Providing wrong information on your immigration application – even unintentionally – can lead to misinterpretation. This blog covers the common immigration application mistakes causing misinterpretation.

Misinterpretation is a legal term in Canadian immigration. It refers to providing information to the Government of Canada that is untrue, misleading, or incomplete and could cause an error in applying immigration law to the particular case. 

This includes information that the applicant gave or withheld directly or someone else prepared or provided on behalf of the applicant. Even if the applicant did not personally make the misinterpretation error, they might still be held accountable.

According to section 40 of the IRPA, i.e., Immigration and Refugee Refugee Act, misinterpretation is a serious offense. Not only can it lead to your application being rejected, but it can also have grave consequences, like fines and charges, being banned from applying for Canadian immigration for five years, and/ or being ordered to leave Canada. 

Misinterpretation is also one of the possible factors that can lead to revocation of Canadian citizenship. 

Some examples of misinterpretation include: 

  • Omitting, consciously or not, to include important information in your application
  • Submitting altered or false documentation 
  • Lying about your health to your physician during your medical exam 
  • Declaring employment or educational experience, you do not have  

If One Makes An Honest Mistake On Their Immigration Application, Is That Considered Misinterpretation? 

Misinterpretation can take place if an applicant has made an honest mistake. However, there is some nuance involved: 

According to its official definition: 

‘A permanent residence or a foreign national; is inadmissible for misinterpretation for directly or indirectly misinterpreting or withholding material facts relating to a relevant matter that induces/ could induce an error in the administration of the Act’. 

This implies that whether something is considered a misinterpretation depends upon the information provided or withheld and whether it is considered ‘material’ in a particular case. 

Innocent misinterpretation occurs when an applicant provides information relevant to their case that they believe to be accurate but turns out to be wrong or incomplete. 

For instance, if you mistakenly list your job start date as 2016 instead of 2018, thus adding two more years of work experience, this could be considered a misinterpretation if work experience is material to your case, even if it is just a typo. Another example would be failing to disclose a change in circumstance to IRCC like having a new spouse or a child. 

Irrespective of intent, innocent misinterpretation, if material, might have the same consequences as intentional misinterpretation. 

Some Common Immigration Application Mistakes Causing Misinterpretation

Below are some of the most common immigration application mistakes causing misinterpretation. 

1. Not Reporting Past Marriages 

You might mistakenly believe that there is no real value in reporting a previous marriage in your immigration application. However, omitting this information will most likely be considered a misinterpretation. 

For example, if you are sponsoring a partner and fail to disclose two previous marriages within five years, immigration authorities might see this as relevant to their decision. Even if the omission was unintentional, it could put your application at risk. 

2. Not Reporting Past Crimes 

Even if you don’t feel like thinking about or mentioning an offense that was committed years ago, you still must disclose this information. This applies to all criminal offenses. Failure to provide this information can result in misinterpretation. It doesn’t matter in which country the offense was committed. 

3. Failure To Report Former Military Service Or Political Activity 

You might be reluctant to disclose your previous political activity, specifically if you are uncomfortable with sharing your political leanings. 

However, for immigration purposes, it is necessary to be open and honest about previous political activity. This also applies to military service and memberships in parties and/ or political organizations. 

4. Not Reporting A Visa Refusal To Enter Canada Or Another Country 

If you have ever been denied an entry visa into a country, this needs to be disclosed in an immigration application. This rule applies for any country – not just Canada or the United States. 

If you have been denied a temporary work permit, a visitor visa, a permanent resident visa, a study visa, or any other type of visa and/ or immigration application, it needs to be mentioned in your application. 

5. Giving Approximate Information 

The last and one of the most common immigration application mistakes causing misinterpretation is giving approximate information. 

When unsure about exact information, it is tempting to give approximate dates or details. 

However, this can be risky. Authorities might find discrepancies and suspect misinterpretation. If you are uncertain about specific facts, it’s better to admit your uncertainty than to provide inaccurate information. 

By being thorough and honest in your application, you can avoid the risk of misinterpretation, including innocent misinterpretation. 

What To Do If An Applicant Has Made A Mistake In Their Immigration Application? 

The best thing to do would be to contact IRCC immediately and explain the situation. 

This is not a guarantee that the misinterpretation will be forgiven or excused. However, it is regarded favorably compared to IRCC, which independently discovered it in the application.   

If an applicant finds out about the misinterpretation through a Procedural Fairness Letter (PFL), they must write a clear and comprehensive letter to address the concerns raised by IRCC and provide as many supportive documents as possible. 

IRCC sends a PFL to an applicant before an officer makes a final decision on misinterpretation. It offers the candidate a chance to explain any inaccuracies or mistakes. 

Many candidates choose to hire a lawyer to prepare such letters and submissions to ensure they are as clear and concise as possible to avoid being accused of misinterpretation.  

If you seek information on how to begin your Canada immigration application process, you can talk to our NavaImmigration experts at 1800-918-8490, or you can drop us an email at [email protected].