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.