penalties for marriage fraud

[newtone]

Its not hard to prove marriage fraud, the OP just has to make a strong case. Laws in other developed countries make it possible I dont see why Canada cant do it

 

[kepi]

There is dedt I have to worry about thats the problem.he has left me with dedt and wont pay.so I guess there is court

 

[Foolish]

Observation: a failure to satisfy the condition in a conditional PR is not the same as committing marriage fraud.


Conditional PR:

The failure to satisfy a condition will ordinarily result in the loss of PR status, following the appropriate procedure (even though the PR is conditional, the PR is nonetheless still a Canadian and entitled to fair process in any adjudication of the PR's status). Thus, as PMM alludes, the PR must be afforded an opportunity to respond to any claim of having failed to comply with the condition, and among defenses (so-to-say) available to a Condition 51 failure is that there was abuse (including psychogical).

The loss of PR status due to a failure to meet this condition does not result in the inadmissibility of the former PR, just a loss of PR status. Thus, such an individual may remain in Canada, or return to Canada, if that individual qualifies for entry pursuant to some other status. For an American, visitor status is readily obtained and this can allow the individual to spend quite a lot of time in Canada.



Marriage Fraud:

Marriage fraud is not about the breakdown in the relationship after an individual has become a Canadian PR, but about having made misrepresentations of fact in the process of applying for PR, including in particular facts regarding the validity, genuineness, or purpose of the marriage. While marriage fraud is a ground for revoking PR status, as is fraud in applying for PR generally, the process is specifically focused on a charge of inadmissibility. Again, as a Canadian the PR is entitled to the full protections afforded by fair process, but the outcome of this process is (if it determined the individual did indeed make a material misrepresentation in the application) a finding of inadmissibility, resulting in the issuance of a Removal Order (sometimes called a Departure Order) which, at the conclusion of any appeal, becomes enforceable, and which will include the individual being banned from returning to Canada for a period of years.



Procedures generally:

Generally it appears that CIC and CBSA take the report and while the reporting individual may thereafter be further consulted, or otherwise asked to submit additional information, ordinarily the reporting person is not a party to the proceedings, and so will not get any notice of further proceedings or actions taken. I am not certain, but my understanding is that CBSA will ordinarily conduct an investigation into fraud, whereas the failure of a condition proceeding will be conducted by CIC.

Either process can take months to more than a year.

I am not sure of the extent to which even the sponsoring partner is entitled to obtain information from CBSA or CIC regarding the proceedings. There are rather strict privacy limitations on what information either body can divulge to any one other than the subject or the subject's authorized representative.

What if there was a charge of abuse but not yet a conviction? Is a charge alone a defense against not having to comply with condition 51?
If a charge of abuse is a defense what happens if the accused (spouse) is found not guilty? Does Condition 51 then kick back in?

 

[dpenabill]

What if there was a charge of abuse but not yet a conviction? Is a charge alone a defense against not having to comply with condition 51?
If a charge of abuse is a defense what happens if the accused (spouse) is found not guilty? Does Condition 51 then kick back in?

I am not certain, but my sense is that the defense may be raised in the proceedings before CIC regardless of whether there have been criminal charges . I also think that the disposition of the criminal charges, if any, is not controlling.

In particular, I believe what constitutes abuse for purposes of waiving the condition is far broader than what would be a crime. There is specific information about the effect of abuse, including some illumination of what is meant by abuse, what constitutes abuse, at the CIC website . . . but I do not have a link handy off the top of my head. Should be easy to find.

 

[Rob_TO]

What if there was a charge of abuse but not yet a conviction? Is a charge alone a defense against not having to comply with condition 51?
If a charge of abuse is a defense what happens if the accused (spouse) is found not guilty? Does Condition 51 then kick back in?

Criminal/police charges for abuse is NOT a requirement for CIC to waive Condition 51.

There is already a case of Condition 51 being waived (at Canlii site) in which a conditional PR was allowed to keep his PR status under the abuse claim, but no charges or any police reports were involved. His partner was bi-polar and had medical conditions so that was most likely a key factor as well. Link to case details here: http://www.canlii.org/en/ca/irb/doc/2014/2014canlii70005/2014canlii70005.html

But each case is unique so there are no firm rules and lots is discretionary to CIC or the judge that hears the case.

 

[Foolish]

If a conditional PR sponsored spouse leaves Canada to return to her home country or moves to the USA on a visitor visa, am I (the sponsor) still financially responsible for her for three years? Assume the condition of 2 years cohabitation has been waived by CIC.

 

[Rob_TO]

If a conditional PR sponsored spouse leaves Canada to return to her home country or moves to the USA on a visitor visa, am I (the sponsor) still financially responsible for her for three years? Assume the condition of 2 years cohabitation has been waived by CIC.

Yes you are responsible for entire 3 years undertaking commitment while spouse is a PR, regardless of where they are living.

Though if living outside of Canada they can't collect welfare so there is really no risk in this case anyways.

