MPNP and Misrepresentation

The Manitoba Provincial Nominee Program (MPNP) is one of the best and easiest ways for Permanent Resident status. The Manitoba government helps thousands of Skilled Worker, Investors and Entrepreneurs every year to achieve their goals of settling in Canada. The steps to Permanent Resident (PR) status can be arduous for many applicants who are looking for a quick and easy way to move to Canada. One of the issues that applicants face is misrepresentation, per Section 40 of IRPA.

Under Canadian immigration law, the legal definition of “misrepresentation” is broad and covers both direct as well as indirect misrepresentation. This means that applicants may be subject to a 5-year ban from Canada even when their representative is at fault.

Fraudulent claims for provincial nominees is a problem across Canada. Recently, the program in PEI has been under (another) investigation due to applicants who are providing incorrect information to the government. As reported by the National Post:

A second federal probe is underway in Prince Edward Island alleging hundreds of people gained permanent residency in Canada by using local addresses where they didn’t live, under a provincial business immigration system that’s faced criticism for loose oversight.

This issue may be a problem for both applicants and representatives should they find that the representatives knowingly assisted these applicants to mislead the government.

The allegations, which have not been proven in court, come just two months after two Charlottetown hoteliers were charged with aiding in immigration fraud, with the CBSA alleging 566 immigrants used the addresses of the siblings’ hotel and home.

This case is similar to another case from British Colombia. In that case, representatives provided fake documents to Chinese citizens in order for them to qualify for the program. The agency in Vancouver is also under investigation by the police:

Last year, Chinese immigrants in Vancouver were sentenced to jail and fined for immigration fraud involving 1,600 immigrants for fraudulently helping them obtain permanent residency by measures that “included creating the fictitious appearance of Canadian residency.”

The CBSA says that to date it can confirm 81 deportations from that case, with orders to remove 160 other people, with some appeals pending.

Fraud and misrepresentation is not tolerated under Canadian law; however, applicants have the right to due process. In circumstances where the allegation is unfounded and/or there are mitigating circumstances, we advocate for applicants to have their cases reconsidered so that they are able to stay in Canada.

MPNP Investors Conference

Thank you for all those who attended or participated in the EB5 Immigration Investors conference in Las Vegas. In particular, I want to thank those who attended my panel on Canada – MPNP Investors’ streams. The conference was a great opportunity for professionals from around the globe to connect on projects and to share ideas. Increasingly, clients are looking global for immigration solutions and our panel on international options was extremely well attended (standing room only!). Initially, they may be focused on New York or Miami and then, when they explore Canadian options, they need experienced counsel to guide through Canadian immigration law.

MPNP Investor

We were able to connect with lawyers, agents and other professionals from India, China, Vietnam, UK, Hong Kong, Cypress, Grenada and many other jurisdictions. Overall, the EB5 conference was a huge success and all the staff at Clarke Immigration Law is excited to work with business leaders and investors.

During our panel on MPNP, we received many good questions on the program. As noted by the Manitoba government, the Business Investor Stream reopened in Q1 of 2018 (Entrepreneur Pathway). The government has continued to focus on strong applications that includes evidence from investors who genuine interest in Canada and a sound track record of solid business acumen.

On a side note, I will add that Las Vegas was a lot of fun. At Clarke Immigration Law, we firmly believe in building relationships. Our personal connections with professionals from around the world help our clients and the benefits of networking go both ways. I look forward to making good referrals to our new connections and I hope if we receive referrals that we will handle the matters to fruition.

MPNP Investor

If you would like a copy of our MPNP Investors Powerpoint presentation from the conference, please contact Heavenly in our office. She may be able to assist with that request.

If you are interested in retaining our services for an MPNP Investor/ Entrepreneur application, please contact our office directly. We guarantee that a staff member will return your request in a timely fashion.

For more information on the EB5 conferences, please click here to navigate their website. They have recently put up a video from the conference. The next conference will be held in Vietnam next month and I wish the best to all the speakers and presenters.