Let's Talk about Fraud: Misrepresentation in Immigration Applications

The Information in this post is not legal advice. To book a consultation about your immigration matter(s), email sharifakhanlaw@gmail.com or call 416 831 4521, Monday to Friday, 9am- 5pm.

Recently, I received a phone call from a Canadian (let’s call him Bob), inquiring about filing a visitor visa application for his overseas fiancée. They had previously attempted to secure a visitor visa for her through an “agent” in her home country; however, this application was refused by Immigration, Refugees and Citizenship Canada (IRCC). Bob and his fiancée were of course very upset about the refusal and wanted to submit another visitor visa application.

Over the course of our conversation, however, I learned that the “agent” had advised Bob to submit an invitation letter in support of his fiancée and her father’s visitor visa applications, falsely stating that they were his cousin and uncle, respectively, and simply wanting to come to Canada for a family visit. Bob was upset about this refusal and insisted that he knew many people who were advised by the same “agent” to submit similarly fraudulent information in applications that were ultimately approved.

However, I had more bad news for Bob beyond the refusal: by submitting this fraudulent information in her visitor visa application, his fiancée was now at risk of being deemed inadmissible to and banned from entering and/ or applying to enter Canada for a period of five years, for misrepresentation.

What is misrepresentation?

In the context of an immigration application, IRCC classifies fraud generally as “misrepresentation”, which is defined in the Immigration and Refugee Protection Act (IRPA), s. 40(1) as:

“…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.” [https://laws-lois.justice.gc.ca/eng/acts/i-2.5/section-40.html]

Generally, IRCC divides fraud into two categories:

1. Submitting false or altered documents (ex. identification documents such as birth certificates, marriage/ divorce certificates and passports, language results, employment offer, etc.);

2. Misrepresenting key information, either by:
a. Knowingly providing false information in an application or during an interview; or
b. Omitting or not disclosing key information in an application or during an interview.

[For more information about the government’s approach to immigration fraud, see: https://www.canada.ca/en/immigration-refugees-citizenship/services/protect-fraud/consequences-fraud.html]

Misrepresentation: Submitting Fraudulent Documents

One recent example of fraudulent documents used in immigration applications was the wide- spread submission of fraudulent post- secondary acceptance letters in study permit applications. Partly in response to this endemic problem, IRCC introduced Provincial Attestation Letters (“PAL”), requiring provinces to verify post- secondary offers of acceptance for most study permit applications.

Misrepresentation: Submitting False Information

In a similar effort to combat the rampant issue of fraudulent job offers in Labour Market Impact Assessment (LMIA) applications, IRCC no longer awards points for job offers (including non- LMIA job offers) under Express Entry. This has had far- reaching and very unfortunate consequences both for the Canadian economy, and for many highly- skilled applicants with job offers, as these points represented the bridge that many deserving applicants needed in order to get that coveted invitation to apply for permanent residence.

Moreover, some applicants (like Bob), are actively encouraged to submit untruthful information in their application because it “worked for others”. What they often don’t realize is that their application can be approved on its own merits, without resorting to misrepresenting. For those who would prefer to go through the process represented by a skilled advocate, an experienced immigration lawyer can assist with navigating Canada’s often- complex immigration legal system with confidence, integrity, and clarity.

Misrepresentation: Withholding Key Information

Withholding key information in immigration applications is another form of misrepresentation. Over the years, I’ve worked with clients who have been hesitant to disclose material information that they assume will negatively affect their application.

Examples of information that clients might be hesitant to disclose might include:

· Prior refusals;
· Prior immigration violations (ex. working/ studying without authorization in Canada, overstaying);
· For spousal sponsorships, (the timing of) previous marriages/ marriage breakdown;
· Previous arrests and/or criminal convictions;
· Complex employment history;
· A serious medical condition or diagnosis

In fact, sometimes information that clients are hesitant to disclose are actually non- issues. For instance, I once noticed an unexplained trip listed in one of my client’s travel history forms. It turns out that this was a trip for his child to receive a life- saving medical procedure in another country, and he was extremely hesitant to disclose this information (as required) for fear of a medical inadmissibility finding. I explained that this omission could potentially lead to a finding of misrepresentation, and further, after my client explained the matter fully, I was able to advise him that there was actually no possibility of a medical inadmissibility finding. My client was extremely relieved, and thereafter provided the supporting documents we needed to disclose this information fully to IRCC, in a way that best protected his family’s interests.

Despite the existence of these and/ or other potentially- complicating factors, an experienced immigration lawyer can assist clients to disclose ostensibly incriminating information with confidence- presenting to IRCC compelling and important context, explaining mitigating factors, and seeking the appropriate exemptions and/ or remedial applications- helping to submit as strong and favourable an application as the facts of the case allows, while avoiding potential findings of misrepresentation and the grave consequences arising from such an (avoidable) outcome.

In Bob’s case, had he consulted with an immigration lawyer prior to assisting his fiancée to misrepresent in her visitor visa application, he would very likely have been dissuaded from going along with the “agent’s” scheme. He would also have been informed of IRCC’s policy allowing overseas spouses with a spousal sponsorship application in process to apply for a visitor visa, with expedited processing. Unfortunately, not only was this misrepresentation unnecessary, but it now jeopardizes their (apparently) genuine spousal sponsorship application. Misrepresentation is a serious offence in immigration law, and immigration officers are trained to detect fraud, and are extremely alert to its possibility. Apart from the myriad ethical, moral and legal reasons for not engaging in fraud, it simply is not worth the risk.

As an experienced immigration lawyer, Sharifa can assist you and your loved ones to confidently navigate the often- complex Canadian immigration legal environment with integrity and clarity. Don’t hesitate to be in touch: email sharifakhanlaw@gmail.com or call 416 831 4521, Monday to Friday, 9am- 5pm https://cornwallimmigrationlawyer.ca/