Misrepresentation (IRPA s 40)
Statutory definition
IRPA s 40(1) provides that a permanent resident or foreign national is inadmissible for misrepresentation 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 the IRPA. IRPA s 40(2) provides that the inadmissibility period is 5 years from the date of: the refusal, removal, or grant of status on the basis of the misrepresentation.
Explanation
Misrepresentation is one of the most serious inadmissibility grounds in Canadian immigration law. It applies to: omitting information on forms; providing false documents; having a third party (such as a ghost consultant) submit a fraudulent application; and failing to disclose a previous refusal, overstay, or criminal conviction. The 5-year bar applies even if the misrepresentation was made innocently — only the materiality of the fact matters. A PR who misrepresented during the original application may lose PR status. Practitioners should always review applications for inadvertent omissions before submission.