In basic terms, Misrepresentation constitutes immigration fraud, which can lead to inadmissibility to Canada for a period of 5 years. It could even cause loss of PR status, if discovered after you have become a permanent resident. Unlike most other types of direct immigration fraud, misrepresentation can be tricky and it is very important to be aware of it when applying for immigration to Canada.
Examples of misrepresentation include submission of fake or invalid documents, declaration of false credentials such as university degree or work experience you do not have, or failure to declare a family member. However, misrepresentation can also involve less obvious mistakes, often unintentionally committed. For example, if you do not declare that you have been refused entry to or a visa to travel to another country in the past, this could lead to a five year ban from Canada. Likewise, a failure to declare past criminal charges, however old or immaterial they may seem, could lead to a finding of misrepresentation. Effectively, Section 40(1)(a) of the Immigration and Refugee Protection Act states that “directly or indirectly misrepresenting or withholding material facts relating to a relevant matter” could be considered misrepresentation.
When you are providing documents and forms to Immigration Canada make sure that you have provided accurate information, and make sure that you have checked and doublechecked every document you are signing. If there is a matter about which you are not certain, address that in your submission to Immigration Canada. If unsure what constitutes a material fact, or how to address an issue that could come up in your application, consult an immigration lawyer. We are here to help you determine what is a material issue or relevant matter to your application.