It May Not Be Love But Love Those Canadians!
"One of lawyer Julie Taub's clients recently narrowly escaped being duped into marrying a foreign woman so she could gain permanent residency. Taub arranges a lot of marriage sponsorships and she's gotten good at sniffing out the fraudsters over the years. A red flag went up when she began the preparatory work for a Canadian man who fell in love with a woman from Madagascar and wanted to sponsor her. 'I took one look at her and saw her attitude (of entitlement),' recalls Taub, an Ottawa immigration and refugee lawyer. She later e-mailed the man and warned him to check out his prospective spouse more closely because she might be taking him for a ride. He subsequently withdrew his sponsorship application. She'd been having an affair with one of his colleagues. Taub estimates that for every five sponsorships she arranges, one ends up victimizing a Canadian. 'These people who get status in Canada through fraud ... can sponsor their own family members,' she explains. 'So you get chain migration based on an original fraud.' Canada should adopt the system in the U.S. and Australia, where foreign nationals in spousal sponsorship cases are given temporary resident status for at least two years, says Taub. That status is renewable at the end of the first year if the marriage is still intact. If the couple is still together after two years, the sponsored spouse can apply for permanent resident status. 'That's the kind of reform we need. It's just common sense,' says Taub. 'Giving them permanent resident status immediately on landing just encourages these bad-faith marriages.' [Seriously, who writes Canadian immigration law? Pollyanna's younger sister?]
The federal government doesn't formally track marriages of convenience. Immigration Canada's overseas offices receive between 30,000 and 40,000 spousal sponsorships annually. About 18% are refused and officials suspect that most of them are marriages of convenience. (This summer, Immigration Canada plans to implement a new case management system to better track this data.) The Canada Border Services Agency has only eight officers to investigate bad faith marriages, points out Taub. And those officers are also expected to investigate security threats. So, immigration-related marriage fraud isn't exactly a priority, she says. 'Why do you think (foreign nationals) target Canadians in all the Caribbean islands and China and everywhere you go? Because it's so easy to get status through marriage,' she says. [Aww, we thought it was because we're so good looking.] She manages to talk 10% to 15% of her clients out of proceeding with sponsorships. Under proposed amendments, the federal government plans to tweak the rules slightly to try to prevent marriages of convenience. Currently, a bad faith relationship must meet two criteria -- that it isn't genuine and that it was primarily entered into to obtain immigration status. Under the proposed changes, officials would only have to show one of the elements. But Vancouver immigration lawyer Gordon Maynard says the existing system works fine. 'You don't want to say no in the wrong cases.' People can be stripped of their permanent residency status and deported if it's proven they defrauded the system, says Maynard. Retorts Taub: 'Do you know how difficult that is? It's practically never happened because once you're a permanent resident, you have rights.' Welcome to Canada, folks." (Edmonton Sun, April 14, 2010)
[This article appears in the May, 2010 issue of the CANADIAN IMMIGRATION HOTLINE. Published monthly, the CANADIAN IMMIGRATION HOTLINE is available by subscription for $30 per year. You can subscribe by sending a cheque or VISA number and expiry date to CANADIAN IMMIGRATION HOTLINE, P.O. Box 332, Rexdale, ON., M9W 5L3.]