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Misrepresentation or Document Fraud as it’s referred to in legal terms is a serious offense under the Immigration and Refugee Protection Regulations 2001. It happens when information that is directly or indirectly provided to Government of Canada agencies like the Citizenship and Immigration Canada (CIC) or the Canada Border Services Agency (CBSA) is found to be incomplete, inaccurate or inconsistent.

For example, a person filling in an immigration form may fail to mention that they have been refused a visa to another country. They may have provided a document that’s found to be fraudulent, altered or not genuine. They may falsely declare to have work experience or omit mentioning certain family members. A person may also undergo a non-genuine marriage or engagement purely in order to get a visa to Canada. Telling a lie either during the interview or while filling the application forms are also considered to be misrepresentations. All these and many others are some instances of misrepresentation or document frauds.

Sources of Misrepresentation

Applicants should also be wary of being misrepresented by a family member or an authorized representative. In some cases, the source of the information could be a third party like physicians or employers, foreign governments etc. Changes in circumstances that have not been conveyed to the immigration authorities are also considered to be misrepresentations.

The fault has to be borne by the applicant even if they were not aware of such an occurrence.

Misrepresentation is sometimes not taken seriously enough by applicants. They may also be given false assurances by unscrupulous consultants or unethical immigration lawyers that a small omission or error will be overlooked. Submitting false certificates that pertain to marital status, education, work experience, travel, police clearances etc can have serious consequences for the applicant and their families. The applicant may be barred from entering Canada for 5 years and a permanent record of the fraud could be put into the immigration system. If the applicant is already in Canada, they may be asked to leave and the status of permanent resident or citizen may be removed.

Intentional or Innocent Misrepresentation

Another issue that concerns misrepresentation is  whether the act was intentional or not. “Innocent misrepresentation” without any evidence of deliberate intend to mislead or defraud is also considered equally criminal. Such information need not be considered a ground for refusal had it been provided. Hence, any information that has been concealed or misrepresented is taken as something that seeks to avert or discourage a line of inquiry. Innocence  is not generally considered to be a viable defense.

In some cases like this one the applicant was aware that he may be hiding certain relevant facts concerning an earlier marriage but still chose to misrepresent them in his application.

Honesty Pays

Experienced, knowledgeable and trained immigration lawyers can advise potential immigrants on how to fill the application forms accurately to avoid the chance of any inadvertent misrepresentations. They can vet all documents beforehand and ensure that no application is submitted unless it is complete, honest and consistent.