Hiring an immigration lawyer or consultant does not relieve you of your responsibility to ensure that the information submitted to Immigration, Refugees and Citizenship Canada (IRCC) is accurate and truthful.
Whether you are applying for a temporary resident visa, permanent residence, or spousal sponsorship, inaccurate information submitted by a representative may have serious consequences, including refusal of your application and a five-year inadmissibility period.
What Does Canadian Immigration Law Say?
Under section 16(1) of the Immigration and Refugee Protection Act (IRPA), applicants must answer questions truthfully and provide relevant information and documentation.
Under section 40(1)(a) of IRPA, a foreign national or permanent resident may be found inadmissible for directly or indirectly misrepresenting or withholding material facts that induce or could induce an error in the administration of the Act.
Importantly, misrepresentation does not necessarily require an intention to deceive immigration authorities.
A finding of misrepresentation may result in:
- Refusal of a spousal sponsorship or permanent residence application.
- A five-year period of inadmissibility to Canada under section 40(2)(a), subject to the applicable statutory rules.
- Additional immigration consequences, depending on the applicant’s circumstances.
Federal Court Decision: False Information Submitted by an Immigration Agent
In a recent Federal Court decision, Musembi v. Canada (Citizenship and Immigration), 2026 FC 1241, the applicant sought judicial review of the refusal of his permanent residence application under the Spouse or Common-Law Partner in Canada Class. The applicant had previously applied for a temporary resident visa in 2021. That application indicated that he had been married to a woman since 2018. However, when he subsequently applied for permanent residence through spousal sponsorship in 2023, he declared that he had never previously been married. When IRCC questioned this discrepancy, the applicant explained that an immigration agency had entered the false marital information in his earlier visa application without his knowledge or consent. He maintained that he had never married the woman identified in the application.
The immigration officer rejected his explanation, refused his permanent residence application, and found him inadmissible for misrepresentation under section 40(1)(a) of IRPA.
What Did the Federal Court Decide?
The Federal Court dismissed the application for judicial review.
The Court emphasized that an applicant remains responsible for reviewing the accuracy of an immigration application submitted in their name, even where an agent allegedly entered false information without their knowledge or consent. The Court also explained that the exception for innocent misrepresentation is narrow and applies only in exceptional circumstances. The officer had reasonably considered and rejected that argument.
The Court found no procedural unfairness in the officer’s decision.
What Can Spousal Sponsorship Applicants Learn From This Decision?
Before submitting any Canadian immigration application, applicants should carefully review all information, including their marital history, previous relationships, addresses, employment history, immigration refusals, and prior applications.
- Do not assume that information entered by a representative is automatically correct.
- It is equally important to ensure that information in a new application is consistent with previous immigration records or that any discrepancies are properly identified and explained.
- Remember: Hiring a representative does not transfer your legal responsibility for the accuracy and completeness of your immigration application.
Contact YA Law Corporation
If you are considering sponsoring your spouse or common-law partner, have received a procedural fairness letter, or are facing allegations of immigration misrepresentation, obtaining legal advice before responding may help you understand your options.
Disclaimer: This article provides general legal information and does not constitute legal advice. Every immigration application must be assessed on its individual facts.