Blog Posting - Misrepresentation - 5 Year Ban

Misrepresentation is a serious issue in Canadian immigration law and the consequences are going to become much more severe in the coming months. Misrepresentation does not only encompass the act of "telling a lie", but rather can occur by mistake or where an individual fails to advise immigration of a material fact even where a question is not directly asked. A material fact is any fact which could cause the maladministration of Canadian immigration laws. For example, if an individual has a serious criminal conviction, and they fail to disclose this conviction on entry to Canada (whether they are asked about the conviction or not), this would constitute a misrepresentation as the individual would have been considered inadmissible to Canada (and likely barred entry) if the conviction were disclosed. Instead, having failed to report the material fact they were allowed entry when they should not have been (maladministration).

The most common misrepresentations are related to the existence or age of children as well as the existence of spouses or common-law partners. Usually these misrepresentations are of marginal materiality and render no benefit to a would be immigrant, but cause untold damage to their ability to sponsor the undisclosed family member at a later date.

Do not misrepresent even if advised to by an unscrupulous consultant or a friend trying to be helpful. Previously, the consequences for misrepresentation were that an individual would be barred from entering Canada for 2 years. We expect in the coming months, through operation of law the consequences will be a five year ban from entering Canada as well as a five year ban from applying for permanent residence. Ensure you are honest and forthright in your dealings with immigration and do not take advice to the contrary. You risk your future in Canada by misrepresenting.

Ram Sankaran
Associate