Steer clear of typical immigration application errors that could result in false representation. Discover common mistakes, potential legal repercussions, and advice for appropriate filings.

Accuracy and thoroughness are necessary while applying for immigration. Under Canadian law, errors—even inadvertent ones—may be construed as misrepresentations, which could endanger an applicant’s immigration status. Here, we look at typical mistakes that can result in misrepresentation, the repercussions of making such a mistake, and how to fix any faults in your application.

Understanding Misrepresentation

What is Misrepresentation?

When an applicant gives false, deceptive, or insufficient information, it is considered misrepresentation and may affect how immigration regulations are applied. Information submitted by the applicant or by a representative, like a sponsor in family immigration petitions, may cause this. Under Canadian law, even inadvertent mistakes or omissions are considered seriously and may have repercussions.

Consequences of Misrepresentation

The Immigration and Refugee Protection Act’s (IRPA) section 40 states that deception can lead to:

1. Denial of application

2. Penalties or legal actions

3. A five-year prohibition on submitting an immigration application to Canada

4. Current residents may be deported or have their Canadian citizenship revoked.

Common Mistakes Leading to Innocent Misrepresentation

– Omitting Past Marriages

Not disclosing prior marriages can lead to deception, even if they don’t seem relevant. For example, if a candidate is sponsoring a partner, they must disclose all prior marriages since this may affect their eligibility.

– Not Disclosing Past Criminal Offenses

All criminal offenses, regardless of how minor or where they occurred, must be reported. Failure to disclose any past crime, even if long ago, can result in a misrepresentation charge.

– Failure to Report Visa Refusals

Any prior denial of a visa, whether for Canada or another nation, needs to be revealed. This covers all visa categories, including work, study, temporary, and permanent residency. Ignoring this information may raise suspicions and result in the rejection of your application.

– Not Reporting Military Service or Political Activity

Complete disclosure about prior political associations or military service is required by immigration officials. Complete disclosure on these subjects is necessary to prevent misrepresentation, even if they are delicate.

– Providing Approximate or Estimated Information

Making assumptions about dates, job titles, or other important information can lead to inconsistencies in your application and raise concerns. It is preferable to express doubt rather than run the risk of giving false information if specifics are unknown.

What to Do If You’ve Made a Mistake

Contact IRCC Promptly

Immediately contact Immigration, Refugees, and Citizenship Canada (IRCC) if you find any errors or omissions in your application. Correcting the error voluntarily could be seen more favourably than if it is discovered during the application review process.

Responding to a Procedural Fairness Letter (PFL)

You have the chance to correct any errors if you get a Procedural Fairness Letter. Any misrepresentation worries can be allayed with a concise, comprehensive response, ideally accompanied by supporting documentation.

Seeking Professional Guidance

Many applicants choose to work with an immigration lawyer to make sure their applications are correct, comprehensive, and clear due to the complexity of immigration law. A legal expert can help with response preparation and handling any possible IRCC problems.

Applicants can achieve a more seamless immigration process and steer clear of frequent errors that could result in misrepresentation by being proactive, transparent, and diligent.