Penalty for misrepresentation increases

IMPACT – MEDIUM

What is the change? The penalty for misrepresentation has increased from a two-year to a five-year period of inadmissibility under Canada’s Faster Removal of Foreign Criminals Act.

What does the change mean? Foreign nationals traveling to Canada should take note of the increased penalty.

• Implementation timeframe:
• Visas/permits affected: All visas and permits required to enter, live or work in Canada.
• Who is affected: Anyone applying for a visa or permit to enter, live or work in Canada.
• Impact on processing times: Those found to have committed misrepresentation will not be eligible for immigration admission to Canada for five years and will be prohibited from applying for permanent residence of Canada during that period.
• Business impact: To the extent that this provision and other provisions in the Faster Removal of Foreign Criminals Act can reduce illegal activity, the law may contribute to a healthier business environment in Canada.
• Next steps: The provision of the law took effect Nov. 21.

Background: Besides increasing the penalty for misrepresentation, the Faster Removal of Foreign Criminals Act:

• Bars temporary entry to immediate family members of those inadmissible for serious reasons, including family members of those who threaten national security, have violated human or international rights or are involved in organized crime.
• Shortens the time it takes to remove non-Canadians who have been sentenced to more than six months imprisonment.
• Prevents non-Canadians who have committed serious crimes either in Canada or abroad from filing an appeal in some criminal cases.
• Bars those who are ineligible on serious grounds (national security, human- or international-rights violations, organized crime) access to programs designed for cases deserving of humanitarian and compassionate consideration.

BAL Analysis: Foreign nationals traveling to Canada should be aware that it is a serious crime to provide false information on an immigration application or during an interview with a CIC officer or to submit false information or documents to Citizenship and Immigration Canada.

This alert has been provided by the BAL Global Practice group and our network provider located in Canada. For additional information, please contact your BAL attorney.

Copyright © 2016 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.