The Dangers Of Misrepresentation On Your Immigration Application
Lying or intentionally misleading immigration authorities when you come to Canada is a serious criminal offence, and punishable with fines or imprisonment. The fines and penalties for fraud or misrepresentation have changed substantially with the passing of changes to Bill C-24: The “Strengthening Canadian Citizenship Act”
The fines and penalties for fraud or misrepresentation have changed substantially and have been increased, after changes to Bill C-24: The “Strengthening Canadian Citizenship Act” that came into effect on June 11, 2015.
The maximum fine now for fraud or misrepresentation is now up to a maximum of $100,000, and/or up to five years in prison. This is a substantial change from the previous $1,000 and 1 year in prison.
Furthermore, Canadian citizenship can currently be revoked from a dual citizen, if the individual:
• Obtained citizenship by misrepresentation or fraud;
• Served as a member of an armed force or organized armed group engaged in an armed combat with Canada;
• Was convicted of treason, high treason, spying offences and sentenced to life imprisonment;
• Was convicted of a terrorism offence or an equivalent foreign terrorism conviction and sentenced to five years of imprisonment or more
However, Canadian citizenship will not be revoked if that would lead to an individual becoming stateless – because Canada must comply with the UN’s 1961 Convention on the Reduction of Statelessness.
One controversial aspect of this new legislation lies in the fact that the majority of revocation cases will be decided by the citizenship and immigration minister (or a delegate) instead of a Federal Court judge. The effort to make revocation “a less costly (and) more efficient process” may deny individuals the right to due process, and giving immigration officials discretion when it comes to revoking citizenship status. This suggests somehow that dual citizens are “less Canadian” and not entitled to the same rights as Canadian-born citizens.
An interesting recent political development has been the election of a Liberal government from the October 19th federal election, where the Liberals have promised to repeal this and other controversial elements of this amended citizenship law. In the meantime, the only certainty is the uncertainty of what will happen in the coming months and whether this law will be used or enforced for on-going cases.
For more information or any assistance about any of your immigration matters,contact the immigration professionals at Mamann, Sandaluk & Kingwell, and schedule a consultation to discuss your specific situation further.
Mamann, Sandaluk & Kingwell LLP is one of Canada’s leading teams in Canadian and US immigration law, helping individuals and businesses with their immigration needs since 1987. Their team of expert lawyers in Toronto and Mississauga can speak your language and provide professional and expert immigration advice, no matter your issue. For the latest immigration news, follow them on Facebook or Google+, or visit their website (www.migrationlaw.com).
About The Author:
Matt Bomer is one of Canada’s leading Canadian and US immigration lawyer. With years of experience helping individuals and businesses with their immigration needs, this expert lawyer can speak your language and provide professional and expert immigration advice in Toronto and Mississauga. He likes to share information related to Canadian immigration & nationality law through his blogs, articles & expertise.
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