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What is Misrepresentation? Canada Immigration Lawyer Evelyn Ackah Explains

Blog posted on by Evelyn Ackah in Immigration and Immigration Law

What is Misrepresentation? Canada Immigration Lawyer Evelyn Ackah Explains

Navigating the immigration process to Canada can be complex and challenging. One of the most serious issues that applicants may face is misrepresentation. Canada takes misrepresentation very seriously, as it undermines the integrity of its immigration system. Understanding what constitutes misrepresentation, its consequences, and how to avoid it is crucial for anyone applying to immigrate to or remain in Canada.

What is Misrepresentation?

Misrepresentation occurs when an individual provides false, misleading, or incomplete information to Immigration, Refugees and Citizenship Canada (IRCC) or the Canada Border Services Agency (CBSA). This can happen intentionally or unintentionally during the application process for visas, permanent residency, citizenship, or other immigration programs.

Misrepresentation can take many forms, including:

  • Lying about qualifications: Providing false employment or educational history.
  • Omitting key details: Failing to disclose previous visa refusals, criminal convictions, or family members.
  • Submitting fraudulent documents: Presenting fake bank statements, certificates, or language test results.
  • Misleading intent: Misrepresenting the purpose of your visit to Canada, such as claiming to be a tourist when intending to work without authorization.

Regardless of intent, misrepresentation is a serious offence under Canada’s Immigration and Refugee Protection Act (IRPA), Section 40.

Types of Misrepresentation

Misrepresentation can be broadly categorized into two types:

  1. Intentional Misrepresentation: This involves knowingly providing false information or concealing important facts. For example, an applicant might submit altered documentation to meet the eligibility requirements of a programs.
  2. Unintentional Misrepresentation: Even honest mistakes, such as accidentally omitting a past refusal of entry to another country, can be considered misrepresentation. The Canadian government holds applicants responsible for ensuring the accuracy and completeness of their applications (source).

Consequences of Misrepresentation

The consequences of misrepresentation are severe and far-reaching. They include:

  1. Inadmissibility for Five Years: An individual found to have misrepresented themselves can be deemed inadmissible to Canada for five years. This means they will not be allowed to enter, study, work, or apply for permanent residency during this period (IRPA Section 40).
  2. Application Refusals: A history of misrepresentation can lead to the refusal of current and future applications, even after the five-year inadmissibility period.
  3. Removal Orders: If misrepresentation is discovered after a person has entered Canada, they may be issued a removal order, requiring them to leave the country.
  4. Loss of Permanent Residency or Citizenship: Misrepresentation can result in the revocation of permanent residency status or citizenship if it is discovered that these were obtained through false information.
  5. Criminal Charges: In extreme cases, individuals may face criminal charges for fraud or other offences related to misrepresentation.

Examples of Misrepresentation

Misrepresentation can occur in various situations, including:

  • Providing false financial information to meet sponsorship requirements.
  • Claiming work experience that the applicant does not possess.
  • Misstating family relationships, such as failing to disclose a dependent.
  • Submitting doctored language test scores or certificates.
  • Withholding information about a medical condition or criminal record.

Even small mistakes, such as a typo in an application, can lead to misrepresentation claims if they mislead IRCC or CBSA in any way.

How to Avoid Misrepresentation

The best way to avoid misrepresentation is to ensure that all information and documentation provided to Canadian immigration authorities is accurate, truthful, and complete. Here are some tips:

  1. Be Honest and Transparent: Always provide full and accurate details about your personal history, including any previous visa refusals, criminal records, or other relevant information.
  2. Double-Check Your Application: Carefully review all forms and supporting documents before submitting them to IRCC.
  3. Seek Professional Guidance: Immigration laws and requirements can be complex. Working with a qualified immigration lawyer, like the team at Ackah Business Immigration Law, can help you navigate the process, ensure accuracy, and reduce the risk of mistakes.
  4. Keep Records: Maintain copies of all documents submitted as part of your application, as well as any correspondence with IRCC.
  5. Act in Good Faith: Ensure that your intentions align with the type of application you are submitting. For example, if you are applying for a tourist visa, do not work or study in Canada without proper authorization.

How Ackah Law Can Help You Avoid Misrepresentation

Misrepresentation is a serious matter with potentially life-altering consequences. If you are concerned about your immigration application or want to ensure that you meet all requirements, Ackah Business Immigration Law can help. Our experienced team of legal professionals understand the complexities of Canadian immigration law and can guide you through the process to avoid potential pitfalls.

We specialise in helping individuals, families, and businesses navigate Canadian immigration with integrity and precision. Our firm is dedicated to providing comprehensive legal services tailored to your specific needs, whether you are applying for a work permit, permanent residency, or other immigration pathways.

Contact Ackah Law Today

If you have questions about misrepresentation or need assistance with your immigration application, contact Ackah Business Immigration Law for a Legal Strategy Session. Our team is committed to providing expert legal guidance to help you achieve your immigration goals.


Evelyn L. Ackah, BA, LL.B.

Founder/Managing Lawyer

Ms. Ackah is passionate about immigration law because it focuses on people and relationships, which are at the core of her personal values. Starting her legal career as a corporate/commercial ...

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It is one thing to earn a living; it is another thing to make a difference in the world.

This is our formal thank you note to Evelyn Ackah and the Ackah Law Team for all the effort they put into helping us navigate and finally resolve the hurdle that was Canadian Immigration back in the spring of 2012.

A friend referred us to Evelyn; he assured us that Evelyn would take good care of us. Our friend was confident we were in good hands and said Evelyn would do her very best to help us and she did! At the time we did not know that his referral would go far beyond finding us help. Slowly we realized that it would become our own personal story of how we received grace and were reminded of the power in paying it forward

We wrote a detailed page of our dilemma, explaining how we came to be in the position we were in (overwhelmed with the hurdle that was Canadian Immigration and the uncertainty that we faced as a young family in Calgary). Evelyn agreed to take on our file with her team. They found the time to personally call us and listened intently and understood the details of what we were dealing with. They gave us their time, an honest opinion and provided clear direction which proved to be invaluable advice. Months went by but in time, we received word from Ackah Law that the Immigration office had finally reviewed our file and a decision had been made allowing our family to finally put the immigration matter to rest. We were finally able to focus again to live our lives without fear or pending doom.

Looking back now, even the sun appeared to shine a little brighter that day. At first we didn’t know whether to bake them a cake, drive out to meet their team, find their offices and personally thank them with a mighty hug or simply cry out to the heavens in thankful relief. Instead we emailed them to express our heartfelt thank-you and we hoped that they would know deep in their hearts just how grateful we were for all of their help.

Even though we relied on emails and phone conversations to communicate with them that year, we will always remember their constant professionalism, their kindness and understanding at a time that brought us so much pain not to mention fear. As if all their hard work wasn’t enough, Evelyn then then casually mentions that all their work was done pro-bono! We were thoroughly humbled!

To this day we are still eager to share how wonderful they all are as human beings but even more than that, we continue to pay it forward in honour of them, their service to us and their continued dedication in helping others.

Eternally thankful

– The Brummunds

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