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Introduction
Marriage fraud in Canadian immigration occurs when an individual enters into a marriage or common-law relationship primarily to gain immigration status rather than to build a genuine partnership. This fraudulent activity is a serious concern for Canadian immigration authorities and can lead to significant legal consequences, including deportation, legal penalties, and financial liability for the parties involved.
This article outlines what constitutes marriage fraud, its legal consequences, and the steps a sponsor can take if they suspect fraud, ensuring compliance with Canadian immigration laws and Immigration, Refugees and Citizenship Canada (IRCC) policies.
What Constitutes Marriage Fraud?
Marriage fraud occurs when a marriage or common-law relationship is entered into with the primary purpose of securing immigration status in Canada. This fraud generally falls into two categories:
- Immigrant-Initiated Fraud: A foreign national enters into a marriage or common-law relationship with a Canadian citizen or permanent resident solely to obtain immigration benefits, without a genuine intent to build a life together.
- Sponsor-Initiated Fraud: A Canadian citizen or permanent resident marries a foreign national to help them immigrate, often in exchange for money, gifts, or other benefits.
Under Section 4(1) of the Immigration and Refugee Protection Regulations (IRPR), a marriage or common-law relationship will not be recognized for immigration purposes if it is determined to have been entered into primarily for the purpose of acquiring status in Canada.
Consequences of Marriage Fraud
If IRCC determines that a marriage is fraudulent, the consequences can be severe for both the foreign national and the Canadian sponsor.
For the Foreign National (Sponsored Person), Consequences May Include:
- Deportation and Immigration Ban: The foreign national may be deported and barred from reapplying for Canadian immigration for five years due to misrepresentation (Immigration and Refugee Protection Act (IRPA), Section 40(1)(a)).
- Criminal Charges: Fraudulent activity could result in criminal charges under the Criminal Code of Canada.
- Loss of Permanent Residency or Citizenship: If fraud is proven, IRCC may revoke permanent residency or citizenship through a Federal Court process.
- Sponsorship Ineligibility: The foreign national may become ineligible to be sponsored again in the future.
For the Canadian Sponsor, Consequences May Include:
- Financial Liability Despite Fraud: The sponsor remains financially responsible for the sponsored spouse for three years, even if the marriage ends in divorce or fraud is later discovered (IRPR Section 132(1)).
- Loss of Sponsorship Privileges: A sponsor found complicit in marriage fraud may be banned from sponsoring anyone else in the future.
- Criminal Consequences: If the sponsor knowingly participated in fraud, they could face fines or imprisonment of up to five years. Additionally, Section 292(1) of the Criminal Code of Canada makes it an offense to enter into a marriage for the purpose of assisting someone in gaining immigration status.
Detection of Marriage Fraud
Canadian immigration authorities use various methods to detect marriage fraud and ensure that only genuine relationships receive immigration benefits. These include:
- Detailed Relationship Questionnaires: Sponsors and applicants must provide documented evidence of their relationship, such as photos, messages, travel records, and shared financial obligations.
- Interviews with Immigration Officers: Couples may be interviewed separately to compare responses about their relationship.
- Anonymous Tips and Reports: Concerned individuals can report suspected fraud through the IRCC Fraud Tip Line.
- Ongoing Monitoring: While IRCC no longer imposes “Conditional Permanent Residency,” they continue monitoring cases where red flags are present.
What Should a Sponsor Do If They Discover Marriage Fraud?
If a sponsor suspects or discovers that they have been deceived or used in a marriage fraud scheme, they should take the following steps:
- Document Everything: Keep detailed records of all interactions, financial transactions, and any evidence suggesting the marriage was not genuine. This documentation is crucial if legal action is necessary.
- Contact Immigration Authorities: Report suspected fraud to IRCC through the IRCC Fraud Tip Line or by contacting them directly. Providing substantial evidence will aid in their investigation.
- Consult a Lawyer: Seek legal advice from an immigration lawyer to understand the legal implications and navigate potential legal proceedings.
- Consider Annulment or Divorce: If fraud is proven at the time of the marriage or if the marriage was never consummated, an annulment may be possible. Otherwise, a divorce legally ends the marriage but does not necessarily relieve the sponsor of financial obligations.
- Cooperate with Investigations: If IRCC launches an investigation, fully cooperate and provide all requested information and documentation.
Potential Outcomes
Marriage fraud can significantly impact a sponsor’s financial and emotional well-being:
- Financial Liability: Sponsors are legally bound to provide financial support for three years, even if fraud is discovered, unless granted an official exemption by IRCC.
- Legal Repercussions: If marriage fraud is confirmed, the foreign national may face deportation, and the sponsor may be released from legal obligations, though financial liability may remain depending on the terms of the sponsorship agreement.
Under IRPR Section 132(1), the sponsor’s undertaking requires them to reimburse the Canadian government or a province for any social assistance benefits provided to the sponsored spouse during the sponsorship period.
Impact on the Sponsor
While the foreign national may face severe consequences, the sponsor may also be affected:
- Financial Burden: The sponsor may still be financially responsible for the sponsored individual depending on the sponsorship agreement’s duration.
- Emotional and Social Impact: Discovering marriage fraud can be emotionally distressing, and the sponsor may face social stigma or family challenges.
Conclusion
Marriage fraud is a serious offense under Canadian immigration law, with significant legal and personal consequences for both the foreign national and the sponsor. If a sponsor suspects they have been deceived in a marriage fraud scheme, they should:
- Document all relevant information.
- Contact immigration authorities.
- Seek legal counsel.
- Consider legal options such as annulment or divorce.
- Cooperate fully with investigations.
Taking these steps can help sponsors protect their rights and contribute to the integrity of Canada’s immigration system. Arcstone Law assists individuals who may have been used for marriage fraud or those facing a marriage fraud investigation from Canadian immigration authorities. You can contact us by email at admin@arcstonelaw.com or book a consultation on our website. All legal services are rendered through Arcstone Law, a corporation.
