Often times, individuals may think that disclosing too much information will result in the refusal of the application. As such, they may intentionally omit or provide false information regarding specific aspects of their application. If you are a foreign individual who has criminal inadmissibility, and you decide to lie or not to disclose information about your criminality to an Immigration officer when entering Canada, you may face consequences that are more severe than the refusal of your application. It is, therefore, highly recommended that you need to be honest with Immigration, Refugees, Citizenship Canada at all time. Do not ever think you can get away from being inspected, as immigration officers do have the ability and authority to check entire your criminal record. In this blog, you will learn about the importance of being honest with Immigration, Refugees, Citizenship Canada.
If an immigration officer asks you about your criminality, it is important for you to answer all questions correctly and directly. This also applies to situations where you merely have a minor charge. When you encounter such situation, the immigration officer usually tests you to see whether or not you will respond accurately to the questions. You should, however, always keep in mind that you may still be denied entry to Canada, even if you do disclose the correct information. In order to prevent that from happening, you may apply for a Temporary Resident Permit or a Criminal Rehabilitation before attempting to enter Canada to overcome your criminal inadmissibility.
If you choose to provide false or incomplete information to an immigration officer, you will most likely be accused of misrepresentation. Misrepresentation refers to the failure to disclose accurate and complete information. Immigration, Refugees, and Citizenship Canada treats misrepresentation very seriously, as it can falsely alter the decisions made under the Immigration and Refugee Protection Act (IRPA). In Canada, misrepresentation is considered a form of fraud under the Canadian Criminal Code; this means that misrepresentation is a criminal offence. If you commit such fraud, Immigration, Refugees, and Citizenship Canada can:
• ban you from entering Canada for at least five years
• take away your status as a permanent resident or Canadian citizen
• have you charged with a crime
• deport you from Canada
• give you a permanent record of fraud with Immigration, Refugees, and Citizenship Canada
You should always keep in mind that providing the right information often leads to less severe consequences or outcomes compared to providing Immigration with false, inconsistent or incomplete information.
The answer depends on whether or not you were banned from entering Canada. If you were banned from Canada for five years, you would have to wait until the termination of the ban. If you were not banned, you could attempt to enter Canada with misrepresentation by applying for a temporary resident permit or criminal rehabilitation.
The Temporary Resident Permit allows an individual to enter Canada and overcome inadmissibility temporarily for a period, ranging from one day to three years. That being said, you may apply for a Temporary Resident Permit if you need to enter Canada temporarily for a compelling reason, such as attending a business meeting, visiting a sick family member, or attending a family gathering. On the other hand, if you want to overcome your inadmissibility permanently, then Criminal Rehabilitation is the better option for you. This can only be a permanent solution if you do not re-offend after your latest incident. In order to apply for criminal rehabilitation, you will need to make sure five years have successfully elapsed since the completion of all sentences imposed. Please note, the five-year waiting period is not calculated from the date on which the offence occurred; it is, rather, calculated from the completion of the sentence. Overall, the eligibility requirement of criminal rehabilitation is stricter than that of a temporary resident permit.
Having misrepresentation on your record in Immigration can adversely affect your chances of entering Canada. Immigration, Refugees, and Citizenship Canada takes fraud and misrepresentation very seriously, so that they can ensure that all Canadian citizens and permanent residents are safe and not threatened by any potential risks and dangers. Therefore, if you are applying for a Temporary Resident Permit or a Criminal Rehabilitation, the ultimate decision is completely at the discretion of the Immigration officer, meaning that they may still refuse your entry just because you have misrepresentation on your record.
With Akrami & Associates, there is always a way!