POSSIBLE MARRIAGE OF CONVENIENCE

[Ramon2020]

I am about to embark on a marriage annulment from my spouse. Ours is a same-sex relationship – approximately a year and a half old - since 2019. He is a foreign national from Lebanon with a student/work visa expiring in Jan 2021.

We got married June of 2020, and he was arrested in mid-August , 2020, for domestic violence (two counts under s.265(1) CCC). With my recommendations and affidavit, On Dec, 2020, the crown agreed to a peace bond - the only condition being that he keeps the peace. However, my attempts to reinitiate contact in late Dec was met with hostility and threat to call the police. Naturally I ceased all contact.

Prior to the marriage, he has abandoned the relationship nine times but always returned after a few days. After the marriage, he wanted a divorce a week later, and then a full month after he left once again. His constant gaslighting, coupled with several minor assaults against my person was too much to bear. So, the police got involved.

I do believe that the marriage from his end was a sham. He did not take it seriously, as he showed no care or commitment. And after we looked at “Green Card”, the movie, I saw a total change in him – like the cat was out of the bag.

He further withdrew himself psychologically saying that he was going to claim refugee status, as an abused gay man from Lebanon. This I believe was because he had no genuine connection to the marriage and was afraid of being interviewed by Immigration Canada as seen in the movie.

The marriage I suspect is fraudulent, and was one of convenience for him. See the Criminal Code of Canada below.

Any advise?


Criminal Code:
Fraud
380 (1) Every one who, by deceit, falsehood or other fraudulent means, whether or not it is a false pretence within the meaning of this Act, defrauds the public or any person, whether ascertained or not, of any property, money or valuable security or any service,

(a) is guilty of an indictable offence and liable to a term of imprisonment not exceeding fourteen years, where the subject-matter of the offence is a testamentary instrument or the value of the subject-matter of the offence exceeds five thousand dollars; or

(b) is guilty

(i) of an indictable offence and is liable to imprisonment for a term not exceeding two years, or

(ii) of an offence punishable on summary conviction,

where the value of the subject-matter of the offence does not exceed five thousand dollars.

 

[scylla]

I am looking for some legal advice, as I am about to embark on a marriage annulment from my spouse. Ours is a same-sex relationship – approximately a year and a half old - since 2019. He is a foreign national from Lebanon with a student/work visa expiring in Jan 2021.

We got married June of 2020, and he was arrested in mid-August , 2020, for domestic violence (two counts under s.265(1) CCC). With my recommendations and affidavit, On Dec, 2020, the crown agreed to a peace bond - the only condition being that he keeps the peace. However, my attempts to reinitiate contact in late Dec was met with hostility and threat to call the police. Naturally I ceased all contact.

Prior to the marriage, he has abandoned the relationship nine times but always returned after a few days. After the marriage, he wanted a divorce a week later, and then a full month after he left once again. His constant gaslighting, coupled with several minor assaults against my person was too much to bear. So, the police got involved.

I do believe that the marriage from his end was a sham. He did not take it seriously, as he showed no care or commitment. And after we looked at “Green Card”, the movie, I saw a total change in him – like the cat was out of the bag.

He further withdrew himself psychologically saying that he was going to claim refugee status, as an abused gay man from Lebanon. This I believe was because he had no genuine connection to the marriage and was afraid of being interviewed by Immigration Canada as seen in the movie.

The marriage I suspect is fraudulent, and was one of convenience for him. See the Criminal Code of Canada below.

Any advise?


Criminal Code:
Fraud
380 (1) Every one who, by deceit, falsehood or other fraudulent means, whether or not it is a false pretence within the meaning of this Act, defrauds the public or any person, whether ascertained or not, of any property, money or valuable security or any service,

(a) is guilty of an indictable offence and liable to a term of imprisonment not exceeding fourteen years, where the subject-matter of the offence is a testamentary instrument or the value of the subject-matter of the offence exceeds five thousand dollars; or

(b) is guilty

(i) of an indictable offence and is liable to imprisonment for a term not exceeding two years, or

(ii) of an offence punishable on summary conviction,

where the value of the subject-matter of the offence does not exceed five thousand dollars.

None of us here are lawyers so you won't get any legal advice here. We are all normal people like you.

It doesn't sound like your question has anything to do with immigration since you haven't applied to sponsor him as your partner. Your questions are family law / criminality questions. Based on that, your best option would be to hire a family lawyer to assist your. This person should also be able to answer any questions related to criminality.

