Spousal Sponsorship Immigration fraud may mean changes to the system

Spousal Sponsorship process changes may be on the way

Countries like Australia and England require that a sponsored person live with their spouse for three years before being given permanent resident status, which is what a Toronto-area MP said he’d like to see implemented in Canada to help prevent marriage fraud.

Bramalea-Gore-Malton Liberal MP Gurbax Singh Malhi said that within his riding alone, he hears of between two and three instances each month of spousal sponsorship where once the spouse comes to Canada, they disappear.

The case of Ashpreet Badwal, a resident of Toronto, has been published in several different media outlets over the past few days. Badwal met her husband online, flew to India to marry him and tried to sponsor him, but was rejected on the grounds that it was suspected to be fraudulent. She appealed and won, granting her husband permanent residence. But when she went to pick him up at the airport, he never showed and called her to tell her he wasn’t meeting her.

Because Badwal sponsored her husband, she is also legally responsible for him for three years.

The MP has sent a letter to Citizenship, Immigration and Multiculturalism Minister Jason Kenney asking for the husband to be deported immediately.

Immigration fraud through marriage, or marriages of convenience (MOC) , most importantly make it even more difficult for those who are trying to sponsor their loved ones to come to Canada after much time apart for legitimate reasons.

Whether these proposed changes do take place, the current reality is that Visa Officers stationed at Canadian Embassies take an increasingly strict approach to processing spousal sponsorship applications. For a successful application, it is essential to have a well documented application package and for the applicant to perform well at his or her interview overseas–otherwise you will likely find yourself in appeals court.

Have a question about Spousal Sponsorship? Contact Niren and Associates immigration law firm for more information.

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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.

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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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