Misrepresentation in Canadian Immigration

Misrepresentation occurs when an applicant provides false, inaccurate, or incomplete information to Immigration, Refugees and Citizenship Canada (IRCC), the Canada Border Services Agency (CBSA), or a provincial immigration program such as the Manitoba Provincial Nominee Program (MPNP).

This does mean lying deliberately. Even failing to disclose relevant details, submitting incomplete information, or relying on documents that later turn out to be inaccurate may count as misrepresentation.

Some examples include:

• Omitting past refusals from other countries.
• Providing false employment letters or altered bank statements.
• Misrepresenting marital status or family members.
• Withholding criminal history, even if it seems minor.
• Submitting fraudulent educational or work experience documents.
• Incorrect information given by an immigration consultant or representative (you are still responsible for it).

Why Do People Get Misrepresentation Allegations?

There are many reasons why applicants face misrepresentation findings, and not all of them involve intentional dishonesty. Common causes include:

1. Incomplete Disclosure – Forgetting to mention prior visa refusals or overstays.
2. Fraudulent Documents – Using fake or altered documents to strengthen an application.
3. Errors from Representatives – Mistakes made by immigration consultants, lawyers, or agents that affect the accuracy of your file.
4. Unclear Answers – Providing vague or inconsistent responses during an interview with IRCC or CBSA.
5. Omissions in Family Information – Not declaring spouses, children, or dependents.

Even if the mistake was accidental, IRCC may still classify it as misrepresentation.

Consequences of Misrepresentation

Misrepresentation is taken very seriously in Canadian immigration law. If found guilty, applicants may face:

• Application Refusal – The current application is immediately refused.
• Five-Year Ban – The applicant is barred from applying for immigration to Canada for 5 years.
• Loss of Status – If already in Canada, your temporary or permanent status can be revoked.
• Removal from Canada – You may be issued a deportation order if misrepresentation is discovered after arrival.
• Future Difficulties – Even after the ban ends, past misrepresentation can affect credibility in future applications.

For example, if someone applies through the MPNP and submits an inaccurate employment letter, not only can the nomination be cancelled, but the applicant may also face a ban from applying under any immigration program for years.

Possible Solutions if You Receive a Misrepresentation Allegation

If you receive a Procedural Fairness Letter (PFL) alleging misrepresentation, you do have an opportunity to respond before a decision is made. Some potential solutions include:

1. Responding to the PFL – Provide a strong, well-documented explanation and supporting evidence to show the mistake was not intentional.
2. Proving Good Faith – Demonstrating that the error was due to misunderstanding, translation issues, or representative error.
3. Appealing or Judicial Review – In certain cases, you may be able to challenge the decision before the Immigration Appeal Division (IAD) or the Federal Court of Canada.
4. Humanitarian & Compassionate Grounds – In rare cases, if refusal would cause undue hardship, you may apply under H&C considerations.

Because misrepresentation cases are legally complex, professional representation is highly recommended.

How to Avoid Misrepresentation

The best strategy is prevention. Here’s how you can protect your immigration future:

• Be 100% Honest – Always provide truthful information, even if you think it could hurt your chances.
• Disclose Everything – Previous refusals, overstays, arrests, or dependents must be declared.
• Double-Check All Forms – Review every application form for accuracy before submission.
• Use Verified Documents – Never submit altered or unverified documents.
• Work with Trusted Lawyers – If you are unsure, consult with a licensed immigration lawyer instead of unregulated agents.

Misrepresentation in MPNP Cases

The Manitoba Provincial Nominee Program (MPNP) is one area where misrepresentation frequently arises. Applicants may exaggerate job experience, misstate settlement funds, or fail to disclose ties to Manitoba properly.

For example:

• Submitting a fake reference letter to prove Manitoba work experience.
• Claiming to have family ties in Manitoba that do not exist.
• Providing inaccurate settlement plan information.

If discovered, MPNP will not only refuse the application but may also impose a ban, which affects your eligibility to apply under other immigration streams.

Misrepresentation can have devastating effects on your immigration journey. Whether intentional or accidental, the consequences are severe and long-lasting. However, with the right guidance, applicants can respond effectively to allegations, minimize damage, and build stronger applications in the future.

If you have received a Procedural Fairness Letter or are facing allegations of misrepresentation, time is critical. Our experienced immigration lawyers can help you respond, prepare your case, and protect your future in Canada.

Book a consultation with us today to discuss your situation.