Inadmissibility and Misrepresentation Lawyer · Toronto

Who this is for

This page is for you if:

• you found a mistake in an application you already filed, received a procedural fairness letter about misrepresentation, or were refused with a five-year bar;

• you have a conviction, a pending or past charge, an arrest, a discharge or a peace bond, in Canada, Türkiye or anywhere else, and want to visit, study, work, immigrate or be sponsored;

• you are a permanent resident facing a section 44 report or an admissibility hearing.

How misrepresentation works

Under section 40 of the Immigration and Refugee Protection Act (IRPA), you are inadmissible for directly or indirectly misrepresenting or withholding material facts that could induce an error in applying the Act. Intent is not required, and no error has to result. “Indirectly” includes documents a consultant or relative submitted for you.

A finding brings a refusal and five years of inadmissibility, counted from the final decision outside Canada, or from enforcement of a removal order in Canada. During that time you cannot apply for permanent residence.

Section 16 imposes a duty of candour: truthful answers and the documents an officer reasonably requires. The Federal Court recognizes a narrow exception: you must have honestly and reasonably believed you were not withholding anything material (Gill v. Canada, 2021 FC 1441). Forgetting something you knew, or deciding it did not matter, rarely qualifies (Goburdhun v. Canada, 2013 FC 971). If the truth was elsewhere in your file, officers must consider the totality of the application.

IRCC’s procedural fairness instructions require officers to share their concerns, including outside information they rely on, and give you a meaningful chance to respond. That response is often the best chance to prevent the bar, so it must answer the legal test, not only apologize (see our procedural fairness service).

How criminal inadmissibility works

Section 36 of IRPA has two main levels:

• Serious criminality covers permanent residents and foreign nationals: a Canadian conviction for an offence with a maximum of 10 years or more, or with over six months of imprisonment imposed, or a foreign conviction or act that would carry such a maximum in Canada.

• Criminality applies only to foreign nationals: one indictable offence, or two offences not arising from one occurrence. Offences that can be prosecuted either way count as indictable.

Contraventions and youth sentences under Canada’s youth justice laws do not count (subsection 36(3)). A foreign conviction is compared, by its elements rather than its name, with the closest Canadian offence, using the court records and the foreign law. The Canadian maximum decides the category, not the sentence you received abroad, and a later increase in that maximum does not count against you (IRCC).

Impaired driving has been serious criminality since December 18, 2018, when its maximum rose to 10 years; earlier offences are assessed under the penalties then in force.

Canadian convictions are cleared by a Parole Board of Canada record suspension. Foreign convictions have two routes:

• Deemed rehabilitation comes with time, only where the Canadian maximum is under 10 years: 10 years after completing the sentence for one offence, or five years for two or more summary offences (IRPR section 18).

• Individual rehabilitation is an application to IRCC, available five years after the sentence ends, including probation, or after the act if there was no conviction (IRPR section 17). It is discretionary and can take over a year.

Before then, a temporary resident permit (section 24) may be issued when your need to be in Canada outweighs the risk. It can be cancelled at any time and does not remove the inadmissibility.

Other grounds, briefly

• Medical: health conditions likely to endanger public health or safety, or expected to cause excessive demand on health or social services, can make you inadmissible (section 38). Excessive demand does not apply to sponsored spouses, common-law partners and dependent children, and a procedural fairness letter comes before any refusal.

• Financial: being unable or unwilling to support yourself and your dependants without social assistance also makes you inadmissible (section 39).

• Permanent residents: a section 44 report may lead to an Immigration Division hearing, and you can make submissions first. A removal order can usually be appealed to the Immigration Appeal Division, but not for serious criminality committed abroad or punished in Canada by six months or more of imprisonment (section 64).

• Family members: in permanent residence applications, an inadmissible accompanying family member can make the whole family inadmissible (section 42).

Common reasons files go wrong, and how we build against them

• Hiding a record: omitting a charge or old conviction can turn a manageable criminal issue into a five-year misrepresentation bar. Fingerprints are checked against RCMP records and may be shared with partner countries (IRCC). Our guide to pending charges shows how we disclose and explain.

• “Fixing” old answers without explaining: a quietly changed answer can read as a new misrepresentation. We correct the record openly, explain how the error happened and prove the true facts.