 

[Foolish]

Two weeks ago my Filipino wife filed a charge of simple assault (S266 CC) against me using what must be very weak evidence. This came out of the blue after only living with me for three weeks. No warning from her, just a visit from the local police to say I had been charged with assault together with a "no contact order". Now she has gone, god knows where. She maybe in Toronto with friends or she may be in the USA with her auntie. I desperately want to contact her to discuss what exactly happened and why she felt the need to do what she did without talking to me, her husband first. However, I know I cannot do this because of the "no contact order". It's making me crazy because I really don't know exactly what the problem was (no disclosure yet).
She has a condition 51 on her PR. I'm still hoping for a reconciliation sometime down the road but I'm not holding my breath. In the mean time should I notify CIC of what has taken place? Am I jeopardizing possible reconciliation if I do this? If I'm found not guilty and all charges dropped then she must come back to live with me for two years other wise she faces deportation, right?.
I can't believe how my life has spiraled out of control in such a short time over such a minor incident. Just an example of how things can go terribly wrong in such a short time without any warning.

 

[PMM]

Hi

Two weeks ago my Filipino wife filed a charge of simple assault (S266 CC) against me using what must be very weak evidence. This came out of the blue after only living with me for three weeks. No warning from her, just a visit from the local police to say I had been charged with assault together with a "no contact order". Now she has gone, god knows where. She maybe in Toronto with friends or she may be in the USA with her auntie. I desperately want to contact her to discuss what exactly happened and why she felt the need to do what she did without talking to me, her husband first. However, I know I cannot do this because of the "no contact order". It's making me crazy because I really don't know exactly what the problem was (no disclosure yet).
She has a condition 51 on her PR. I'm still hoping for a reconciliation sometime down the road but I'm not holding my breath. In the mean time should I notify CIC of what has taken place? Am I jeopardizing possible reconciliation if I do this? If I'm found not guilty and all charges dropped then she must come back to live with me for two years other wise she faces deportation, right?.
I can't believe how my life has spiraled out of control in such a short time over such a minor incident. Just an example of how things can go terribly wrong in such a short time without any warning.

1. Well if she filed an assault charge, it covers her for not living with you for the 2 years under her condition 51 if it goes to appeal if/when CIC reviews her PR status re: the co-habitation.
2. In your post in January you said at that time that your marriage was failing.

 

[Foolish]

yes I stupidly didn't follow through with that. Now I'm paying the price....

 

[dpenabill]

As I mentioned, there is specific information at the CIC website regarding what constitutes abuse for which a failure to meet the condition imposed on sponsored partner PRs is excused or waived.

The information itself is in a pdf.

This can be found by opening the "Family Sponsorship" link on this page, listing "Publication and manuals" (this is link). The url for the pdf, directly if it works, is http://www.cic.gc.ca/english/pdf/pub/family-sponsorship.pdf

Here is a sample of what it says:

What is abuse or neglect?

Abuse is behaviour used to intimidate, isolate, dominate or control another person. It may be a pattern or a single incident. Abuse might involve acts, words or even neglect.

The abuse can be physical, sexual, psychological or financial.

The detailed description includes, for example, the following description for what constitutes "psychological abuse:"

Psychological al abuse might include force or control not limited to insults, intimidation, humiliation, harassment or threats, name-calling, yelling, blaming, disrespecting, criticizing, or threatening to take away or hurt a victim’s children.

Another CIC web page which provides a description for circumstances in which an exception to the condition is available for abuse is at the "backgrounder" page titled "Exceptions from Conditional Permanent Residence for Victims of Abuse or Neglect" (this should link).

While CIC clearly encourages victims of abuse to report the abuse to appropriate authorities, I see nothing to suggest that such a report is necessary for obtaining an exception to the condition, and thus I further think that CIC may independently assess the request for an exception regardless of what the outcome is if there is a report to law enforcement . . . in other words, no conviction for criminal abuse is necessary. That said, I suspect that on the other hand, a conviction would probably warrant CIC to grant the exception.

But in any event, if you look at the description provided by CIC, it is easy to see that it is far, far more broad than what is criminal abuse. For example, merely totally controlling all finances and withholding money from a partner may constitute abuse that warrants an exception to the condition.

 

[scylla]

We're going to start seeing fake VAWA case here in Canada just like they do in the US because of conditional green cards. It was only a matter of time...

 

[Foolish]

Thanks for all the feedback people.
But should I still notify CIC of the fact that we are not living together and site a breach of condition 51? Do I have anything to lose?
The other side of the coin is that she was using me to come into Canada and was smart enough to know that getting me charged with assault would virtually guarantee that condition 51 would be waived and she is now free to go where ever she wishes on my dime.

 

[scylla]

Thanks for all the feedback people.
But should I still notify CIC of the fact that we are not living together and site a breach of condition 51? Do I have anything to lose?
The other side of the coin is that she was using me to come into Canada and was smart enough to know that getting me charged with assault would virtually guarantee that condition 51 would be waived and she is now free to go where ever she wishes on my dime.

My bet is that CIC won't life a finger while the charges and no contact order are still pending. You need to hire a good lawyer and get the charges and contact order dropped. Otherwise you can expect that CIC will let her stay and keep her PR status (and yes - this would mean that any social assistance she takes will be your responsibility to pay back).

 

[Foolish]

Update.
The bogus criminal charge (assault) that she brought on me has been completely withdrawn by the Crown Attorney. This information was promptly passed along to CBSA and CIC.

Do you think CIC will now snap into action and start to investigate her? Will this hopefully end in deportation?