What is meant by misrepresentation?
Misrepresentation or document fraud in any visa application is considered a grave offence, as stated in section 40 of the Immigration and Refugee Protection Act of Canada. For the best Immigration consultants in Ludhiana consult us today.
False information in an application for a Canada immigration visa includes:
• Providing false information; failing to disclose important facts (lies by omission); creating and submitting false supporting documentation as part of the Canada Visa Application Process
• In an interview, making up a statement
Let’s say that these fraudulent claims, revised supporting documentation, and omissions are submitted. If that is the case, this will cause the immigration officer handling your application to reach a conclusion that you would not have reached if your application had been submitted accurately.
The legal definition of misrepresentation is as follows:
40 (1) Misrepresentation: (a) misrepresenting or withholding material facts about a relevant issue that induces or could persuade an error in the administration of this Act renders a foreign national or permanent resident inadmissible; (b) can an error on an immigration application be considered misrepresentation?
This will depend on whether the incorrect information is connected to significant (basically crucial) case facts. In the event of spousal sponsorship, for instance, the application states that the couple wore a black dress once they first met their partner, even though the dress color is largely inconsequential in determining the sincerity of the relationship.
Although this might be a mistake, it isn’t considered a misrepresentation. On the other hand, it is misleading when a candidate for spousal sponsorship claims to have only been divorced once when, in fact, they have been divorced twice or three times.
Unintentional Misrepresentation: What Is It?
Misunderstanding on the part of the visa application is frequently unintentional rather than deliberate. The following factors are important to consider when determining whether an error constitutes a misrepresentation:
• Does the error concern a fact pertaining to the application? ‘
• Could this error cause an immigration officer to make a mistake in their final assessment of the application?
Common Types of False Information
omitting to include a common-law spouse in an immigration petition
After living together for 365 days, a couple is legally considered to be common-law partners even in the absence of a formal declaration of common-law partnership and regardless of whether they reside in Canada or not. Furthermore, it is required that you disclose your common-law partner on your immigration application; otherwise, it will be considered misrepresentation.
A spouse or kid is not mentioned on an immigration application
n No matter the kind of application, a Canadian immigration candidate must disclose any biological or adoptive children. The child will not be “examined” by completing the immigration medical exam if they are not listed on the application.
This indicates that the child in this situation will not be regarded as a member of the family class or eaves the parent’s dependent; the same is true for the spouse declaration.
Not disclosing criminal accusations, convictions, or arrests.
Whether the conviction occurred years or decades ago, it must to be disclosed on an immigration application. Charges, regardless of the time period, have the potential to bar a candidate from entering Canada.
Not disclosing any prior rejections of immigration applications.
Regarding applications for permanent or temporary status. All candidates are required to disclose any instances in which they have been refused entry into any country. Whether an application is for a work permit, study permit, visitor visa, permanent residence, refugee claim, or anything else is irrelevant. It will be deemed a deception if you fail to take the same action.
Not revealing any more citizenships or passports.
In some cases, having dual or triple citizenship increases the likelihood that an immigration application will be approved. However, there are instances in which applicants choose not to disclose that they hold a second passport out of concern that it will have unfavourable effects.
Leaving out a representation while submitting an immigration application.
If the applicant for Canadian immigration does not disclose that they have received assistance with their application. It is considered misrepresentation. Help may also include creating an online portal, uploading or submitting papers, filling out application forms, gathering supporting documentation, understanding application instructions, regulations, and rules, or even getting in touch with the IRCC.
Penalty for Misuse of Property
A candidate found guilty of misrepresenting themselves faces a five-year prohibition from entering Canada as well as other penalties. The candidate must meet the requirements for permanent residency in Canada during these five years. Furthermore, any future application that a person plans to make will be treated extremely suspiciously if an immigration officer finds that they have misrepresented themselves.
What should you do next if it turns out to be misinterpreted?
If you, as a responsible candidate, realise that you have provided inaccurate information or made a mistake. You should alert the IRCC right away and provide them with accurate information. Should the applicant be aware that the IRCC is in error? they ought to wait to apply for permanent resident status until the accurate information has been communicated.
Misrepresentation and citizenship of Canada
Since it is more serious than working without authorization, overstaying a visa, or any other immigration-related infraction, misrepresentation is considered one of the most serious infractions of Canadian immigration law. If someone has been falsely represented, their citizenship may be legally withdrawn. You can get in touch with us for additional information about this subject. Always choose the best Canada study visa consultants in Ludhiana.
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