Recently, I have been seeing a lot of issues of people getting accused of misrepresentation even after landing as a permanent resident. Some of these people have even stayed in Canada for as long as 10 years after which they are asked to go back to their countries. My question is that how is it possible for someone to be approved of permanent residence, lands in Canada and settles down only to be accused of misrepresentation later on. I thought that misrepresentation findings are made during the application process. or is there something else I do not understand? I will be grateful for answers to this. Thank you.
Misrepresentation after landing in canada as a permanent resident
- Thread starter Darkobesten
- Start date
legalfalcon
VIP Member
- Sep 21, 2015
- 19,051
- 9,922
- Category........
- FSW
- Visa Office......
- Ottawa
- NOC Code......
- 4112
- App. Filed.......
- 03-09-2015
- Doc's Request.
- 01-10-2015
- AOR Received.
- 03-09-2015
- Med's Done....
- 17-08-2015
- Passport Req..
- 05-04-2016
- VISA ISSUED...
- 12-04-2016
- LANDED..........
- 05-05-2016
Misrepresentation can result in denial of entry, refusal of applications, loss of visitor or permanent resident status, revocation of citizenship and prosecution. This happens after the due judicial process and there are many laws that are involved, most importantly the IRPA and the Citizenship Act. Some of the relevant provisions are listed here:
Section 40 of the Immigration and Refugee Protection Act states:
Misrepresentation
40. (1) A permanent resident or a foreign national is inadmissible for misrepresentation
o (a) 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;
o (b) for being or having been sponsored by a person who is determined to be inadmissible for misrepresentation;
o (c) on a final determination to vacate a decision to allow their claim for refugee protection or application for protection; or
o (d) on ceasing to be a citizen under paragraph 10(1)(a) of the Citizenship Act, in the circumstances set out in subsection 10(2) of that Act.
o (b) for being or having been sponsored by a person who is determined to be inadmissible for misrepresentation;
o (c) on a final determination to vacate a decision to allow their claim for refugee protection or application for protection; or
o (d) on ceasing to be a citizen under paragraph 10(1)(a) of the Citizenship Act, in the circumstances set out in subsection 10(2) of that Act.
Section 127 of the Immigration and Refugee Protection Act states:
127. No person shall knowingly
- (a) directly or indirectly misrepresent or withhold material facts relating to a relevant matter that induces or could induce an error in the administration of this Act;
- (b) communicate, directly or indirectly, by any means, false or misleading information or declarations with intent to induce or deter immigration to Canada; or
- (c) refuse to be sworn or to affirm or declare, as the case may be, or to answer a question put to the person at an examination or at a proceeding held under this Act.
128. A person who contravenes a provision of section 126 or 127 is guilty of an offence and liable
(a) on conviction on indictment, to a fine of not more than $100,000 or to imprisonment for a term of not more than five years, or to both; or
(b) on summary conviction, to a fine of not more than $50,000 or to imprisonment for a term of not more than two years, or to both.
(b) on summary conviction, to a fine of not more than $50,000 or to imprisonment for a term of not more than two years, or to both.
The basic premise is that if there was misrepresentation when the application for PR was filed, even after the application has been approved, it continues to be a crime. If it is found at a later date, even after a person has lived in Canada for over 10 years, the citizenship can still be revoked and the person deported.
This was further strengthened in 2017 when the Strengthening Canadian Citizenship Act (SCCA) was introduced making the process much faster.
Canadian law allows for revocation in certain circumstances. Subsections 10(1) and 10.1(1) of the Citizenship Act provide that a person’s citizenship or renunciation of citizenship may be revoked if the person obtains, retains, renounces, or resumes citizenship by
- false representation;
- fraud; or
- knowingly concealing material circumstances.
- was convicted of terrorism, high treason, treason, or spying offences, depending on the sentence received; or
- served as a member of an armed force of a country or as a member of an organized armed group and that country or group was engaged in armed conflict with Canada.
Status of a person post-revocation
If the person’s citizenship was revoked due to false representation or fraud or knowingly concealing material circumstances during the citizenship process only (e.g., lying about residence in Canada during the relevant period), the person becomes a permanent resident as per subsection 46(2) of the Immigration and Refugee Protection Act (IRPA). Revocation in such situations does not itself jeopardize the right of the person to remain in Canada; however, the person must meet all obligations under the IRPA. For the residency obligation under the IRPA, the five-year period begins on the date the person becomes a permanent resident. If the person’s citizenship was revoked on the grounds they became a permanent resident by false representation or fraud or knowingly concealed material circumstances, the person will revert to foreign national status. If the false representation or fraud or concealing of material circumstances was with respect to a fact described in sections 34, 35 or 37 of the IRPA, the Federal Court, in certain cases, may also declare the person inadmissible and issue a removal order.
Hope this helps!
