Misrepresentation and Sponsor’s Status in Canadian Immigration and Refugee Act!

The Canadian Immigration and Refugee Protection Act (IRPA) that has been into force since June 28, 2002 boasts several provisions regarding the misrepresentations that are made by immigrants, be it an applicant, employer, sponsor and any person who takes part in an application procedure. Any individual who comes under any of the above mentioned category should be very careful so that no case of misrepresentation is made against them.

As per the Section 40(1) (a) of the IRPA:

An immigrant or permanent resident is inadmissible for misrepresentation for,

  • Misrepresenting any fact in terms of matter that holds the chances to cause an absurdity in the administration of the IRPA, be it directly or indirectly;
  • Being sponsored by an individual who is inclined to be inadmissible for misrepresentation;
  • Being determined to abandoning a decision in order to allow the claim for refugee protection by the immigrant and
  • Withdrawing to be a citizen under section 10(1)(a) of the Citizenship Act, in the circumstances described in subsection 10(2) of the same Act.

However, the section 40(1)(a) could catch an immigrant, even if he/she is a sponsor as a permanent resident in Canada. Due to accusation of misrepresentation, which is not related to a permanent resident’s own immigration proceedings, the permanent resident may lose own status. But, what about a case where the sponsor is a Canadian citizen? It would be interesting to note, since the section 40(1)(a) of IRPA nowhere mentions about a Canadian citizen!

In order to avoid any such type of uninvited situation, it is advised to seek the help of an Immigration and Visa expert!

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