After years of struggling to get my wife and eventually our daughter to canada from philippines, she left me to start her own life..in the first year of her leaving me it became clear she had planned to leave me once she got here while i also found out she was committing tax fraud by declaring significantly less on her income tax return than what she had actually made..she did this in hopes of qualifying for legal aid to fight me in family court for full custody of our daughter, during proceedings in family court she again claimed to make alot less income than the reality in order to get more from me for child support. I have reported her to revenue canada with no response from them..i am reporting her now to criminal court for perjury because she continues to claim a very small amount for her 2022 income tax. She is also collecting maximum benefits due to her claimed low income for 2022 which includes child tax credit, gst, grocery rebate as well as other benefits and credits she should not qualify for. My question is, if convicted, will she risk being deported from canada? We have a child together and i am concerned about how this will effect our daughter if she is convicted and deported from canada..any information is appreciated..thank you
After arrivi g in canada, my sponsored wife left me and committed income tax fraud
- Thread starter llotek
- Start date
Under s. 64 of the Immigration and Refugee Protection Act, S.C. 2001, c. 27, provides thus.
64 (1) No appeal may be made to the Immigration Appeal Division by a foreign national or their sponsor or by a permanent resident if the foreign national or permanent resident has been found to be inadmissible on grounds of security, violating human or international rights, serious criminality or organized criminality.
(2) For the purpose of subsection (1), serious criminality must be with respect to a crime that was punished in Canada by a term of imprisonment of at least six months or that is described in paragraph 36(1)(b) or (c).
I'll say more in next post.
A fairly recent BC case placing the above in context (but not addressing your situation) is here:
https://www.bccourts.ca/jdb-txt/ca/21/04/2021BCCA0403.htm
R. v. Stampp, C.A., Butler J.A. (In Chambers), 2021 BCCA 403, Vancouver CA47737, October 15, 2021 (oral), 6pp..
https://www.bccourts.ca/jdb-txt/ca/21/04/2021BCCA0403.htm
R. v. Stampp, C.A., Butler J.A. (In Chambers), 2021 BCCA 403, Vancouver CA47737, October 15, 2021 (oral), 6pp..
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If you have reported to the CRA and directed them to any evidence to support what you allege, very likely they will follow up. They won'r report to you. You won't get a response from CRA.
How have you reported her to criminal court for perjury? Have you talked to Crown counsel? I see scant prospect of the Crown pursuing any kind of criminal charge at this point for reasons too numerous to set out here. Right now, it's a tax matter and the Crown will leave it to the CRA.
It is very unlikely your wife will face a criminal prosecution for tax fraud or any such thing. If that were done, half of the Canadian population would be in jail. The CRA will audit her, or, more likely, simply proceed to reassess her without audit and tell her what she owes, plus interest and penalties. So, in the end, a criminal proceeding is highly unlikely, never mind one that will lead to a conviction and sentence that will threaten her PR status.
Many people getting divorced claim the other side is not telling the truth, and claim that's perjury, and its almost never prosecuted. The legal criteria for perjury is very different. Focus on getting a clean divorce and move on. In reality you would not want her deported. It would make your future life complicated. If you meet a new person, if they find out your previous spouse was deported because you reported them, it wont go well. Its best to move on. Also whatever happens your daughter needs both parents. Things are easier if your ex spouse is in Canada and you can work out custody.
Good advice. However, it's not clear to me that the poster is seeking deportation. In fact, he seems to suggest that he sees it as a possibility and worries about the potential fallout should it occur. I refer to the passage below:
The above leads me to believe he's not out for revenge, at least not in the form of deportation.
The whole debacle is a bit of an unfortunate mess. The wife seems to have a plan to remain in Canada and, at the same time, to evade taxes, gain taxpayer-funded benefits to which she may not be entitled, and to take as much as she can from her husband. He mentions her seeking to max out child support. He will very likely also be on the hook for spousal support unless he can show that she has deeper pockets than he does, which seems unlikely.
You’re confusing immigration fraud & tax evasion. They are totally separate.
It would have to be EXTREMELY serious in the tax evasion department to get them deported .
Manipulating their taxes to claim benefits doesn’t fall under that . They’d be subject to interest penalties, deportation , no
https://www.canada.ca/en/revenue-agency/programs/about-canada-revenue-agency-cra/compliance/combat-tax-crimes.html
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He may not really be confused. Tax fraud can result in a criminal conviction. A criminal conviction can result in deportation of a permanent resident by application of s. 64 of the Immigration and Refugee Protection Act I cited above. It can occur at anytime one is living in Canada as a PR. Here's more on the topic:
[60] A permanent resident will be rendered inadmissible for serious criminality in circumstances set out in s. 36(1)(a) of the Immigration and Refugee Protection Act, S.C. 2001, c. 27 [IRPA]:
36(1) A permanent resident or foreign national is inadmissible on grounds of serious criminality for
(a) Having been convicted in Canada of an offence under and Act of Parliament punishable by a maximum term of imprisonment of at least 10 years, or of an offence under an Act of Parliament for which a term of imprisonment of more than six months has been imposed.
[61] Sexual assault carries a maximum penalty of 10 years or more, and having entered guilty pleas to two counts of sexual assault, Mr. Ramzan is inadmissible to Canada on the basis of serious criminality and subject to a removal order. The Immigration Appeal Division of the Immigration and Refugee Board has the power to stay a removal order on humanitarian and compassionate grounds.
[62] The availability of an appeal to the Immigration Appeal Division is dictated by the length of imprisonment imposed. An effective term of imprisonment of more than six months would render Mr. Ramzan inadmissible for serious criminality and he would lose his right of appeal and be placed at substantial risk of being deported to his country of origin. A CSO is not considered a term of imprisonment for the purposes of s. 36(1)(a) of the IRPA and would not lead to inadmissibility or a loss of appeal rights: Tran v. Canada (Public Safety and Emergency Preparedness), 2017 SCC 50.
[63] Mr. Ramzan’s eligibility for citizenship would also be impacted by a sentence of imprisonment of more than six months. A person is not eligible to be granted citizenship or take the oath of citizenship while subject to a removal order, serving a term of imprisonment, being on parole or under a probation order and is not eligible to apply for citizenship for four years following a conviction for an indictable offence. Time in custody, on parole or probation does not count as presence in Canada for the purposes of residency requirements under the Citizenship Act, R.S.C. 1985, c. C-29.
See https://www.bccourts.ca/jdb-txt/sc/22/02/2022BCSC0222cor1.htm
R. v. Ramzan S.C., Duncan J., 2022 BCSC 222, New Westminster X083324, February 9, 2022 (oral), 29pp.
Also, I corrected the link I gave for another case, supra.
Reporting someone for tax evasion which costs all of us , you know the ones that play by the rules , isn’t revenge.
It’s doing the right thing . I’d report my own family members if I thought they were evading taxes .
He did the right thing . And you forgot to mention the mother doing the tax evasion. Isn’t kinda setting the right example for her kids . She’s not above blame
As I noted already, it's by no means clear the OP is looking to get his wife deported. He has, however, reported her for not declaring income. While spouses reporting spouses for income tax fraud is not the norm, this is not a normal spousal relationship and I fail to see how anyone can fault him from making a report to the CRA, if it's that kind of "report each other" you are castigating. Tax cheating hurts all Canadians and should not be condoned in any circumstance. Moreover, this fellow has a real financial stake in seeing the tax matter resolved. From his only post here, it's clear that he is alive to the fact that the more the wife can artificially (fraudulently) suppress her income, the more he will likely have to pay in child support. It also means he will likely face a greater spousal support payment or a liability for spousal support where none should exist.