Canadian Marriage Fraud Victim Society
The Immigration and Refugee Protection Act of Canada
According to the immigration and refugee Protection Act (IRPA), no foreign national shall be considered as a spouse of a person if the marriage is not genuine or was entered into primarily for the purpose of acquiring permanent resident status. In year 2002, the Canadian government has reduced the processing time substantially for the marriage base immigration. Most of foreign people are getting married to the landed immigrants/citizens for a sole purpose of obtaining permanent residents as they get permanent status easier and faster on base of marriages compare to other immigration systems.
How foreign people have abused this law
There are two ways this law is being misused:
First way is where the foreign people marry the landed immigrant/citizens with the intention of acquiring immigration. Their intentions do not become obvious to the people who sponsor them until they get the PR. Foreign people who are striving to get Canadian immigration are aware of the weakness of this law. According to this existing law, a person who sponsors his/her spouse outside of Canada has to take three years of sponsorship and there is no binding responsibility on the sponsored person. Moreover, sponsored person gets permanent resident as soon as he/she enters Canada. Most of sponsored people as spouses cheat their wives/husbands as soon as they become Canadian residents because their sole purpose for marrying is to obtain Canadian immigration. Recently most of sponsored spouses have been running from the airport as they get permanent status at the airport. Some just stay with their spouses until they get the PR card. The landed immigrants/citizens who sponsor their spouses go through this situation suffer lot as they have taken three year sponsorship that can be misused easily by their partners. Moreover, they go through emotional problems as their partner use them to obtain the permanent status. This existing law does not protect the sponsorer in case the sponsored spouse cheats him/her once he/she receives the PR. There is no way anyone can test sponsored spouses intention whether he/she will stay in the marriage. This marriage system would have not been misused to the large extent as it is now if sponsored spouses get three years of conditional immigration so they could have showed over three years of period whether or not it is genuine marriage. Unfortunately, the existing law permits them the permanent status right away when they enter Canada rather than allowing them some times to show whether the marriage is genuine.
Second way is where both parties agree to misuse the law as the sponsorer gets lot of money for helping other to obtain the permanent resident. Once other gets the permanent status, then they both divorce each other with agreement. This is still a fraud but it cannot be caught easily under the existing law because this happens with both parties agreement. Therefore the existing immigration law has so many flaws. We need to modify the law so we can prevent frauds.
Conditional immigration for the marriage base system
Countries like USA, UK, Australia, New Zealand have conditional immigration for the marriage base system. It becomes hard for foreign people to misuse the system. We would like to see conditions as well on the marriage base system in Canada. Currently the marriage base immigration system is being misused to the large extent. This unfair marriage system is not only allowing foreign people to misuse it but it is also responsible to create more crimes in Canada. We must demand from the government to modify this outdated policy, and deport those people who misused it, otherwise foreign people will not have respect to the Canadian immigration policies