Good luck.

 

[caseyarnold]

I am about to embark on a marriage annulment from my spouse. Ours is a same-sex relationship – approximately a year and a half old - since 2019. He is a foreign national from Lebanon with a student/work visa expiring in Jan 2021.

We got married June of 2020, and he was arrested in mid-August , 2020, for domestic violence (two counts under s.265(1) CCC). With my recommendations and affidavit, On Dec, 2020, the crown agreed to a peace bond - the only condition being that he keeps the peace. However, my attempts to reinitiate contact in late Dec was met with hostility and threat to call the police. Naturally I ceased all contact.

Prior to the marriage, he has abandoned the relationship nine times but always returned after a few days. After the marriage, he wanted a divorce a week later, and then a full month after he left once again. His constant gaslighting, coupled with several minor assaults against my person was too much to bear. So, the police got involved.

I do believe that the marriage from his end was a sham. He did not take it seriously, as he showed no care or commitment. And after we looked at “Green Card”, the movie, I saw a total change in him – like the cat was out of the bag.

He further withdrew himself psychologically saying that he was going to claim refugee status, as an abused gay man from Lebanon. This I believe was because he had no genuine connection to the marriage and was afraid of being interviewed by Immigration Canada as seen in the movie.

The marriage I suspect is fraudulent, and was one of convenience for him. See the Criminal Code of Canada below.

Any advise?


Criminal Code:
Fraud
380 (1) Every one who, by deceit, falsehood or other fraudulent means, whether or not it is a false pretence within the meaning of this Act, defrauds the public or any person, whether ascertained or not, of any property, money or valuable security or any service,

(a) is guilty of an indictable offence and liable to a term of imprisonment not exceeding fourteen years, where the subject-matter of the offence is a testamentary instrument or the value of the subject-matter of the offence exceeds five thousand dollars; or

(b) is guilty

(i) of an indictable offence and is liable to imprisonment for a term not exceeding two years, or

(ii) of an offence punishable on summary conviction,

where the value of the subject-matter of the offence does not exceed five thousand dollars.

If you haven’t sponsored him, he hasn’t done anything illegal. It’s also EXTREMELY difficult to prove such an accusation. In my opinion, the fact he was constantly leaving you shows the opposite. Either way, it’s likely best you both cut ties and simply divorce. Someone who’s done all that this early is not someone worth staying with. Best of luck to you.

 

[canuck78]

Would also add that you shouldn't be contacting him directly due to the peace bond. If you want to contact him do it through a 3rd party preferably a lawyer. If someone leaves you 9 times before marriage that is a big warning sign that the marriage won't work out. Getting an annulment versus a divorce may be very difficult. Not sure what your grounds are for an annulment.

 

[Ramon2020]

If you haven’t sponsored him, he hasn’t done anything illegal. It’s also EXTREMELY difficult to prove such an accusation. In my opinion, the fact he was constantly leaving you shows the opposite. Either way, it’s likely best you both cut ties and simply divorce. Someone who’s done all that this early is not someone worth staying with. Best of luck to you.

In Ontario "there is no time limitation on when spouses can obtain an annulment, annulments are usually used to end marriages that lasted for a very short period of time. " https://www.toronto.ca/311/knowledgebase/kb/docs/articles/provincial-government/obtaining-a-divorce-or-an-annulment.html.

Ties have been cut and I only had him back into my life as he would have become homeless.

 

[Ramon2020]

None of us here are lawyers so you won't get any legal advice here. We are all normal people like you.

It doesn't sound like your question has anything to do with immigration since you haven't applied to sponsor him as your partner. Your questions are family law / criminality questions. Based on that, your best option would be to hire a family lawyer to assist your. This person should also be able to answer any questions related to criminality.

Good luck.

Already contacted a lawyer and you are right, it's family law and criminality. He could be charged up to $100k, face 5yrs in jail and be barred from entering Canada for 5 yrs. It's a crime he committed.

 

[Ramon2020]

Would also add that you shouldn't be contacting him directly due to the peace bond. If you want to contact him do it through a 3rd party preferably a lawyer. If someone leaves you 9 times before marriage that is a big warning sign that the marriage won't work out. Getting an annulment versus a divorce may be very difficult. Not sure what your grounds are for an annulment.

The peace bond allows for contact, as the only condition was that he keeps the peace. HIs lack of cooperation shows his true motive.

