Toronto Star Reports On Government Efforts Against Marriage Fraud

Posted on May 2, 2013 by CICS Immigration Team

Efforts by Citizenship and Immigration Canada, the Canada Border Services Agency and the RCMP seem to be reducing the number of fraudulent marriage sponsorships (Ra Boe)

The Toronto Star, the most widely circulated newspaper in Canada, published a story on Wednesday that describes the marriage sponsorship fraud that authorities are clamping down on and some of the obstacles the anti-abuse measures are imposing on Canadians seeking to sponsor foreign spouses.

The article, by the Toronto Star’s immigration reporter, Nicholas Keung, profiles Sarem Soomro, whose marriage sponsorship application was rejected by Canadian immigration officials due to the education and age gap between the younger, high-school educated, Soomro, and his Pakistani wife, who has a degree in economics.

Despite showing logs of Facebook chats, wedding photos, receipts, and a wedding certificate, authorities did not accept the sponsorship application.

In another case, a spouse who was already living in Canada while the sponsorship application was being reviewed received a surprise visit at her home which convinced the Canada Border Services Agency (CBSA) that the marriage was a fraud:

That occurred in a case where border officers noticed the address on Xiu Yi Xuan’s driver’s licence was different than the address of her Canadian husband.

In a scene reminiscent of the 1990 romantic comedy Green Card, about a marriage of convenience, the Canada Border Services Agency made an unannounced visit to the couple’s Markham home to investigate.

Xuan, a failed refugee claimant from China, was home at the time and unable to produce her husband’s toothbrush (she claimed they shared one). She couldn’t say whether her husband used an electric razor or a disposable one, nor could she show the officer any evidence of his socks or underwear.

Despite other indications it was a genuine marriage — joint bank accounts, joint insurance, joint donations and ownership of a Stouffville property — Xuan was arrested. The couple’s spousal sponsorship was rejected and, most recently, their appeal to Federal Court denied.

The two types of immigration fraud that Citizenship and Immigration Canada (CIC) encounters, Keung notes, are cases where a foreign national manipulates and defrauds a Canadian, in order to get sponsored by them for permanent residence, and then leaves them once they have gotten what they wanted, and cases of collusion between the Canadian and the foreign national, where both understand that the primary purpose of the marriage is to provide the foreigner with Canadian permanent residency.

CIC has made changes to sponsorship rules to reduce the incidence of the first type, including instituting an initial two year probationary permanent resident status for sponsored spouses. Under the new rules, if the foreign spouse leaves their Canadian partner within that two year period, due to reasons other than neglect or abuse, their conditional permanent residency status is repealed.

The RCMP has had some successes prosecuting crime rings involving the second type of marriage fraud, including one where nearly 300 Canadian women, mostly of Haitian descent, were sponsoring men from North Africa in exchange for money.

The changes by the involved government agencies seem to be having an effect, with more people being deported on charges of sponsorship fraud annually, and a higher percentage of marriage sponsorship applications being found inadmissible due to lack of evidence of a genuine marriage.

Canadian Immigration Department Releases TV Ad Warning of Marriage Fraud

Posted on March 20, 2013 by CICS Immigration Team

A new television ad warns Canadians that their foreign spouse could just be using them to get a ticket to Canada (Citizenship and Immigration Canada)

Citizenship and Immigration Canada (CIC) began airing a television ad today warning Canadians of the dangers of marriage sponsorship fraud.

The ad tells Canadians that some foreign individuals seek out Canadians and feign genuine affection for them, in order to convince the Canadian to marry them and sponsor them for permanent residence.

The ruse is part of a ploy to get into Canada, something that would otherwise require meeting the federal government’s stringent and often unattainable requirements.

Victims of marriage fraud are legally responsible to pay for any social assistance that their foreign spouse uses while in Canada for a period of three years, which can cost them tens of thousands of dollars per year.

CIC also posted a seven minute video on its website today recounting the story of three Canadians who were victims of marriage fraud: an Anglophone woman, a Francophone man, and an Indo-Canadian Anglophone man, showing that this crime can affect any one.

The video (below) and the 30 second television ad (bottom) can be seen here:

New rules

CIC instituted a new rule last October requiring that a foreign spouse who has not had a child with their Canadian spouse be required to be in a relationship with their spouse in Canada for two years before they are granted full permanent residency status.

For the two year period, the foreign spouse can live in Canada under a provisional permanent resident status, that can be revoked if the relationship does not last the whole period, unless there is evidence of abandonment or abuse by the Canadian spouse.

In March 2012, CIC also began barring individuals who had been sponsored as a spouse or common-law partner, from sponsoring a new spouse or common-law partner for five years.

The new rules were motivated by the fallout from stories from Canadians like Lainie Towell, who brought national attention to the issue of marriage fraud in 2009, when she went public with allegations that her Guinean husband left her 29 days after arriving in Canada, in 2007.

Canadian Immigration Department Enacts New Marriage Sponsorship Rules

Posted on October 26, 2012 by CICS Immigration Team

Under rules announced today, sponsored spouses will receive conditional permanent residence upon arriving in Canada and be required to live with their spouse or partner for two years to receive full permanent residence

Citizenship and Immigration Canada (CIC) introduced new spousal immigration sponsorship regulations today to reduce the incidence of marriage fraud. The new rules require sponsored spouses who have no children with their sponsor to be in a live-in relationship with their spouse for two years to get full permanent residence status.

Under rules in place until today’s announcement, a sponsored spouse received permanent residence on the day they arrived in Canada, and subsequently could leave their spouse and retain their residency status in Canada.

Calls to reform immigration sponsorship rules have increased as several high-profile cases, like those of Lainie Towell and Heinz Munz, have brought the issue of foreign spouses leaving their Canadian husbands and wives soon after arriving in Canada to the public’s attention.

The new rules will not apply to sponsored spouses who have a child with their sponsor on the date of their spousal sponsorship application submission. The regulation also includes an exemption for sponsored spouses or partners who suffer abuse or neglect from their Canadian partner or someone related to their partner.

Those not exempt from the regulation must be in a relationship with their sponsoring spouse or partner for two years from the date that they receive their permanent residency or have their status in Canada revoked.

“I have consulted widely with Canadians, and especially with victims of marriage fraud, who have told me clearly that we must take action to stop this abuse of our immigration system,” said Citizenship and Immigration Minister Jason Kenney in announcing the new rules.

“Sometimes the sponsor in Canada is being duped and sometimes it’s a commercial transaction. Implementing a two-year conditional permanent residence period will help deter marriage fraud, prevent the callous victimization of innocent Canadians and help us put an end to these scams.”

Until today’s announcement, Canada was one of the few countries that did not have an initial conditional permanent residence period for foreign nationals sponsored for immigration by a spouse, and consequently, CIC says was considered a “soft target” by criminal organizations seeking to exploit Canadian immigration rules.

Several large-scale marriage scams have been uncovered in recent years, including the case of over 600 people involved in trading marriage sponsorships for money between 2007 and 2009.