Immigration Fraud

[Crazywire]

I sponsored my wife but she left me after landing, we were together for only a month and 12 days in Canada. She moved to another province to live with her aunt. We didn't consummate the marriage because of FGM complication.

This what i have reported so far to CBSA.

Marriage of Convenience

• I sent our conversation where i asked her to tell me the reason she is leaving and her reply was "without a reason".
• Brief summary of what happened after she landed.

Misrepresentation on the Application

• She lied about her age (She claimed to be 5 years older). I sent our conversation where she tells me her real age, hospital bill with her real age, her facebook profile and youtube description.
• She hid the fact that she applied for family immigration to a European country 2 years before applying to Canada.
• She lied about her past residence for 2 years.
• She didn't mention all of her half siblings in the application

My main fear is she going to collect welfare since she doesn't have any experience or education to work in Canada. I am planning to annul the marriage but that is not going invalidate the undertaking.

Is there anything more i can do to make CBSA start investigating this case? What is the likely outcome? What is your advice?

 

[scylla]

I sponsored my wife but she left me after landing, we were together for only a month and 12 days in Canada. She moved to another province to live with her aunt. We didn't consummate the marriage because of FGM complication.

This what i have reported so far to CBSA.

Marriage of Convenience

• I sent our conversation where i asked her to tell me the reason she is leaving and her reply was "without a reason".
• Brief summary of what happened after she landed.

Misrepresentation on the Application

• She lied about her age (She claimed to be 5 years older). I sent our conversation where she tells me her real age, hospital bill with her real age, her facebook profile and youtube description.
• She hid the fact that she applied for family immigration to a European country 2 years before applying to Canada.
• She lied about her past residence for 2 years.
• She didn't mention all of her half siblings in the application

My main fear is she going to collect welfare since she doesn't have any experience or education to work in Canada. I am planning to annul the marriage but that is not going invalidate the undertaking.

Is there anything more i can do to make CBSA start investigating this case? What is the likely outcome? What is your advice?

Unfortunately there is nothing you can do to make CBSA start investigating the case. They will do this at their own pace and you will not be notified of any decisions or progress.

It sounds like you have a relatively strong case.

You are right. Annulling the marriage will not change the fact that you are financially responsible for her for three years. You'll only stop being financially responsible for her if CBSA/IRCC revoked her PR status.

If new evidence becomes available that supports your case, I would continue to submit that to CBSA.

Good luck and hope it all works out.

 

[frange]

I sponsored my wife but she left me after landing, we were together for only a month and 12 days in Canada. She moved to another province to live with her aunt. We didn't consummate the marriage because of FGM complication.

This what i have reported so far to CBSA.

Marriage of Convenience

• I sent our conversation where i asked her to tell me the reason she is leaving and her reply was "without a reason".
• Brief summary of what happened after she landed.

Misrepresentation on the Application

• She lied about her age (She claimed to be 5 years older). I sent our conversation where she tells me her real age, hospital bill with her real age, her facebook profile and youtube description.
• She hid the fact that she applied for family immigration to a European country 2 years before applying to Canada.
• She lied about her past residence for 2 years.
• She didn't mention all of her half siblings in the application

My main fear is she going to collect welfare since she doesn't have any experience or education to work in Canada. I am planning to annul the marriage but that is not going invalidate the undertaking.

Is there anything more i can do to make CBSA start investigating this case? What is the likely outcome? What is your advice?

As Scylla said, nothing you can legally do to avoid her collecting welfare since you are LEGALLY responsible for her.
1- I would quickly go with the annulment since she used you to become PR not for love. In french we call this «Marriage Gris» equivalent to «Grey marriage in english» this is when when someone apparently shows a true love in order to get advantages or benefits from the marriage status, as it is for you. If you can demonstrate that she married you with the only goal to become PR, it's a «GREY MARRIAGE»; this means, the marriage is void and all the benefits she got from it, are also void.

2- I would anticipate to contact the welfare service in the province where she lives to share all the information+ proof as well as the report you made to CBSA to confirm that she frauds the system and she will probably try to fraud the welfare system too. Legally, they don't have to take into account what you said; but it worth to try this way too since you know for sure that she will try to collect welfare that you have to reimburse afterwards.

