Did your Canada Visa get rejected on grounds of misrepresentation?

Did your Canada Visa get rejected on grounds of misrepresentation?

Everyone is flocking to Canada intending to be successful leaders in their own life. And why not the country is the promised land of the immigrants. A haven that promises riches beyond measures.

But a question arises here, to what extent is one willing to go to make this dream reality? And here is where people tend to blur all lines? However, chasing a dream is not a sin. But to do the same adopting methods that are catastrophic for you is unnecessary and an attempt of a half-wit.

All over the globe people are aware of immigration crimes and fraud. Yet a nudge in the darkness coaxes them to alter their visa application and or documents.

Here, people need to take into account how serious of a crime ‘misrepresentation’ is under the Canadian legal system? Now, before we dive into the same, what does this representation mean? And why is it such a hullabaloo?

Did your Canada visa get rejected on grounds of misrepresentation? Here is why!

Now, in terms of immigration, it means that when you submit your visa application and supporting documents you are guilty of the following:

As a permanent resident or a foreign national:

  • Directly or indirect misrepresentation or holding of material facts can result in a wrong but favourable decision regarding your visa application.
    • Altering documents or forging them.
    • Not declaring past visa refusals.
    • Not declaring family members’ information that may be available on past applications.
    • Lying and not sharing past criminal charges or convictions.
  • Have a sponsor or are sponsoring but the sponsor does not qualify to apply.
  • Have a pending decision on the status of your refugee claim or refugee protection.
  • Are no more a citizen of Canada.

Misrepresentation grounds of the ban on applying to Canada

The Immigration Refugee and Protection Act (IRPA) safeguards the interests of both foreign applicants and permanent residents. As a result, it is very strict towards immigration matters.

IRPA’s section 40
shares, a foreign national or a permanent resident will be liable for a ban of 5 years from reapplying to Canada on the grounds of being guilty of misrepresentation. This also leads to the rejection of visa applications.

However, if you are misrepresenting as pr holder then IRCC will immediately revoke your PR status. Thus, making you a foreign national in the eyes of the Canadian immigration department.

Besides, if you are guilty of misrepresenting from inside Canada then you will get a removal order. And will get a ban from reapplying for 60 days.

Serious punishments you can get for misrepresentation:

In addition, to the above below are the sub0sections you must keep in mind before committing such a crime:

IRPA section 127

Any person guilty of misrepresentation which refers to:

  • Holding documents or forging/editing them.
  • Not answering questions truthfully or not confirming information.
  • Are inadmissible on medical or criminal grounds.
  • Have a pending decision on a visa application – refugee claim or protection.
  • Have past visa refusal cases.
  • Get a ban or have a removal order. And cannot submit a visa application, etc.

Besides, under IRPA section 126, people who help an applicant misrepresent too are guilty. 

So, Did your Canada visa get rejected on grounds of misrepresentation? Here are what charges you can face?

Section 128 shares that if you are guilty of misrepresentation under sections 126 and 127 then the following may apply to you:

  • Either imprisonment of up to 5 years, or fine of up to $100,000, or
  • Both will be levied upon the guilty party. OR
  • On conviction – either a fine of up to $50,000 or imprisonment of up to 2 years or both.

In addition to the above clause the official government site shares the following update on legal actions against offenders:

  • Visa application refusal, and
  • Ban from entering Canada for 5 years.
  • Give a record of fraud.
  • Removal of status as a Canadian permanent resident or citizen.
  • Get a criminal charge or
  • will get a removal order.

CICC licensed Canada immigration lawyer – Right pathway to Canada PR and case appeal.

However, if by chance the question, “did your Canada visa get rejected on grounds of misrepresentation?” comes, all is not lost. All you need is a CICC licensed Canada immigration lawyer.

Why hire a Canada regulated immigration consultant? Read more HERE!

Besides, keep in mind that IRCC does not make an immediate judgement in such matters. If you are guilty of misrepresentation you will be informed in advance of the same before a final decision on your visa application is made.

Did your Canada visa get rejected on grounds of misrepresentation? If yes, then before this decision you must have received a ‘Procedural Fairness Letter‘. This letter has all the questions regarding your misrepresentation case which you must carefully answer. Also, you can not take this lightly as a final decision will be based on this. Besides, you will have 15 days to answer such queries.

Whether you are guilty of misrepresentation or have the ‘letter’, no issues at all. Make use of the in-depth knowledge and experience of a licensed Canadian immigration lawyer.

On top of that, Canada aspirants should avoid such attempts. Because such attempts are not worth the high risks that come with them.

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