Immigration Matters   Sukhram Ramkissoon

The high price for providing false information on immigration forms

During my career as an immigration consultant, I have been often contacted by persons seeking answers to questions  about providing information on their immigration application forms.

For the the new year,  let me once more address this very serious matter.

If a person is not truthful in providing information on their forms, this is known misrepresentation.  The Immigration and Refugee Protection Act (IRPA) sets out factors for misrepresentation and the consequences which can be a loss of immigration status, separation from loved ones, fines and even jail time.

A foreign national who gives false information on  his or her application form may be inadmissible for a period of five years, if it was so determined by an immigration officer.  An applicant should be honest and forthright, at all times, with respect to what is stated in the form. If it is discovered the information submitted is false, the application may be refused. The said applicant may also be banned from make another application for five years from the date the officer determines that the application was refused for misrepresentation.

Most of the questions which I have asked by would-be applicants are about their criminal record, past relationships and past immigration history. Let me make it quite clear: Regardless of the circumstances,  applicants must always be truthful about their personal situation.

Immigration Law states that a person must answer all questions truthfully, and this could be found under section 40 of the IRPA which explains misrepresentation as follows:

• A permanent resident or a foreign national is inadmissible for misrepresentation for directly or indirectly misrepresenting or withholding material facts relating to a relevant matter that induces or could induce an error in the administration of this Act.

In  general terms, misrepresentation means the action or offence of giving false or misleading account of the nature of something.  Other terms for misrepresentation include  lying, cheating, deceiving  or concealing.

Some common examples of misrepresentation under IRPA are failing to declare your children or a past marriage/common-law relationships, failing to include criminal convictions regardless of when the conviction occurred, complete employment and address history, previous applications to Canada or the USA or any other country.

It is  recommended to be always truthful and honest when applying for temporary or permanent residence to Canada.  Also, you can seek professional advice from an authorized representative, who can competently guide you with respect to your application.

HAPPY NEW YEAR AND BEST WISHES TO ALL.

SUKHRAM RAMKISSOON is a member of ICCRC and specialises in Immigration Matters at No. 3089 Bathurst Street, Suite 219A. Toronto, Ontario, Phone 416 789 5756.