If incorrect information is submitted to Immigration, Refugees and Citizenship Canada (IRCC), whether intentional or unintentional, correcting it is not an easy process, and it can sometimes lead to serious complications.

Ms. T’s Case: A Discrepancy in Work Experience Led to Legal Action

Ms. T’s two children were studying in Canada, and she applied for a visitor record to stay with them during their study abroad. While in Canada, in 2021, she received a job offer from a Canadian trade company due to her relevant work experience in Japan, and the company sponsored her to apply for a work permit.

However, Ms. T later received a letter from IRCC requesting clarification regarding the discrepancy in her work experience listed in her visitor record application and her subsequent work permit application. The officer pointed out that the work history she provided for her visitor record and work permit applications did not match, and Ms. T was required to explain the inconsistency.

An Honest Mistake, but IRCC Did Not Forgive Easily

Ms. T explained that the discrepancy was due to an accidental error when filling out the visitor record application and assured that she had provided accurate information in her work permit application. She prepared a letter of explanation stating that she had been more careful in submitting her documents for the work permit.

Ms. T also submitted a letter from her previous employer in Japan along with documents proving her employment, income, and tax payment history to further support her explanation.

Despite sending the letter and documents to IRCC and addressing the discrepancy between the visitor record and work permit applications, IRCC rejected her work permit application. The officer cited Section 40(1)(a) of the Immigration and Refugee Protection Act, claiming that Ms. T had misrepresented important facts and submitted false documents.

Visa Rejection Led to Court Proceedings

Following the rejection, Ms. T filed a lawsuit with the Federal Court. She did not deny the mistake in her visitor record application but argued that the explanation documents she submitted were credible.

In response to her claim, the court ruled that the IRCC officer had failed to properly gather evidence regarding the reason for the discrepancies between Ms. T’s two applications. The officer did not adequately review the new evidence submitted by Ms. T, including the verification of her work history in Japan, and made a decision without properly considering this. As a result, the court overturned the decision, ruling that Ms. T had not made a false declaration to IRCC.

Cases like this are crucial information for foreign applicants seeking visas or permanent residence in Canada. It is clear that once false information is submitted, it is very difficult to retract or overcome it. IRCC takes a strict approach when false information is discovered, often resulting in visa refusals or the revocation of a status. Furthermore, making a false declaration can lead to a decision that the applicant is not allowed to enter Canada.

Additionally, misrepresentation can lead to more serious consequences than just a refusal. Under Canadian immigration law, those found guilty of making false declarations may face the following penalties:

Penalty for false information

• A minimum 5-year ban from entering Canada
• A record of fraud on public record
• Revocation of permanent residence or Canadian citizenship
• Prosecution for fraud
• Deportation

Given the severity of these penalties, it is clear that the importance of ensuring all visa or immigration applications are accurate and carefully prepared.

Immigration forms and visa applications can be complex. Even if applicants are very careful when preparing their documents, sometimes they unknowingly provide incorrect information.

Applicants are required to submit the “best of their knowledge” information, but even if they intend to provide accurate information, some inaccuracies or omissions may still occur.

Fortunately for Ms. T, she won the lawsuit, but the legal process was long and costly, involving substantial attorney fees and considerable stress. To avoid such situations, it is essential to cross-check with previous applications and ensure that all the information matches when submitting visa or permanent residence applications.