply to you. We advise being extra cautious and checking the immigration processes of countries you’ve visited and overstayed in.

Step 3

Some candidates find it difficult to answer whether they or their family members have been arrested, incarcerated, or jailed. Those who were held and released, especially if proved innocent, may say ‘No,’ feeling their release diminishes the experience. However, you must answer ‘Yes’ and explain the circumstances in your application.

The impulse to say ‘No’ based on release or innocence violates honesty. Transparency about every law enforcement encounter, even if it did not result in charges or a not guilty verdict, is essential to fulfill requirements and avoid misinterpretations that could compromise your application.

A True Story of Misrepresentation in Canadian Immigration

People tend to ignore their journey history while filling out applications. A slippery slope. A deceptive investor was refused Canadian permanent residency.

The 33-year-old Bangladeshi seeking investor class permanent residence was charged with inadmissibility for omitting and distorting his education, domicile, and occupation. The Immigration Program Manager of Singapore was sued for his May 28, 2010 ruling.

Haque didn’t include his year-long US stay and studies in his March 2010 application. He lied about his address, education, and job.

Haque’s consultant told the Immigration Section of the High Commission of Canada in Singapore that omissions were made since a quick US visit did not require declaration. A Visa Officer called Haque on May 26, 2010, and Haque refuted this explanation, stating he gave his consultant all the information, who made the mistake. Under Immigration and Refugee Protection Act paragraph 40(1)(a), the Visa Officer’s inadmissibility judgment was reasonable.

Haque concealed three semesters of US schooling (November 1997–December 1998), according to the case study. According to the Field Operational Support System (FOSS), Haque has visited Canada in the US. The court confirmed the inadmissibility finding notwithstanding the applicants’ assertions of accidental misrepresentations and consultant errors.

Haque’s inability to reveal his year-long US studies, home address variations, and job experience harmed his eligibility, the court said. Haque claimed he fixed the misrepresentations, but the court noted that the errors were only discovered after his Temporary Resident Visa applications were compared to his permanent residency application.

The verdict underlined the importance of precise and complete application information and the risks of omission or deception during immigration. The court dismissed Haque’s attempt to blame his consultant, emphasizing his personal responsibility as the applicant who signed the application. Finally, the application failed.

Conclusion

To summarize, understanding and adhering to these essential concepts can greatly increase the likelihood of a successful application. This is especially important for corporate immigration petitions, which are inherently complex and require large financial inputs. Minor errors, such failing to report a previous visitor visa denial, might risk the entire application process.

Remember that deception is more than just a legal issue; it can have long-term ramifications for your immigration goals. You can empower yourself to make an accurate and credible case to IRCC by avoiding frequent mistakes, getting professional help, remaining informed about policy changes, double-checking information before submission, and dealing with problems transparently.

Remember that claiming ignorance of the law or misunderstanding legal terminology is rarely regarded as a valid defence. Being meticulous is the foundation of a good application.

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