Canada Border Services Agency cracking down on marriage fraud for immigration

New documents show that from 2008 to 2010, the Canada Border Services Agency has opened 39 different investigations into marriage fraud for immigration purposes according to this article in the Winnipeg Free Press.

While 39 cases doesn’t seem like a lot, many fraudulent marriage cases have similarities or often involve the same people who help provide fraudulent documents and will help lead investigators to more.

However, the agency is without the proper tools it requires to successfully crack down on marriage fraud. Only three of the 39 cases resulted in convictions and many are still open.

Not all fraudulent marriages for immigration purposes are considered large criminal acts. For example, someone who uses a Canadian sponsor to get them into Canada and then leaves them immediately is usually tracked down and deported, if possible. But if both parties in the marriage are willingly engaging in fraud, then criminal charges may be laid.

The documents were obtained through the Access to Information Act.

The Conservative Government is currently trying to create regulatory changes that would make those spouses who are being sponsored to Canada stay in the relationship for at least two years before they get permanent residency status.

Sponsoring a spouse to come to Canada is a big decision. The majority of spousal sponsorships are wonderful ways to reunite families and relationships, but the sponsor is usually on the hook should anything go wrong. That’s why it’s important to talk to an immigration lawyer during your spousal sponsorship process.

Any information provided here does not constitute legal advice and is intended for general information only. Should you require legal advise, you are encouraged to contact a lawyer directly. All blog postings are public and are not subject to solicitor/client confidentially. Case results depend on a variety of factors unique to each case, and case results do not guarantee or predict a similar result in any further case undertaken by the lawyer.

Tags: Canada Border Services Agency immigration fraud marriage fraud Spousal Sponsorship

About Michael Niren

Michael is a graduate of Osgoode Hall Law School in Toronto. He is a member of the Law Society of Upper Canada, the Canadian Bar Association’s Citizenship and Immigration Section and the American Bar Association. He is frequently called upon to appear in the media to discuss Canadian and US immigration issues effecting North Americans. He has been interviewed by Canada AM, CTV, Canada News Net, the Globe and Mail and the Toronto Star and has given lectures on immigration topics overseas.

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