Inadmissibility and detention
Immigration Misrepresentation in Canada
Allegations of immigration misrepresentation can have immediate and long term consequences. The immediate effect may be the denial of an immigration application such as a visa, permit or entry into Canada. The long term consequences may be a bar from entering Canada for up to five years from the date of the misrepresentation (if the person is outside of Canada), or five years from the date the person has left Canada (if the person’s misrepresentation was discovered after entering Canada).
Common types of misrepresentation include the failing to declare a relative or relationship, failing to have a relative examined, failing to declare some form of activity such as work or study, and entering into a non-genuine marriage.
Some forms of misrepresentation are unintentional, but may nevertheless result in a five year ban. There are some remedies available depending on whether the person is a foreign national, or a permanent resident of Canada. These remedies may include a temporary resident permit (for foreign nationals), or an appeal at the Immigration Refugee Board (Appeal Division) for permanent residents.
Allegations of misrepresentation are very serious and can entail dire consequences for the concerned individual, including removal from Canada in applicable circumstances.
A concerned person who is facing allegations of misrepresentation will typically be provided with a critical opportunity to submit a written response to the relevant allegations. It is important that the response addresses the pertinent issue(s), any mitigating factors, applicable legal principles and relevant legal precedents associated with the specific circumstances. Many individuals may not be aware of the gravity of a misrepresentation allegation, or even what documents and information are relevant to include in their response.
With so much at stake, the skilled team of lawyers at Chaudhary Immigration Law are prepared to stand in your corner and defend your rights.
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