Misrepresentation on visa application is serious

Dear Mr Brown,

I applied for a study permit, and I received a letter from the high commission accusing me of misrepresentation. I made a genuine error about my highest level of education. Since I did not complete my degree, I omitted that information. However, because I stated I was enrolled in university for my visitor’s visa a few years ago, I am in trouble. Please tell me what I can do to resolve this matter.

BL

Dear BL,

I am empathetic to your situation. I can understand how an error like that can be made.

Under Canadian Immigration law, misrepresentation may lead one to be inadmissible. Misrepresentation is perhaps the most significant of all errors, because it can affect not just the present application but even being able to apply again or be successful in the future.

Misrepresentation entails directly or indirectly giving false information or withholding material (important or substantial) facts relating to a relevant matter that induces or could possibly induce an error in the administration of granting a visa.

Misrepresentation is deemed material if it effectively forecloses avenues of inquiry, regardless of whether one intends or does not intend to deceive. It will be material if it is important enough to affect the process. Therefore, applicants either know or ought to know relevant information for a visa officer to make a decision regarding the application.

The false information must be significant to affect the decision, but the intent to deceive is irrelevant.

Information that is material may relate to:

• identity

• credentials

•immigration status

• marital status

• criminality

• history

• family members

• financial status

• employment status

OBLIGATIONS OF THE APPLICANT

Anyone seeking admission to Canada has a general duty of candour which requires disclosure of material facts. The onus is placed on the applicant regarding completeness and accuracy. There are certain obligations on applicants for a visa, which include providing:

• truthful answers to all questions;

• all relevant evidence and documents that a visa officer reasonably requires; and

• information regarding any material changes affecting the application while it is being processed.

People found inadmissible based on misrepresentation while outside Canada may be banned from submitting an application for five years.

All requested information should be declared. How the information is stated should be strategic, of course. A situation can be explained in many ways to describe the same fact. In your situation, if they ask about the highest level of education, then the question should be answered in its entirety, including that you did attend university, but that you discontinued your studies. Perhaps you have a justifiable reason for doing so, that would not undermine your study permit application.

There is no limit on the amount of information that can be provided in an application. Therefore, if there is uncertainty as to whether a fact in your life or personal history is relevant, it is far better to provide all the details with an explanation.

DEFENCE TO MISREPRESENTATION

Applicants are responsible for fraudulent (purposeful) and negligent (careless) false information or omissions.

An innocent mistake is a defence in which an applicant:

• honestly and reasonably believes that he or she was not misrepresenting a material fact;

• the knowledge of the fact is beyond one’s control; and

• there is no issue of negligence.

You may contact my office if you require additional assistance with providing an explanation for your educational history, as I would need more information.

Please visit

JAMAICA2CANADA.COM

for additional information on Canadian Permanent Residence programmes, including express entry, study & work programme, visas or appeals, etc.

— Antonn Brown, BA, (Hons), LLB, MSC, RCIC, is an immigration counsel and an accredited Canadian education agent of JAMAICA2CANADA.COM — a Canadian immigration & education firm in Kingston. Send questions/comments to documents.jamaica2canada@ gmail.com