A finding of misrepresentation comes with a five-year ban of applying to come to Canada—read about the options when a misrepresentation determination has been made.
This press release was orginally distributed by ReleaseWire
Vancouver, BC -- (ReleaseWire) -- 09/14/2023 -- The Vancouver immigration lawyers at Sas and Ing understand one of the most harsh and negative provisions in Canadian immigration law is a misrepresentation determination. The finding comes with a five-year application ban. However, there are still options when a misrepresentation determination has been made. For more, go to https://canadian-visa-lawyer.com/5809-2/
Misrepresentation is an incredibly broad legal provision that covers things most people aren't aware of (but probably should be). S. 40 of the Immigration and Refugee Protection Act (IRPA) defines what constitutes misrepresentation.
s. 40(1)(a), a foreign national or permanent resident is inadmissible for directly or indirectly misrepresenting or withholding material facts relating to a relevant matter that induces or could induce an error in the administration of this Act.
The penalty for misrepresentation is set out in subsection 2:
s.40(2) The following provisions govern subsection (1):
(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 that the removal order is enforced;…
Essentially, for anyone outside of Canada, the five-year period commences from the time of the decision, whereas for people In Canada, the ban starts after leaving the country.
SEEKING JUDICIAL REVIEW IN FEDERAL COURT
As in all immigration decisions, one option is to challenge the finding. This is not easy and is generally very expensive. A Judicial Review application can only be filed by a lawyer (or a self-represented applicant, which is not recommended). This requires extensive written submissions and Court arguments if the case is granted leave. Chances of success are low. The law is broad—misrepresentation can be direct or indirect–it does not require intent. If there is information relevant to the application that was not disclosed, the finding will be valid. Legal action is not always the best course of action. (For a more detailed explanation of Federal Court Judicial Review applications, please see "When your immigration application is refused: Options for dealing with a refusal" and "Challenging a Refusal of an Immigration Application: Appeal, Judicial Review or Apply Again?").
APPLYING FOR AN AUTHORIZATION TO RETURN TO CANADA (ARC) AND A TEMPORARY RESIDENT PERMIT (TRP)
The best solution to overcome inadmissibility due to misrepresentation findings is to apply for an Authorization to Return to Canada (ARC) AND a Temporary Resident Permit (TRP), which is a permit to overcome inadmissibility. However, a misrepresentation finding essentially determines that an applicant did not tell the truth. Being dishonest in the immigration process is a severe offence. Regaining a visa officer's trust is not easy. While an ARC/ TRP application is an option, it should not be used immediately and will depend upon case circumstances. Always remember, "Honesty is the Best Policy."
WAIT IT OUT!
While this is usually the least favourite option, it is often the best. As mentioned above, applicants must demonstrate they will be truthful in future immigration applications. Rebuilding trust takes time. While five years is a long time, it is not forever. Use this time to be productive and build desirability as an immigration candidate.
A misrepresentation finding, or any inadmissibility finding, is not only applicable to the person concerned but to all family members in a permanent residence application (not the same for a temporary application such as a work or study permit). If the end goal is permanent residence in Canada for family members—all of them need to be admissible.
Any experience in Canada, such as obtaining education or work experience, remains valid. Focus on what can be done during the five years to enhance the ability to apply for permanent residence in the future. Obtain further education in an English or French-speaking country to maintain language skills. Gain additional high-skilled work experience to increase point scores in the Express Entry program. Demonstrate a commitment to self-improvement and dedication to becoming a Canadian permanent resident.
A misrepresentation finding is a setback—not fatal. Think of the Canadian sport of hockey – it's like being in a penalty box, but not a permanent ban from the game. Use this time wisely.
To learn more about immigrating to Canada, contact the Vancouver immigration lawyers at Sas and Ing at 1-604-689-5444.
About Sas and Ing Immigration Law Centre
Sas and Ing Immigration Law Centre has over 30 years of continued in-depth and comprehensive expertise in most aspects of Canadian Immigration practice. Sas and Ing have facilitated applications to Citizenship and Immigration Canada (CIC), Service Canada and Canada Border Services Agency. Catherine & Victor work closely with other lawyers specializing in Business, Employment, Tax, and Real Estate to provide comprehensive legal advice to companies and individuals as they navigate the regulatory requirements necessary for temporary or permanent establishment in Canada.
For additional information, please visit canadian-visa-lawyer.com or call (604) 689-5444
Sas and Ing Immigration Law Centre
Company website: canadian-visa-lawyer.com
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