Misrepresentation Questions and Answers

Questions and Answers for Misrepresentation

In this article, I will address questions and answers for misrepresentation, as there are several different circumstances that can result in misrepresentation. This article is also meant to help you further understand what misrepresentation entails. Misrepresentation is described as a foreign national omitting information or falsifying information or documentation provided to Immigration. Additionally, if any information or documentation submitted to Immigration Canada is inconsistent, inaccurate or incomplete, the Immigration officer has the authorization and discretion to deem fraudulent behavior, and worse, misrepresentation. If you feel as though you would be eligible to appeal a Misrepresentation allegation, I suggest you read our article on “What Misrepresentation Means” before reading this question and answer article. This article is intended to clarify any misunderstanding or confusion with regards to Misrepresentation.

Q: When sponsoring a foreign national, who is responsible if the application is deemed as misrepresentation?

A: This is a very good question and it is very important to know the distinction. Whenever there is a misrepresentation allegation, it unfortunately always falls onto the applicant. Therefore, it would be the foreign national who would be found inadmissible and ultimately deemed as misrepresenting.

Q: If I hired an Immigration lawyer to assist me with my immigration application, does the onus fall on me or the lawyer?

A: As previously mentioned, whenever there is a misrepresentation allegation, it falls upon the applicant. Even if the Immigration lawyer helped you with your immigration application, had complied the documentation for you, and submitting a representative’s submission, at the end of the day all of the information is the applicant’s. Therefore, when providing the Immigration lawyer with all of the required information and documentation, it is very important to analyze and review the information prior to providing it.

Q: If I am a permanent resident of Canada or a Canadian citizen, does that mean that I am exempt from misrepresentation?

A: Unfortunately, no. Anyone that resides in Canada, whether they are a visitor, permanent resident or Canadian citizen, can be deemed as misrepresenting. A permanent resident of Canada or a Canadian citizen can be issued a removal order and removed from Canada. Additionally, they would lose their status in Canada if they are charged with misrepresentation. The ultimate consequence for these individuals would be a ban from Canada for a minimum of five years.

Q: If I am issued an allegation of misrepresentation, am I able to withdraw my application instead?

A: Once Immigration, Refugees and Citizenship Canada (IRCC) review your immigration application and come to the conclusion of issuing an allegation of misrepresentation, unfortunately, you do not have the option of withdrawing your immigration application. As an example, Zhang v. Canada 2015, which was held in the Federal Court, an approach of withdrawing the application should they be found to have misrepresented would create an expectation that applications can simply be withdrawn if false information is found at a later date. Therefore, in conclusion, the Federal Court has decided that this cannot be an option.

Q: Is there a difference between not providing enough information and misrepresentation? I am nervous that I didn’t provide sufficient information in my application.

A: This is an important point to make – yes, there is definitely a distinction between not providing sufficient documentation or information and misrepresentation. An Immigration officer has the discretion to refuse an application on the basis of insufficient information or documentation to prove that the applicant should enter Canada. However, an Immigration officer also has the discretion to analyze and review the application and note if there are any inconsistencies or inaccuracies with the information provided. The latter would cause more challenges for the applicant if they intentionally or unintentionally omitted information or were inconsistent with the information they provided.

Q: Is there a time limit that the Immigration officer can review and analyze my application?

A: Due to the amount of applications that are sent to Immigration Canada on a daily basis, immigration applications do take quite some time to process and for Immigration officers to come to a final decision. With that being said, there is no designated time frame to analyze information or documentation of an immigration application once it has been submitted. Therefore, it is important to provide accurate and complete information the moment you submit your application.

Q: If I forgot what I said during an interview at a port of entry and the officer determined that what I was saying was different from my immigration application; can I be allegedly misrepresenting myself?

A: This can be a possibility. In most cases, if an Immigration officer believes that there may be a discrepancy between what was said at the port of entry compared to the information on the immigration application, then through procedural fairness, the Immigration officer will be required to advise the applicant of a general concern with regards to their information. They may even provide you with the specific sentences or statements in the application that are different than what was said; however, that is entirely in the discretion of the Immigration officer. The Immigration officer is not obligated to specifically state that there is a concern for misrepresentation. They can simply just probe for explanation on the inconsistency in the application.

Contact Akrami & Associates

Should you have any further questions or feel confused or unclear about how to apply for an appeal for misrepresentation, it is important to talk about any questions you may have and discuss your concerns. By talking to immigration professionals about your concerns, this will ease your worries and assist with the application process. Many immigration applications and appeals are difficult to pursue on your own, especially if you are unfamiliar, and it is highly recommended that you seek out professional and experienced help before attempting to apply or appeal. Here, at Akrami & Associates, we work and have experience with many different immigration issues. We have helped many of our clients appeal their allegations of misrepresentation. If you believe that you may be eligible for an appeal for misrepresentation, please feel free to contact Akrami & Associates at our office at 416-477-2545 for more information or if you would like to book a consultation with an immigration professional for more advice.

With Akrami & Associates, there is always a way!