What are the consequences of misrepresentation in an immigration application?

Misrepresentation in Canadian immigration law is taken very seriously, and the consequences can be severe. Section 40 of the Immigration and Refugee Protection Act (IRPA) makes applicants inadmissible if they directly or indirectly misrepresent or withhold material facts that could affect the decision on their application. 

When it comes to Canadian immigration applications, one of the biggest hidden dangers is the risk of innocent misrepresentation. Many people who try to handle their applications on their own (“DIY applications”) don’t realize that even small mistakes, like forgetting to mention a past visa refusal, misreporting dates of employment, or misunderstanding a question, can be treated as misrepresentation. Under Canada’s immigration law, intent doesn’t matter: even an honest error can lead to a five-year ban from entering Canada or even the loss of permanent resident status. This is why DIY applications, while cost-saving at first glance, carry a high risk. Without professional guidance, applicants may unknowingly provide incomplete or inaccurate information, exposing themselves to life-changing consequences.

What Counts as Misrepresentation?

Misrepresentation can happen in different ways:

• False statements (oral or written).
  
  
• Omissions (leaving out important facts).
  
  
• Misrepresentations by agents/consultants – even if done without the applicant’s knowledge, applicants are usually held responsible unless they can prove due diligence .
  
  
• Indirect misrepresentation – if a sponsor or family member lies, the dependent applicant can also be found inadmissible .
  
  

Importantly, intent is not required. Even an “innocent” mistake can result in inadmissibility if the information is material to the application.

Legal Consequences of Misrepresentation

1. Inadmissibility to Canada

• A person found to have misrepresented becomes inadmissible for five years .
  
  
• During this period, they cannot apply for permanent residence, temporary status, or even enter Canada.
  
  
• This rule applies whether the misrepresentation happened abroad, at a port of entry, or inside Canada.
  
  

2. Loss of Immigration Status

• If misrepresentation is discovered after permanent residence is granted, status can be revoked.
  
  
• Refugee protection can be vacated if obtained through misrepresentation, which also strips away permanent residence .
  
  
• Citizenship can be revoked if obtained through fraud or false information .
  
  

3. Impact on Family Members

• If a sponsor misrepresented facts to bring someone in, the sponsored person can also be found inadmissible .
  
  
• Dependents may face consequences even if they were unaware of the misrepresentation.
  
  

4. Procedural Consequences

• Officers must give applicants a chance to respond to concerns through a procedural fairness letter before a misrepresentation finding is finalized .
  
  
• Findings made without due process can sometimes be overturned in court.
  
  

Exceptions and Defenses

While strict, Canadian courts recognize narrow exceptions:

• If the applicant honestly and reasonably believed they were not misrepresenting (e.g., relying on wrong official advice) .
  
  
• If an agent submitted information without the applicant’s knowledge or authority, and the applicant exercised due diligence .
  
  
• If errors were minor, accidental, or not material, they may not amount to misrepresentation .

Key takeaways of misrepresentation in Canadian Immigration: 

• Misrepresentation in immigration applications leads to a five-year ban from Canada and can result in loss of permanent residency or citizenship.
  
  
• Even unintentional mistakes or omissions can count as misrepresentation if they are “material” to the decision.
  
  
• Family members and dependents can also be affected by a misrepresentation.
  
  
• Limited exceptions exist, but applicants must prove they acted honestly and exercised due diligence.
  
  

If you are dealing with a possible misrepresentation issue, professional legal guidance is essential. Immigration law is complex, and the consequences are life-changing.

You can schedule a strategy session with our team here: Book a Consultation.