Marriage fraud for immigration purposes is a serious issue that affects many countries, including Canada. In Canada, individuals may sometimes enter into what is known as a “marriage of convenience” to facilitate immigration.
This type of marriage is arranged primarily to enable the foreign spouse or partner to gain entry into Canada and get permanent residence (PR), rather than being based on a genuine relationship.
The spouses and common-law partners of some international students may be eligible for an open work permit. An open work permit lets them work for most employers in Canada.
If the spouse already has a work permit, they can keep working as long as the permit is valid else they may be eligible for an open work permit if they live in Canada with the person sponsoring you or they have an acknowledgement of receipt that says your permanent residence application is being processed.
The Immigration, Refugees and Citizenship Canada (IRCC) has put several safeguards in place to combat marriage fraud and ensure that only genuine relationships are used to sponsor individuals for immigration. These measures are crucial because they help maintain the integrity of the immigration system and prevent abuse.
To detect and prevent fraudulent marriages, the IRCC employs a range of measures. These include rigorous document checks to verify the authenticity of marriage certificates and other related paperwork.
In addition, the IRCC may conduct home visits to assess the legitimacy of the relationship by observing the living conditions and interactions between the couple.
Interviews with both the sponsor and the applicant are also a key part of the process. These interviews are designed to probe the depth of the relationship and gather information about how well the couple knows each other.
Potential applicants are advised to carefully consider the implications of entering into a marriage for immigration purposes.
The IRCC warns against marrying someone solely for the purpose of facilitating their immigration to Canada, especially if the relationship is new, if the prospective spouse is eager to marry quickly, or if there are past patterns of multiple marriages or common-law relationships. It is also a red flag if the individual has been secretive about their background or family.
There are serious consequences for those involved in fraudulent marriage arrangements. Canadian citizens or permanent residents who engage in these schemes may face criminal charges. Furthermore, if a marriage of convenience is discovered, the foreign spouse may be refused a visa and could be barred from entering Canada for up to five years. This ban underscores the seriousness with which the Canadian government treats such fraud.
The repercussions extend beyond the immigration application process. If the marriage or relationship ends after the foreign spouse has arrived in Canada, the sponsoring Canadian citizen or permanent resident is still legally obligated to provide financial support for their spouse for a period of three years.
This requirement is in place regardless of the status of the relationship. If the sponsored spouse receives social assistance during this time, the sponsor will be required to repay the government for the financial support provided.
The IRCC’s commitment to preventing marriage fraud is evident in their stringent policies and enforcement measures. They emphasize that entering into a false marriage is not only unethical but also illegal, with significant penalties for those who attempt to exploit the immigration system.
By maintaining a robust framework for detecting and addressing marriage fraud, the IRCC aims to protect the integrity of Canada’s immigration process and ensure that it serves those who genuinely wish to build their lives in Canada.