• Inconsistent histories: travel, work, marital history, children and past refusals must match across all your applications, so we reconcile them first. A family member left off your own immigration application can also block sponsoring them later (IRPR 117(9)(d)), which we check in every spousal sponsorship file.

• Memory instead of records: recalled dates, charges and outcomes are often wrong, and a clean police certificate does not answer a question about charges. We work from certified court records, police certificates and the foreign law.

• What is online: security screening can include open-source and social media checks (IRCC). Our article on the IRCC “digital detective” explains the risk.

How the process works with us

It starts with an online consultation, booked at cal.com/blacksyimmigration. If we take the file, you complete a secure online intake, we open a shared document folder, and we build a checklist for your file. You deal directly with our lawyer, Ahmet Faruk Ocak. There are no middlemen. We communicate by email, so every instruction and decision is documented. The work is fully virtual, in English or Turkish.

We answer the letter or concern with evidence and law (including section 44 submissions), correct errors properly, and apply for rehabilitation or a temporary resident permit where one fits, before you travel. After a refusal, we assess reconsideration or judicial review in the Federal Court.

Our fee is a flat fee agreed in writing before you hire us. You can pay it in full or in two instalments. It is held in trust and earned at set milestones. Government fees are separate, and HST applies to clients resident in Canada.

What happens next

Book a consultation at cal.com/blacksyimmigration as soon as a letter arrives, and tell us its deadline. Bring the letter or refusal, every earlier application and any court or police records. If records will take longer, we ask IRCC for more time before the deadline. If you are filing yourself with a record or past refusal, an application review first can catch disclosure problems.

Frequently asked questions

I found a mistake in an application I already filed. What should I do?

Do not wait for IRCC to find it, and do not quietly change the answer in a later form. The safer course is usually a written correction to the file that explains what was wrong, how it happened and what the true facts are, with documents. A correction does not automatically cure a misrepresentation: an officer can still ask whether the fact was material and whether the mistake was honest and reasonable. How and when to correct depends on where the file stands, so get advice before you send anything.

How long does a misrepresentation bar last, and can I still visit Canada?

Five years. For decisions made outside Canada, the period runs from the final determination; for decisions made in Canada, from the date a removal order is enforced. During that time you cannot apply for permanent residence, and you are also inadmissible as a visitor, student or worker. IRCC also warns that you could have a permanent record of fraud. A temporary resident permit can be considered if you have a compelling reason to come, but it is discretionary. If you believe the finding was wrong, act quickly: leave for judicial review must be sought within 15 days of a decision made in Canada, or 60 days if it was made outside Canada.

I was charged but never convicted. Do I have to disclose it?

Yes, wherever a form asks about charges, arrests or criminal proceedings. A charge is not a conviction, and disclosing it is not an admission. In Canada, withdrawn or dismissed charges and absolute or conditional discharges do not make you inadmissible, and a final acquittal in any country means you are not criminally inadmissible for that offence. Outside Canada, a withdrawal or discharge may not have the same effect, because an officer can consider whether you committed the act. The real damage usually comes from leaving the charge off the form, which can lead to a misrepresentation finding.

What is the difference between deemed rehabilitation and individual rehabilitation?

Deemed rehabilitation comes with time and needs no application, although IRCC suggests confirming it before you travel. It applies only to foreign offences with a Canadian maximum under 10 years, and only if the rest of your record meets strict conditions: generally 10 years after completing the sentence for one offence, or five years for two or more summary offences. Individual rehabilitation is an application to IRCC, available five years after the sentence ends, including probation. It is discretionary and can take over a year. Foreign serious criminality, including impaired driving committed since December 18, 2018, is never deemed rehabilitated, so an application is needed.

I am a permanent resident with a conviction in Canada. Can I lose my status?

On criminal grounds, only for serious criminality: an offence with a maximum sentence of 10 years or more, or a sentence of more than six months of imprisonment. A conditional sentence served in the community is not imprisonment for this test. An officer can write a section 44 report, which can lead to an admissibility hearing, and your status ends when a removal order comes into force. You can usually appeal to the Immigration Appeal Division, but not if you were sentenced to at least six months of imprisonment. If your case is still in criminal court, get immigration advice before you plead or are sentenced.