Misrepresentation in Canadian Immigration Law: What It Means and How to Overcome It
Learn what misrepresentation means and how it can affect your immigration status. Ayodele Law helps clients respond to Procedural Fairness Letters, appeal misrepresentation findings, and protect their status in Canada.
What Is Misrepresentation?
Misrepresentation occurs when an applicant provides false, misleading, or incomplete information in an immigration application or proceeding.
Under section 40 of the Immigration and Refugee Protection Act (IRPA), a person is inadmissible to Canada if they directly or indirectly misrepresent a material fact that could influence the outcome of their case.
Misrepresentation can be intentional or unintentional—it applies even when a mistake was made in good faith.
Applicants, sponsors, representatives, and accompanying family members can all be found inadmissible for misrepresentation.
Even after the five-year bar expires, the misrepresentation remains part of your immigration record and can affect future credibility assessments.
What Counts as Misrepresentation?
Misrepresentation includes any act or omission that hides, distorts, or fails to disclose information relevant to your case.
Examples include:
Failing to declare a spouse or common-law partner on a permanent residence application
Omitting dependent children from a visa or Express Entry profile
Submitting fraudulent or altered documents (diplomas, employment letters, bank statements)
Misstating work experience or education to meet eligibility criteria
Using a false job offer or marriage of convenience
Providing incorrect answers on a background check or immigration form
Having a representative submit false information on your behalf—even without your knowledge
Because IRCC treats accuracy as a shared responsibility, applicants are liable for misrepresentations made by their representatives (including consultants or agents
Procedural Fairness Letter and Investigation
Before issuing a refusal, IRCC typically sends a Procedural Fairness Letter (PFL) explaining the concerns and giving you a chance to respond.
At this stage, it’s crucial to:
Provide clear evidence and documentation to explain the inconsistency
Submit a sworn affidavit if the error was unintentional
Seek legal representation to draft a comprehensive response and address the officer’s findings
If you fail to respond adequately, IRCC may issue a section 40 inadmissibility finding, refuse your application, and impose the five-year ban.
Misrepresentation and Permanent Residents
Permanent residents can also be found inadmissible for misrepresentation. When this happens:
A section 44 report is issued by CBSA
The case is referred to the Immigration Division (ID) of the Immigration and Refugee Board (IRB)
If the ID confirms the finding, a Removal Order is issued
The individual may lose permanent resident status and be required to leave Canada
Permanent residents may appeal this decision to the Immigration Appeal Division (IAD) within 30 days of the Removal Order.
How to Overcome a Finding of Misrepresentation?
| Remedy | Description |
|---|---|
| • Respond to the Procedural Fairness Letter | Provide evidence and explanations to clarify errors before a decision is made. A well-drafted legal response can persuade IRCC not to issue the misrepresentation ban. |
| • Appeal to the Immigration Appeal Division (IAD) | Permanent residents and sponsors may appeal Removal Orders based on misrepresentation. The IAD can allow the appeal on equitable grounds such as humanitarian or compassionate considerations. |
| • Apply for Judicial Review at the Federal Court | Temporary residents or foreign nationals outside Canada may challenge a misrepresentation finding through a Judicial Review. File within 15 days (in Canada) or 60 days (outside Canada). The Court can set aside the decision if there was a legal or procedural error. |
| • Humanitarian and Compassionate Applications | In exceptional cases, applicants may seek permanent residence on humanitarian and compassionate grounds, particularly where family unity, medical needs, or the best interests of a child are involved. |
| • Wait Until the Five-Year Bar Expires | After five years, you can reapply for immigration to Canada — but you must fully disclose your previous inadmissibility and demonstrate honesty and rehabilitation. |
How Ayodele Law Can Help
At Ayodele Law, we regularly represent clients facing misrepresentation allegations and section 40 inadmissibility findings.
We can help you:
- Review and analyze your application record
- Prepare responses to Procedural Fairness Letters
- File appeals and Judicial Review applications
- Present compelling evidence to protect your status and credibility
If you’ve been accused of misrepresentation or received a fairness letter from IRCC, contact Ayodele Law today for a consultation. We can help you strategically respond and protect your future in Canada.