In this critical episode of the Canadian Immigration Podcast, Mark Holthe and Alicia Backman-Beharry dive deep into one of the most overlooked yet high-stakes sections of the Express Entry process: the statutory information questions in your eAPR. Whether you’re answering questions about criminal history, prior visa refusals, or previous refugee claims, one careless answer—or a failure to disclose—can result in a finding of misrepresentation and a five-year bar from Canada.
Mark and Alicia walk through real-world scenarios, key case law, and provide actionable advice for how to navigate this sensitive part of the application. This episode is a must-listen for anyone preparing to submit their Express Entry application and unsure how much to disclose.
🔎 If you’ve ever asked yourself, “Do I really have to include that old visa refusal?”—you need to hear this.
⚖️ The Legal Weight of Statutory Questions
Why your answers are bound by law under Section 16(1) of the Immigration and Refugee Protection Act.
What counts as “inadmissibility” under Section 41—even without a conviction.
🚨 What You Must Disclose—Even If You Think It’s Not Important
Arrests with no charges, expunged records, or youth offences: They still matter.
Refusals of TRVs, study permits, PNP applications, and even refugee claims abroad.
How failing to disclose an old U.S. visa denial triggered misrepresentation.
📝 Letters of Explanation (LoEs): Your Best Protection Against Misrepresentation
When and how to submit LoEs if you’re not sure how something will be interpreted.
What details must go in: dates, reasons, outcomes, and documentation.
📉 Why Misrepresentation Doesn’t Require Intent
Even honest mistakes or forgetting one past refusal can lead to a 5-year ban.
The dangers of relying on memory—or assuming IRCC “already knows.”
💡 Practical Tips for Safer Submissions
Always answer “Yes” if there’s any doubt, and explain later.
Confirm information with your family—especially if you were a minor when events occurred.
Understand that “No Live Trace” in UK criminal checks may still require disclosure.
✅ Every statutory question must be answered truthfully and completely.
✅ “No intent to mislead” is not a defence if you get it wrong.
✅ LoEs are your best tool to explain complex histories and protect your application.
✅ Previous disclosure in past applications doesn't excuse omitting it now.
✅ Full honesty upfront is better than scrambling to fix a refusal or ban later.
📢 Mark Holthe: “You never want to leave anything up to the discretion of an officer. One wrong click on ‘No’ instead of ‘Yes’ could cost you five years.”
📢 Alicia Backman-Beharry: “You might think the system already knows. But legally, you have to tell them again. Every time.”
Links and Resources
Subscribe for More
Stay up-to-date with the latest in Canadian immigration by subscribing to the Canadian Immigration Podcast on iTunes, Spotify, or YouTube. Don’t miss future episodes on policy changes, strategies, and practical advice for navigating Canada’s immigration process.
Disclaimer
This episode provides general information about Canadian immigration and is not intended as legal advice. For personalized assistance, consult an immigration lawyer.
