Say you’re filling out a proof of citizenship application, and you make a mistake.
You may be wondering whether that could have consequences on your application, after submission.
Unfortunately, in this case, the short answer is yes.
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Putting wrong information on a proof of citizenship application can lead to grave consequences, depending on the type of error. In more serious cases, it can also bar you from applying again for five years, or cost you your Canadian citizenship, long after IRCC confirms it.
The reason is a legal concept called misrepresentation. Immigration, Refugees and Citizenship Canada (IRCC) treats it as a serious offence, on par with fraud, and it does not require intent.
That means it does not matter if the mistake was accidental or intentional.
What is misrepresentation?
Misrepresentation is a legal term in Canadian immigration. It describes information given to Immigration, Refugees and Citizenship Canada (IRCC) that is two things at once:
- untrue, misleading or incomplete; and
- capable of causing an error in how the law is applied to your case.
That is to say that an error, by itself, does not always constitute misrepresentation. It depends on whether the error also has the ability to impact the outcome of your case.
For example, a typo in your postal code is unlikely to change an officer’s decision. But a wrong birthplace for your grandmother can change the whole outcome, if the location of her birth is the reason you have a claim at all.
Withholding information counts too. For example, not sharing details that have an impact on your ancestor’s claim to Canadian citizenship.
So does information that someone else supplied on your behalf. If a relative filled in part of the form, or a paid helper assembled your file, and got some information incorrect, you still remain the person who signed the declaration. Therefore, it is still your responsibility to ensure the information in the application package is accurate.
Can misrepresentation happen by accident?
Yes. Innocent misrepresentation can happen if you submit something material to your claim, and it turns out to be wrong, even if you believed in it.
Take an applicant who orders a birth record for a great-grandfather, then builds a file around it.
However, an officer later notices the record submitted actually belongs to another person bearing the same name, with a different place of birth. Even if the document was submitted accidentally, it still counts as misrepresentation.
These situations are commonplace in citizenship by descent applications, where people are vouching for events they did not witness, recorded by clerks who have long since died.
Where the error is material, innocent misrepresentation can carry the same consequences as the deliberate kind.
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What are the consequences?
Misrepresentation is a serious offence.
It can lead to an application being rejected, as well as fines, charges, and being banned from applying again for five years.
Misrepresentation is also among the grounds on which Canadian citizenship can be revoked. This can happen in cases where status was obtained through fraud, false representation, incorrect documentation, or knowingly hiding material facts.
Even if you do not face larger consequences, having an application rejected can set you back by months. As of time of writing, processing time for a proof of citizenship application is 34 months. A rejected application means having to start the process again.
Where descent applications tend to go wrong
Here is a look at some errors that may be flagged as misrepresentation:
Attaching the record of a wrong ancestor. Common surnames and repeated given names run deep in French Canadian and Scots Irish families. Two cousins born in the same parish within a year of each other is not unusual.
Checking the wrong relationship box for a relative you are claiming citizenship through. The CIT 0001 form asks applicants to describe each parent as biological, adoptive, or legal parent at birth. The categories are not interchangeable, and adoption can affect whether the chain of descent holds.
Staying quiet about a renunciation. If someone in your line gave up Canadian citizenship, that is material information that can meaningfully change your case and must be accounted for. Leaving it out does not remove it from IRCC’s records.
Guessing a missing detail. The instruction guide asks applicants to write “unknown” where they do not have the information. Making an assumption instead of specifying that information is unknown can turn into a false statement.
Submitting altered records. A scan someone cleaned up in Photoshop, or an AI-edited birth certificate both count as altered documents.
What if I’ve already made a mistake?
If you have reason to believe the information you submitted is incorrect, it is best to inform IRCC at the earliest opportunity, along with an explanation of what happened. You can contact the department through the dedicated webform, after you receive your Acknowledgement of Receipt (AOR).
This is no guarantee this will solve the issue completely. But an error an applicant discloses tends to sit differently with an officer than one the officer uncovers.
Some applicants first learn of a problem through a Procedural Fairness Letter. IRCC sends these before an officer reaches a final decision on misrepresentation, which leaves the applicant a window to respond. Many applicants choose to bring in a lawyer at this stage, on the view that a careful, well-documented response is worth paying for.
Before you file
Applicants who check every date, name and place against the source document, rather than against memory, tend to catch problems before IRCC does. The same goes for leaving “unknown” where a detail genuinely is unknown, and for confirming that the person on the record is the person in the family.
If you are still unsure where you stand, a licensed immigration lawyer may be able to give you personalized advice.
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