Mistake vs. Misrepresentation.

When anyone searches the word "MISREPRESENTATION" on the immigration website cic.gc.ca you could see this. “

It’s a serious crime to lie, or to send false information or documents to Immigration, Refugees and Citizenship Canada (IRCC). This is fraud. It’s called “misrepresentation.”

  • What if you just forgot to mention that you were once refused a visitor visa, study visa or a temporary work permit to another country?

Is (misrepresentation) a lie, is it fraud? What does the Immigration Act say?

A40 (1) A permanent resident or a foreign national is inadmissible for misrepresentation

  • (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;

  1. Does "indirectly misrepresenting" include accidental mistakes to questions on forms?

  2. What constitutes the "withholding material facts"?

  3. Who decides what is a "material fact"?

  4. Do you get to prove your wrong answer to a question "could not induce an error" ?

  5. Who decides what is a “relevant matter”?

  6. Do the IRPR Regulations require an officer to let you "explain your innocent mistake"?

  7. Are foreigners and permanent residents "alledged to misrepresent" treated equally?

When you submit wrong answer(s) or omit fact(s) on an application should you contact immigration before they find your mistake or should you wait and hope they miss your mistake?

Should you represent yourself or should you retain experienced Immigration Counsel to assist in explaining the mistake you made?

Remember: A Person who Represents himself has a Fool for a Client!

Roy Kellogg

cvimmigration.com

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