Immigration Corner | Misrepresentation can lead to a ban from Canada

Dear Miss Powell,

I have a grave concern. I applied for permanent residence under the Express Entry system. I received an invitation and was finalising my application, asking my husband for information. That’s when he told me that he had been banned from Canada for misrepresentation just before we got married. This is the first I’m hearing this. I know he applied and didn’t get the visa, but I didn’t know he was banned! Does that mean that this will affect my application for permanent residence? He said he didn’t realise it would have any effect on my application and that I should just leave him off, as he doesn’t want to jeopardise my application. Miss Powell, I didn’t know anything about this, and I was shocked when he told me. I’m running out of time to submit my application, and so I don’t know what to do. Help please. AA

Dear AA,

You are indeed facing a critical dilemma and with the time constraints, I recommend that you consult immediately with a Canadian immigration lawyer. I will outline some information here to assist you with your discussions with your lawyer. The critical thing to note is that you should not make the situation worse by just ‘leaving off’ your husband.

Misrepresentation can be an intentional act or made by mistake. The issue is that information has been produced to the Canadian government, which was untrue, misleading, or incomplete and as a result, such information could cause an error in the applicable law and outcome of a case.This means that even if an individual did not mean to give untrue or incomplete information, the fact that it was produced means that the outcome of the case has been compromised.

Consequences of misrepresentation

If someone lies on the application form, or in an interview with an officer, this is also a fraud, and a criminal offence. You did not state the nature of your husband’s misrepresentation, but you should know that this offence would include document fraud, such as presenting false or altered documents, including passports and travel documents, visas, degrees, diplomas, letters from banking institutions, birth certificates, marriage or divorce certificates, police reports, and so on.

If an individual omits information or lies about your relationship, or the number of children you have, then this is also considered as misrepresentation, which can also have serious impact on any future application to Canada. An individual’s misrepresentation could also affect relatives. If an individual is in Canada and he submits a fraudulent document, or information, then that person can be charged with a criminal offence and can even face removal from Canada, and not be permitted to return.

Misrepresentation has serious consequences. Apart from rejection of your application, IRCC may ban an individual from entering Canada for at least five years. This means that the individual is deemed inadmissible to Canada, and before he can reapply, he will need to do an authorisation to return to Canada application.

If an individual is in Canada and he submits a fraudulent document or provides false information, then that person can be changed with a criminal offence and can even face removal from Canada, and the revocation of permanent residence or citizenship.

Anyone who commits such an offence will now have a permanent record of having committed a fraud; and any future application will be subject to scrutiny and simply rejected.

If a spouse wishes to apply for temporary residence, such as study permits, work permit or visitor’s visa, the application is generally not affected if you are truthful from the outset, and provide your explanations so that your application may not be affected by your spouse’s inadmissibility.

You did not state whether you are already in Canada and applying from inside. However, based on the rules, since you are applying for permanent residence, your application will inevitably be affected by your spouse’s inadmissibility, even if your spouse indicates that he will not be seeking permanent residence for himself. The inadmissibility of a non-accompanying spouse will still affect your application.

HOW TO OVERCOME INADMISSIBILITY

I recommend that you contact a Canadian immigration lawyer to assist you with preparing a letter to submit with your application for permanent residence, as it is important to provide detailed explanation upfront.

When you contact the immigration lawyer, be prepared to explain everything. You will be required to provide answers to the following questions:

1. What were the circumstances that led to the misrepresentation?

2. Was this done wilfully or by mistake?

3. When exactly did it happen?

4. Have there been further problems with immigration officials since then? USA? UK?

5. Have you or your spouse ever been denied a visa from any other country? If so, why?

6. Have you or your spouse received any other visa? If so, which ones and date of receiving them?

7. What are your connections to Canada? Relatives? Assets? If you are in Canada, what is your status? How well established are you in Canada? How long have you lived here? Do you have assets here? Have you held jobs here? Do you have ties in the community?

8. Will you suffer hardship in your home country if you are removed from Canada?

9. How will your removal affect family members in Canada, including any children in your care?

10. How much support do you have in Canada from family and others in your community?

11. Are there any other unique or special circumstances to be considered?

Sometimes before an application is denied, individuals may receive a procedural fairness letter. In this letter, IRCC will outline to you their findings, explain the law or regulation, and give you an opportunity to respond. You must do so within the time required, usually within 90 days. This will be your opportunity to further explain your position and provide any additional information to persuade them to approve your case.

You may include arguments based on humanitarian and compassionate grounds, provided that the misrepresentation was not one involving terrorism, organised crime, and human-rights violations. If your application is rejected, you may still have an opportunity to apply for judicial review, if you file your application within 60 days of receiving the rejection letter.

Deidre S. Powell is a lawyer, mediator, and notary public in Canada. Connect with her via Facebook or Instagram. You may request a Zoom/ telephone consultation via WhatsApp/ Tel: 613-695-8777