Misrepresentation
Misrepresentation/Procedural Fairness Letter
Providing false information or documents to IRCC is knows as misrepresentation. Common examples of misrepresentations are:
Answering questions falsely on visa application forms.
Submitting false or altered documents such as degrees, experience letters, marriage certificates, birth certificates, police certificates, bank statements
Failure to disclose a family member on an application
Declare employment experience that is not true
Enter into a false marriage to facilitate status in Canada
Note that to be considered misrepresentation the act must have induced an error and be relevant to the immigration officer’s evaluation of an application. An error such as reversing the date and month of birth on an application would normally not be considered misrepresentation.
Procedural Fairness
If a visa officer suspects misrepresentation on a visa application he or she must give the applicant an opportunity to respond to the allegation of misrepresentation and provide information to satisfy the visa officers concerns or doubts. Usually, when misrepresentation arises a Procedural Fairness Letter (PFL) is letter sent from IRCC to the applicant to give them an opportunity to provide an explanation or additional information before a final decision is made on their case. If the application is for a Permanent Resident Visa (PRV) the visa officer may instead request an interview with the individual and his or her family. The purpose of the PFL or interview is to give the applicant a fair chance to explain the questions or doubts the visa officer has about the application.
Consequences of a misrepresentation finding
The ramifications of a misrepresentation finding are immense. The main applicant and his or her spouse and children are found inadmissible to Canada and all family members are refused a visa to Canada. The person who is found to have misrepresented is banned from entering Canada for a 5 year period. Finally, the misrepresentation becomes part of the individuals visa and travel history and is on record when the person applies for a visa to other countries with whom Canada shares information with (United States).
What happens if I didn’t misrepresent?
Everyone makes mistakes including visa officers. If you didn’t misrepresent then it is extremely important you properly respond to the PFL within the allotted timeframe or attend the interview well prepared to answer the questions you will receive regarding this matter. If you do this and have facts and or evidence to support your argument then this problem can usually be overcome at this stage.
How can a Regulated Canadian Immigration Consultant (RCIC) help?
Examine the PFL: An RCIC can help identify the main reason for the PFL and assist you in identifying what information and documents are required in order to respond fully to the PFL. A very common mistake individuals make when responding to a PFL is not actually providing the visa officer with the information he or she is requesting.
Interview Preparation: If IRCC has instead requested an interview then an RCIC can help prepare you for the interview and guide you as to what documentation you should bring to the interview to substantiate your argument.
Professional Representation: A finding of misrepresentation has large and important ramifications as outlined above. It is important you retain professional representation so that someone with experience in responding an allegation of misrepresentation can assist you in preparing the response and accompanying documents.
Case Law: An RCIC can research relevant case law that can provide valuable insights into how to respond and if applicable site relevant case law in the PFL response letter.
If you have received a PFL or been requested to attend an interview because IRCC suspects you have represented yourself we strongly recommend you contact us as soon as possible. IRCC has concerns about your application and you usually only have one opportunity to respond before a refusal. We are experienced in assisting clients with misrepresentation matters and may be able to help you too before it is too late. Please contact us and one of our Regulated Canadian Immigration Consultants will revert to you within 48 hours.
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