 

[armoured]

1- I would quickly go with the annulment since she used you to become PR not for love. In french we call this «Marriage Gris» equivalent to «Grey marriage in english» this is when when someone apparently shows a true love in order to get advantages or benefits from the marriage status, as it is for you. If you can demonstrate that she married you with the only goal to become PR, it's a «GREY MARRIAGE»; this means, the marriage is void and all the benefits she got from it, are also void.

I don't think the situation as to how to annul is anywhere near as simple as this depiction - legal assistance absolutely needed. (Not accusing you of misleading, just emphasizing the difficulties).

First and foremost, if the marriage did not take place in Canada, it can't be annulled in Canada (I'm almost certain, caveat not a lawyer).

Then: the statutes for annulment are (I believe) quite specific about the grounds for annulment being fraud - and that is a rather difficult and specific legal barrier to overcome. (It may sound like 'marrying with only goal to become PR' is the same thing as fraud, but I believe quite distinct with very specific tests to be met.).

*Non-consummation is one of the grounds in Ontario anyway, but using it quite rare.

Short form: even if married in Canada, it may be very costly and time-consuming to pursue annulment. But a lawyer should still be seen as to this and whether there are other means with which to protect oneself. (High likelihood the lawyer will suggest that moving on and amicably resolving is better for everyone)

And a warning: even if the case seems obvious to the OP as both a case of immigration misrepresentation or what is often called immigration fraud, no guarantees exist that it will be seen as a priority or actionable by government. And in that and in annulment and divorce proceedings, there may be considerable reluctance to 'punish' an individual who may be a victim of FGM (assuming I know what that acronym means, and I think I do).

This is not very encouraging but otherwise agree with points made - communicate info to IRCC/CBSA and hope they take action.

 

[scylla]

And a warning: even if the case seems obvious to the OP as both a case of immigration misrepresentation or what is often called immigration fraud, no guarantees exist that it will be seen as a priority or actionable by government. And in that and in annulment and divorce proceedings, there may be considerable reluctance to 'punish' an individual who may be a victim of FGM (assuming I know what that acronym means, and I think I do).

I agree with this. FGM is really terrible. I would expect the CBSA review of this case to be quite drawn out and that the decision could end up being favourable to the wife given circumstances.

 

[frange]

I don't think the situation as to how to annul is anywhere near as simple as this depiction - legal assistance absolutely needed. (Not accusing you of misleading, just emphasizing the difficulties).

First and foremost, if the marriage did not take place in Canada, it can't be annulled in Canada (I'm almost certain, caveat not a lawyer).

Then: the statutes for annulment are (I believe) quite specific about the grounds for annulment being fraud - and that is a rather difficult and specific legal barrier to overcome. (It may sound like 'marrying with only goal to become PR' is the same thing as fraud, but I believe quite distinct with very specific tests to be met.).

*Non-consummation is one of the grounds in Ontario anyway, but using it quite rare.

Short form: even if married in Canada, it may be very costly and time-consuming to pursue annulment. But a lawyer should still be seen as to this and whether there are other means with which to protect oneself. (High likelihood the lawyer will suggest that moving on and amicably resolving is better for everyone)

And a warning: even if the case seems obvious to the OP as both a case of immigration misrepresentation or what is often called immigration fraud, no guarantees exist that it will be seen as a priority or actionable by government. And in that and in annulment and divorce proceedings, there may be considerable reluctance to 'punish' an individual who may be a victim of FGM (assuming I know what that acronym means, and I think I do).

This is not very encouraging but otherwise agree with points made - communicate info to IRCC/CBSA and hope they take action.

I assume that you did not understand when I said «Go with annulment». This is something that anyone can't do without a legal service which means a lawyer is needed. All OP allegations are ground of annulment because all her wife did can lead to a grey marriage since she used him with only goal to become PR.

Report that to CBSA/IRCC is not the only solution since it is going to take time; but a Court order, in this case, can force IRCC/BCSA to take action against dishonest wife. I feel his pain, only around 1.5 months after she arrived in Canada.

