What are the rules for using an immigration representative?

Applicants must declare both paid and unpaid immigration representatives to Immigration, Refugees and Citizenship Canada. This declaration is a mandatory part of the application process. The relevant form for this declaration is IMM 5476, the Use of a Representative form.

Canadian immigration law defines misrepresentation as directly or indirectly providing false information or withholding material information that can impact IRCC processes or the assessment of an application. Applicants are responsible for ensuring the information they provide is complete and accurate.

What happens if a representative is not declared?

Failing to declare a representative can lead to serious consequences, including a finding of misrepresentation and application refusal. If IRCC determines that an applicant misrepresented information by not declaring a representative, the application may be refused.

Even if an application is initially approved, the risk of misrepresentation does not disappear. Consequences could include losing permanent resident status or, in certain circumstances, citizenship obtained through misrepresentation can be revoked. IRCC can identify connections between applications using payment details, metadata, IP addresses, and other similarities.

What does a five-year ban from Canada mean for applicants?

A finding of misrepresentation makes an applicant inadmissible to Canada for five years. During this five-year period, individuals generally cannot enter Canada without special authorization and cannot apply for permanent residence. This rule applies to those found to have provided false information or withheld material information, including the use of an undeclared representative.

The Federal Court has emphasized that immigration applicants have a duty to provide complete, honest, and truthful information. Immigration, Refugees and Citizenship Canada expressly warns applicants that it may return or refuse an application if an unauthorized paid representative is used, and it will not communicate with unauthorized representatives.

What steps can be taken if a representative was not declared?

If an application is still being processed and an applicant realizes they did not declare their representative, they can submit the Use of a Representative form, IMM 5476, through the Immigration, Refugees and Citizenship Canada web form. This action may help to rectify the oversight before a misrepresentation finding is made.

If there are concerns about important information being left out or an unauthorized representative being used, applicants should consider speaking with an authorized regulated immigration consultant. Immigration, Refugees and Citizenship Canada does not currently clarify how to distinguish between someone who only gave advice and someone who represents an applicant without being formally appointed, an issue raised by expert groups.