Victim of Marriage Fraud

Q: Is it better to go through a lawyer, or should I write a letter myself?
A: While it is preferable to send the letter of inquiry through an Immigration Lawyer, you can write the letter yourself. In your letter, provide clear details of what happened, along with the rules and regulations from the IRPA Act, which were broken, list of parties involved, as well as evidence, and any other relevant information. We have volunteers committed to help individuals, who are victimized, and will assist you with the preparation of the material. There is no guarantee of receiving of reply if the material is sent through a lawyer.

Q: Which rules and regulations from the IRPA Act are normally violated in Immigration fraud cases?
A: The main rules and regulations that we have come across, in these types of cases, are the following:
– Section 4(Bad faith) of the IRPA specifically states that:
“For the purposes of these Regulations, a foreign national shall not be considered a spouse, a common-law partner, a conjugal partner or an adopted child of a person if the marriage, common-law partnership, conjugal partnership or adoption is not genuine and was entered into primarily for the purpose of acquiring any status or privilege under the Act.”
- Section 40(Misrepresentation) of the IRPA specifically states that:
“A permanent resident or a foreign national is inadmissible for misrepresentation
(a) for directly or indirectly misrepresenting or withholding material facts relating to a relevant matter that induces or could induce an error in the administration of this Act;
(b) for being or having been sponsored by a person who is determined to be inadmissible for misrepresentation;
(c) on a final determination to vacate a decision to allow the claim for refugee protection by the permanent resident or the foreign national; or
(d) on ceasing to be a citizen under paragraph 10(1)(a) of the Citizenship Act, in the circumstances set out in subsection 10(2) of that Act.”
- Section 41 (Non-compliance with Act) specifically states that:
“A person is inadmissible for failing to comply with this Act
(a) in the case of a foreign national, through an act or omission which contravenes, directly or indirectly, a provision of this Act; and
(b) in the case of a permanent resident, through failing to comply with subsection 27(2) or section 28.”

Q: What are the most common forms of misrepresentation?
A: The most obvious form of misrepresentation, that is applicable in almost all cases, is that the spouse withheld material information from you (before coming to Canada), and Citizenship and Immigration Canada, about their intentions of marrying you (for the purpose of gaining entry into Canada). For example, if your spouse personally informed you, in-person, that they came to Canada for PR status, a sworn statement in the form of an Affidavit or a Statutory Declaration Form, would be helpful to declare this fact. This affects the administration of the spousal sponsorship process, as an Immigration officer would have rejected the spousal sponsorship, had he/she known that the intentions were based on 'bad faith'. In the application forms, some of the sponsored persons lie about their criminal history, and education, which is in question #9 and #10 in Schedule 1. The sponsored persons get a fake degree(s) or diploma(s), and/or make a bribe to get police clearance. If you are able to show that their education credentials are false or have criminal history, then you will also be able to show the misrepresentation.

Q: Where should I send my letters of inquiries/complaints?
A: The letter of inquiry/complaint should be sent to the Case Processing Centre, where your application was processed, as well as a letter to the Minister of Citizenship and Immigration Canada. A phone call and a letter to the Canadian Border Services Agency (CBSA) should be made.

We have volunteers committed to assist you with the preparation of the material. Our recommendations are as follows:
1 – Letter of inquiry / complaint
2 – Provide a timeline of events, by date, to explain the situation
3 – List all the parties involved, and their relations
4 – Statutory Declaration Form
5 – Evidence (audio/video recording(s), affidavit(s), statement(s), fake document(s), etc.)
6 – Information regarding the spouse’s Identity (For e.g.: Full Name, PR Card Number, SIN Card number, Birth Date, Address, etc.)

If there is no reply back within a month, it is a good idea to push them matter, by contacting your local MP, or outside MPs. You should contact the Minister of Public Safety, Minister of Foreign Affairs, President of the CBSA, and the office of the Prime Minister for assistance.

Q: I am a Marriage Fraud victim, and am now separated from my spouse. Does this mean that I have no responsibilities towards my spouse?
A: Unfortunately, you signed a 3-year undertaking (10 years, if it was before 2002) in the sponsorship agreement, so if your spouse is in need of

government assistance, you are financially responsible for the 3-year period (10 years, if it was before 2002). There could be situations where the Minister and/or the province may not enforce the payments, for e.g. if you may have been abused by the sponsored person, or if you are on social assistance yourself, or other exceptional circumstances.

Q: Can an annulment help me to deport my fraudulent spouse?
A: Obtaining an annulment is not easy, though it has been done a number of times. An annulment can help to deport your spouse, and strengthen your case with Immigration Canada. An annulment is only granted to those who are eligible, and the grounds for annulment may vary, from province to province. The common ground for annulment is that the Marriage was not consummated. Marriage of convenience is not a proper ground for annulment, but it can be tied together affectively with the marriage non-consummation, to increase the chances of winning the case. By winning an annulment case, you were able to prove that the marriage never existed. The basis for the sponsored person to come to Canada was due to the spousal sponsorship, but if it was shown that in courts that the marriage never existed, there is no reason for the sponsored person to remain in Canada, as he/she is not considered to be a member of the family class. If you were successful, you must follow up with Immigration Canada.

Q: My spouse is presently on Social Assistance. What can I do, so that I will not have to pay all of this money back to the government?
A: Social Assistance is supposed to be the very last resort for financial assistance, after being exhausted of all possible financial resources. If your spouse is currently on social assistance, you should do your best to find him/her a self-supporting job, so that the social assistance is not necessary. Unfortunately, many victims do not know the whereabouts of their spouse, or know whether the sponsored person is/was on social assistance, since there is no proper notice given.

Q: I am not a victim, but I do feel bad for this injustice that is happening to more and more Canadians. What can I do to help?
A: There are various ways in which you can help us. We are always looking for volunteers to help us with Immigration Marriage Fraud projects, and your help would be greatly appreciated. From time-to-time, we have meetings, and protests. If you are concerned about this issue, which is spreading like an epidemic, a letter to the minister of Citizenship and Immigration Canada, office of the local MP, and Prime Minister, are some ways to help us.