 

[armoured]

I assume that you did not understand when I said «Go with annulment». This is something that anyone can do without a legal service which means a lawyer is needed. All OP allegations are ground of annulment because all her wife did can lead to a grey marriage since she used him with only goal to become PR.

Report that to CBSA/IRCC is not the only solution since it is going to take time; but a Court order, in this case, can force IRCC/BCSA to take action against dishonest wife. I feel his pain, only around 1.5 months after she arrived in Canada.

I do encourage the OP to contact a lawyer including about annulment. BUT: the test for annulment (under Ontario law anyway, presume similar in most common law provinces, do not know about Quebec) is fraud - and fraud has a very specific set of legal requirements that can be difficult to meet. And note, that is very different from the IRCC tests, which do not use the legal test of fraud (even if it's often referred to as immigration fraud, it's not called/used as fraud in the statute, but something like 'doing something only to gain immigration advantage).

Note in contrast almost all sources about Ontario annulments say something like "Marriages entered into for immigration purposes will not be annulled solely for that reason." I.e. the fact it was done for immigration purposes (colloquially immigration fraud) is not automatically fraud for annulment purposes. Getting the evidence to satisfaction of court to support annulment may or may not be possible - legal help needed.

Anyway my point overall is that because divorces generally available in Ontario, annulments are rare and definitely NOT simple legally. Legal help needed at any rate.

This may all be irrelevant if the OP was married outside of Canada, in which case anyone's guess what might be needed for annulment.

 

[frange]

I assume that you did not understand when I said «Go with annulment». This is something that anyone can't do without a legal service which means a lawyer is needed. All OP allegations are ground of annulment because all her wife did can lead to a grey marriage since she used him with only goal to become PR.

Report that to CBSA/IRCC is not the only solution since it is going to take time; but a Court order, in this case, can force IRCC/BCSA to take action against dishonest wife. I feel his pain, only around 1.5 months after she arrived in Canada.
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Amoured:

Sorry I made a mistake: Can't do without a lawyer; not can do.....

This means, I encourage him to seek a legal service since a lawyer in his case is highly required.
We both are right; but the typo error made me wrong.

NB: Technically, Divorce is totally different than Annulment. In his case, divorce is not ground to immediate deportation, his wife can keep all the benefits that she entitles to until divorce is pronounced including immigration benefits.
Annulment is ground for immediate deportation since the marriage shouldn't take place if OP knew it before due to lack of consent and all the benefits gotten from this marriage are void. Technically OP was abused by falsely engaging into this marriage. It is like you marry an under age or a mentally disable man.

-If the annulment is accepted, the court can order to IRCC/CBSA an immediate removal of his wife and they have to comply by removing immediately her PR status and send her back to where she is from.

-In the other hand, if a divorce is filled and accepted, it's up to IRCC/CBSA to act/react if they want to. Furthermore, they have to follow all the process to cancel or revoke her PR status and she can even stand against her deportation.

 

[armoured]

Sorry I made a mistake: Can't do without a lawyer; not can do.....

This means, I encourage him to seek a legal service since a lawyer in his case is highly required.
We both are right; but the typo error made me wrong.

Understood - I guessed it was a typo but proceeded to write for clarity.

Annulment is ground for immediate deportation since the marriage shouldn't take place if OP knew it before due to lack of consent and all the benefits gotten from this marriage are void. Technically OP was abused by falsely engaging into this marriage. It is like you marry an under age or a mentally disable man.

-If the annulment is accepted, the court can order to IRCC/CBSA an immediate removal of his wife and they have to comply by removing immediately her PR status and send her back to where she is from.

I understand your points, but:
-I was underlining that in practical terms, adjudication of annulments has become more rare and (it seems) the bar for granting them higher. [Not clear to me that the Ontario courts have any incentive or interest in the removal/deportation issue, nor whether the OP would have any standing to argue that point - and the feds don't need an annulment to remove, nor would it make deportation automatic - appeals would still likely be possible - altbough it might make it a bit easier.]

