Answer it right or you may be banned for 5 years

Knowingly or unknowingly, call it an administrative error or misunderstanding, if your answer it incorrectly – you are facing consequences of “Misrepresentation” and your application will be refused and they may also:

• forbid you from entering Canada for at least 5 years;
• give you a permanent record of fraud with immigration;
• take away your status as a permanent resident or Canadian citizen;
• have you charged with a crime; or
• remove you from Canada.

Under Immigration and Refugee Protection Act (IRPA) Section 40 (2) (A) “the permanent resident or the foreign national continues to be inadmissible for misrepresentation for a period of five years following, in the case of a determination outside Canada, a final determination of inadmissibility under subsection (1) or, in the case of a determination in Canada, the date the removal order is enforced;”. Furthermore, under IRPA Section 40 (3) “A foreign national who is inadmissible under this section may not apply for permanent resident status during the period referred to in paragraph (2)(a)”.

I witness many cases every year that are facing misrepresentation allegations because they legitimately misunderstood a question on a temporary resident or permanent resident application form.  Nonetheless, innocent mistakes are also considered an act of fraud. 

Now that we understand that the penalty for a finding of misrepresentation is grave and could lead severely unpredicted life for yourself as well as your family. Immigration, Refugees and Citizenship Canada (IRCC) maintains its stand, of the questions being clear to its meaning and interpretation. But are they really that clear?

So, what are those questions that one should be clearly answering in the Immigration forms?

Q1 “Have you ever been refused a visa or permit, denied entry or ordered to leave Canada or any other country or territory?  

So many clients miss the portion regarding “any other country or territory”? Instead of multiple questions in one, the questions should be divided and set out in plain language.  

Perhaps they should form 2 separate questions i.e. for Canada and all other countries except Canada. This includes USA. Hence, Mark “YES” if so is the case and mention the details if your application to USA or any other country was refused or entry denied or ordered to leave that country in the past.

The question that your application appears weak is out for an expert opinion. Instead, it is definitely going towards a bigger negative outcome, if not mentioned the facts. 

Q2 “been refused refugee status, an immigrant or permanent resident visa (including a Certificat de selection du Quebec (CSQ) or application to the Provincial Nominee Program) or visitor or temporary resident visa, to Canada or any other country or territory? 

When an applicant, who may have had applied for a visitor, study or work permit and now, applies for permanent residence, the forms can become even more confusing.  The permanent resident application form – IMM 5669 (06-2019) E the question at Box 6 (d) reads,

This question introduces refugee matters as well and makes reference only to visas and not permits.  An applicant that was refused a study or work permit may interpret Question 6(d) as not applying to them as there is no mention of the word “permit” only visa.  The terms study and work visas are not commonly used. 

To me, it reads more like a trap.  You may break the question into multiple small one to be current in your answer.  

1. Have you ever made a refugee claim in Canada?
2. Have you ever been refused refugee status in Canada?
3. Have you ever withdrawn or abandoned your refugee claim in Canada?
4. Have you ever made a refugee anywhere in the world?
5. Have you ever been refused refugee status anywhere in the world?
6. Have you ever withdrawn or abandoned your refugee claim anywhere in the world?
7. Have you ever made an application for permanent residence in Canada for an immigrant or permanent resident visa (including a Certificat de selection du Quebec (CSQ or application to the Provincial Nominee Program) and been refused?
8. Have you ever you ever made an application for permanent residence anywhere else in the world and been refused?
9. Have you ever applied to Canada for any type of temporary residence visa or permit (visit, study, work) and been refused?
10. Have you ever applied to anywhere in the world for any type of temporary residence visa or permit (visit, study, work) and been refused?

Although the law requires a misrepresentation finding be made only when evidence is clear and convincing, the questions on forms are deemed beyond dispute.  In other words, the questions are clear and concise and applicants should have no difficulty answering them accurately. Although in practice, this is simply not the case.  

The key learnings to share from this article is to pay attention to the details for each word in the application that you are signing and provide as much information to the Immigration department, as possible. Many of the times, it may not be comfortable for you to disclose all the information, but remember the consequences are significant. If found guilty, you may never be able to live your dream to enter Canada.