Common Misrepresentation When Filing Temporary Resident Applications
The IRCC takes misrepresentation offenses very seriously. If an individual is charged with misrepresentation, their application could be refused or status revoked. In fact, misrepresentation could make you inadmissible to Canada. This means that, when making an application, you need to be very careful and avoid misrepresentation charges. If you have already been charged with misrepresentation, get help from a reliable immigration appeals lawyer Canada to appeal the case.
What is misrepresentation?
There are a number of instances where the immigration officer can charge an applicant with misrepresentation. For instance, if the applicant provides false documents to the IRCC, lies or withholds information (whether intentionally or unknowingly), it could be considered as misrepresentation. An applicant can hide information that could render them inadmissible such as a medical condition or criminal record. Other common cases include applicants who use false travel documents or altered educational certificates.
What to expect after being charged with misrepresentation
If you were applying for permanent residence, your application will be rejected. You may also face other consequences such as a ban of 5 years which means that you cannot enter Canada for this period. In fact, the IRCC can keep a record of fraud in their systems so it gets very hard for you to receive any travel documents elsewhere. In very serious cases, your permanent residence or citizenship is revoked and you are removed from Canada.
This is why partnering with an immigration lawyer Canada from the very beginning when you start the application process is very important. Your lawyer will advise you against withholding information and ways to avoid risking misrepresentation. Getting a representative in the form of an immigration lawyer during the application process ensures your application has correct, current and complete information that is supported by genuine documentation in order to avoid being charged with misrepresentation.
What next after an allegation of misrepresentation?
It is possible for an applicant to be accused of misrepresentation simply when certain questions were misunderstood and it appears like he/she made a conscious decision not to disclose certain information. If the IRCC raises questions and alleges misrepresentation, it is important to talk to an immigration lawyer immediately. The lawyer will assess your case and determine if certain considerations can be raised in your defense. The immigration appeals lawyer Canada can help you challenge the decision at Immigration Division, Refugee Protection Division, Refugee Appeal Division, Immigration Appeal Division and/or the Federal Court of Canada.
The immigration appeals lawyer can apply an innocent error exception or materiality as a defense when challenging the case. The innocent error exception is valid if it can be proven that the applicant failed to include certain information simply because they did not properly understand the question that was being asked. Sometimes the questions and phrases in the immigration documents can be arranged in such a way that is not very clear to applicants. However, this doesn’t mean that applicants shouldn’t be accurate when filling out the applications. Get the help of an immigration lawyer to ensure you maintain accuracy when applying for permanent residence in Canada.
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