-Canada is not a unitary state and, so far as I'm aware, there actually is little direct connection between the annulment and removal - IRCC would still have to initiate. [And highly unlikely the Ontario court responsible for annulments would 'order' IRCC to remove - in fact I doubt it's even possible legally.]

-Put differently: there is nothing about the annulment/removal/stripping of PR status etc that is 'self-executing'; even with an annulment, nothing will happen unless IRCC decides to work on it. Far from it, in a federal state where civil matters are clearly provincial responsibility.

[I've put some square brackets where this is super-geekery, probably even for lawyers, and arguably speculative.]

Anyway, we agree: legal advice definitely needed. Annulment may not be easy at all. Some details will vary a lot by jurisidiction even within Canada (again, irrelevant what eg Sask law says about annulment if married in Djibouti).

And as often happens in these cases - the OP may have to accept that the government will have different priorities and they have little control over what government will do. It may be in best interests of OP to 'move on', limit risk to self and forget everything else (if govt tries to deport or not, "not my problem.") This is always unsatisfying for those who believe they've been wronged.

Note: on these boards, we have to keep in mind we are only hearing one side of the story. We don't know whether it's all accurate, complete, or reflects the 'real' situation.

 

[Crazywire]

First and foremost, if the marriage did not take place in Canada, it can't be annulled in Canada (I'm almost certain, caveat not a lawyer).

Our marriage didn't take place in Canada. Could you give me a reference for why a marriage outside Canada cannot be annulled in Canada?

 

[frange]

@armoured;

Annulment-- The Marriage did not exist at all--- This means --- Wife did not meet the sponsorship requirements when applied for the spousal category... .......Finally, PR granted by inadvertence.
If Court accepted the annulment, IRCC should remove her PR Status with no consideration since it was mistakenly granted (That's law) and CBSA should also process her departure from Canada. Such a question of meeting or not meeting the sponsorship requirements at the time of filing the spousal sponsorship application. That is different when you get PR legally and do not meet requirements to keep your PR status. A jugde has to make a decision about your case before an action can be taken by IRCC/CBSA.

I agree with you that annulment is not easy and most of lawyers encourage their clients to go with divorce and not tell them that they are totally different in terms of outcomes. Also we hear one side not the other one.

If I were OP, I would go with the Annulment, not the divorce, for 2 reasons:
1- Responsibilities (undertakings+Welfare)...
2-Respect: Be the smartest than the smart. She wanted to use me to come to Canada, I would use her actions to deport her.

I assume that the marriage took place overseas, law is a question of jurisdiction, and I am off for the rest.

 

[frange]

Our marriage didn't take place in Canada. Could you give me a reference for why a marriage outside Canada cannot be annulled in Canada?

Go check legal advice man since we're not lawyers Armoured and I.

If the marriage can be recognized in Canada, divorce can be pronounced in Canada; So, I am 100% sure that the marriage can be annulled in Canada and there's may be a process for that. That's my assumption.

 

[armoured]

Our marriage didn't take place in Canada. Could you give me a reference for why a marriage outside Canada cannot be annulled in Canada?

See a lawyer. But my understanding is that to annul - declare that it never existed - it must generally be done by the authority that originally granted the marriage. (I believe there may be exceptions to this but exceedingly rare, and different issue such as reasons limited to clear defects in that foreign marriage)

Again though - not a lawyer and see a lawyer if you wish to try annulment.

 

[morti]

My brother is in same situation, his estranged wife used him to gain permanent residence status, he sent her over $20K, please help, We are helpless. my email address is tsepel416@gmail.com

 

[scylla]

My brother is in same situation, his estranged wife used him to gain permanent residence status, he sent her over $20K, please help, We are helpless. my email address is tsepel416@gmail.com

From an immigration perspective, the only option you have is to submit a report to CBSA:

https://www.canada.ca/en/immigration-refugees-citizenship/services/protect-fraud/report-fraud.html

You will want to be able to provide evidence of the accusations you are making. It will be up to CBSA if they action the report or not.

CBSA will not get involved in getting your money back. If that is something you want to pursue, you need to do that through the court system and will need to hire a lawyer.