 

[Ramon2020]

If you haven’t sponsored him, he hasn’t done anything illegal. It’s also EXTREMELY difficult to prove such an accusation. In my opinion, the fact he was constantly leaving you shows the opposite. Either way, it’s likely best you both cut ties and simply divorce. Someone who’s done all that this early is not someone worth staying with. Best of luck to you.

"In my opinion, the fact he was constantly leaving you shows the opposite." He always returned to me. Not vice versa. I never chased him. But I thought he would be respectable, hournable and act with dignity and grace.

 

[bian07]

"In my opinion, the fact he was constantly leaving you shows the opposite." He always returned to me. Not vice versa. I never chased him. But I thought he would be respectable, hournable and act with dignity and grace.

But he also kept leaving. I'm not sure how you put up with that, I would've broken up after latest the second time of him leaving and attempting to crawl back.

 

[Ramon2020]

But he also kept leaving. I'm not sure how you put up with that, I would've broken up after latest the second time of him leaving and attempting to crawl back.

You are right and I agree. But I was in-love with him. Easier said than done to just leave him.

 

[scylla]

You are right and I agree. But I was in-love with him. Easier said than done to just leave him.

Ultimately this isn't an immigration issue. I would recommend you work closely with your family lawyer.

 

[canuck78]

The peace bond allows for contact, as the only condition was that he keeps the peace. HIs lack of cooperation shows his true motive.

Have you even filed for spousal sponsorship? Lack of cooperation doesn't mean he is committing fraud, he may not just not want to be in a longterm relationship with you or anyone else.

 

[canuck78]

Already contacted a lawyer and you are right, it's family law and criminality. He could be charged up to $100k, face 5yrs in jail and be barred from entering Canada for 5 yrs. It's a crime he committed.

I see no fraud based on what you described. Save your money and just focus on the divorce. and move on.

 

[ramram24]

I am about to embark on a marriage annulment from my spouse. Ours is a same-sex relationship – approximately a year and a half old - since 2019. He is a foreign national from Lebanon with a student/work visa expiring in Jan 2021.

We got married June of 2020, and he was arrested in mid-August , 2020, for domestic violence (two counts under s.265(1) CCC). With my recommendations and affidavit, On Dec, 2020, the crown agreed to a peace bond - the only condition being that he keeps the peace. However, my attempts to reinitiate contact in late Dec was met with hostility and threat to call the police. Naturally I ceased all contact.

Prior to the marriage, he has abandoned the relationship nine times but always returned after a few days. After the marriage, he wanted a divorce a week later, and then a full month after he left once again. His constant gaslighting, coupled with several minor assaults against my person was too much to bear. So, the police got involved.

I do believe that the marriage from his end was a sham. He did not take it seriously, as he showed no care or commitment. And after we looked at “Green Card”, the movie, I saw a total change in him – like the cat was out of the bag.

He further withdrew himself psychologically saying that he was going to claim refugee status, as an abused gay man from Lebanon. This I believe was because he had no genuine connection to the marriage and was afraid of being interviewed by Immigration Canada as seen in the movie.

The marriage I suspect is fraudulent, and was one of convenience for him. See the Criminal Code of Canada below.

Any advise?


Criminal Code:
Fraud
380 (1) Every one who, by deceit, falsehood or other fraudulent means, whether or not it is a false pretence within the meaning of this Act, defrauds the public or any person, whether ascertained or not, of any property, money or valuable security or any service,

(a) is guilty of an indictable offence and liable to a term of imprisonment not exceeding fourteen years, where the subject-matter of the offence is a testamentary instrument or the value of the subject-matter of the offence exceeds five thousand dollars; or

(b) is guilty

(i) of an indictable offence and is liable to imprisonment for a term not exceeding two years, or

(ii) of an offence punishable on summary conviction,

where the value of the subject-matter of the offence does not exceed five thousand dollars.

Domestic violence is extremely serious
if this couple reconciled, and he did sponsor his partner would the visa officer have access to all this information, or is this just between the couple and the police?

 

[Ramon2020]

Domestic violence is extremely serious
if this couple reconciled, and he did sponsor his partner would the visa officer have access to all this information, or is this just between the couple and the police?

Yes, charges, arrests, incarcerations etc., must be noted on certain spousal sponsorship forms. If one fails to, and knowingly submit an incomplete package and Immigration Canada grants permanent resident status, it will be rendered null and void once it learns of this misrepresentation. Other criminal penalties also apply for misrepresentation.