Marriages of Convenience

Canada Immigration Forum (discussion group)


 
       
Subject: Marriages of Convenience
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Jason Kenney came out in the media and claimed there are TWO types of Marriages of Convenience (MOC) that he has ordered increased investigations of.

1. An applicant pays a Permanent Resident or Canadian to marry for profit in which they both benefit the applicant receiving permanent resident status.
2. The applicant abroad tricks a Canadian or a Permanent Resident to marry them and disappears shortly after receiving permanent resident status in Canada.

The above two types are discovered when they try to sponsor other family members or new spouses showing a divorce granted shortly after their arrival. They are written up A 40 (1) (a). Sent to an admissibility hearing and ordered deported normally. This happens unless they can prove there was a valid reason for the marriage to end so quickly.

I claim there is a third type. Ones wrongly accused of a MOC

If the applicant can trick the sponsor, why can’t the sponsor trick the applicant?

What should a new immigrant (spousal applicant) do upon arriving if their Sponsor is nowhere to be found? If he/she has another lover and wants nothing to do with the applicant should they return home in disgrace? What happens if they stay?

Currently it does not matter how long you have been a permanent resident or how good a person you are. If you decide to apply for Citizenship, sponsor any other family member or new spouse CIC/CBSA will investigate you regarding a Marriage of Convenience if your marriage ended shortly after your arrival. They will either send you a letter and ask you to explain in an affidavit form or call you in to a Ministers Delegate Review.

This is serious stuff.

If you cannot convince the officer that you have witnesses and quality evidence you will be sent to the Immigration Division (ID) and ordered deported. The ID looks at black and white issues and cannot consider H&C factors.

You have a right of appeal to the Immigration Appeal Division which can take a few years to be heard and all that time you cannot become a citizen. You will maintain your PR status after getting your deportation order but renewal of PR card will take for ever.

If accused never try to explain anything yourself.

CBSA considers you guilty until you prove your innocence.

Roy
cvimmigration.com

[27-11-2011,07:44]
[**.245.183.211]
Roy
(in reply to: Marriages of Convenience)
"If the applicant can trick the sponsor, why can’t the sponsor trick the applicant?"

What does the sponsor benefit from doing that??? He/she will be liable up to 3 years support...

I know why you are making such statements cause most of your clients divorce right after landing???

Maybe you can explain to that poor Indian guy´s family who committed suicide recently when his wife left him right after landing.

I am not saying the girl is guilty but it is a well known fact that lots of Indian´s ladies marry just to get PR.

I just want to mention that statistically, sponsors are often the victims.
Jason Kenney must have draw the conclusion after looking at statistic or getting feedback from his staffs.

In my humble opinion, whoever pay you money is the victim... I don´t blame you though... It´s bread and butter for you... But I believe in karma... someday Roy, someday... retribution comes in many forms...

[27-11-2011,11:21]
[**.247.203.187]
SG
(in reply to: Marriages of Convenience)
Roy,

What is your point?

What would you propose instead? The overall stats are wrong? That "third" kind of MOC that you are talking about represents an extremely low % in the entire picture.

BTW CBSA is NOT a court of law. It is not about being guilty or not. The decisions are made based on the evidence presented during the process.

If it looks like a dog, smells like a dog and it moves like a dog and up close still seems like a dog....the decision will be made IT IS DOG!


[27-11-2011,12:06]
[**.17.35.52]
DocD
(in reply to: Marriages of Convenience)
When the Boss Jason & Vic says its a problem the drones that follow every single word.

Only 1,000 informants reported MOC´s and of that only 37 warranted more Investigation. that is out of 43,600 spousal sponsorship´s.

I say wrongly accusing just ONE is too much!

MOC´s are not a problem but wrongly accusing someone is far worse than some idiot going to a third world country and falling in love overnight with such a beautiful person that they could never have back home.

Bringing someone you met at a resort in most Caribbean countries is a high risk and Cuba being the highest risk.

Now what happens with slow processing times some women go out and find another man and when the sponsored fellow arrives she does not even show up at the airport.

Roy
cvimmigration.com

[27-11-2011,16:26]
[**.245.183.211]
Roy
(in reply to: Marriages of Convenience)
Roy are you drunk?
[28-11-2011,01:23]
[***.247.187.60]
Pete
(in reply to: Marriages of Convenience)
NO!

I care about a government employee getting sucked into a politician rhetoric about something that is not a problem and they think they can keep their job by being a tough guy with little or no evidence.

I thank the Federal Court and Supreme Court Justices are standing up against Jason Kenney. Sooner or later with this crime bill and other stuff our rights are being eroded.

Chief Justice Alan Luffy & Supreme Court Justice Beverly McLachlin goes after Jason Kenney for his outrageous comments http://www.canada.com/Kenney+comments+attempt+erode+judicial+independence+experts/5775058/story.html

Roy
cvimmigration.com

[28-11-2011,07:36]
[**.245.183.211]
Roy
(in reply to: Marriages of Convenience)
DocD

Don´t come across that CBSA has no decision making process in a Ministers Delegate Review!

The 44 Report is already written. The Permanent Resident (suspect) is called in and is told they have to answer questions. CBSA has already investigated the matter.

The evidence that CBSA has is never shown to the permanent resident. Answer my questions or I will get you deported!

If a Police Officer calls you in and asks you to provide information he/she will inform you that you don´t have to say a thing. There is nothing wrong with you saying (NO) under the charter.

Should not CBSA Officers be doing the same when they call in a Permanent Resident or does not the Charter of Rights and Freedoms apply to CBSA? I already know the answer.

Roy
cvimmigration.com

[28-11-2011,07:44]
[**.245.183.211]
Roy
(in reply to: Marriages of Convenience)
Roy,

"Charter of Rights and Freedoms" What does that have to do with the price of tea in China?

Man, you bring that as your defense in a hearing, I would personally have you for lunch.

The 44 report is written basically for misrepresentation and as you know there are different classifications. That being said, a report is based on what is believed to be a fact. It is not an idea...it is a fact.

Of course, if there is evidence to prove it otherwise, then a person is more than welcome to prove it in a court hearing. Right?

And CBSA has no decision making in the minister´s review. Show me that in the operation manuals? CBSA will write the report, will do the investigation.... pass the information along and enforce the act, if YEY, the person stays if NEY the person gets removed from Canada. It is that simple.


[28-11-2011,11:40]
[***.115.153.178]
DocD
(in reply to: Marriages of Convenience)
Since when does "EVERYONE IN CANADA" equality provisions of the Charter not cover permanent residents in Canada accused of misrepresentation.

Why does a PR have to prove their innocent instead of the Immigration Division have to prove they´re guilty?

In that on a balance of probabilities (not beyond a reasonable doubt) there are grounds to believe is a permanent resident who is inadmissible for directly or indirectly misrepresenting or withholding material facts.

It means that someone else can misrepresent and you get caught up in their misrepresentation and your gone!

Seems fair DocD until it happens to you.

Roy
cvimmigration.com

[30-11-2011,07:51]
[**.245.183.211]
Roy
(in reply to: Marriages of Convenience)
UnQute "Seems fair DocD until it happens to you."

It seems fair to me. You keep bringing up the Charter but I am not too sure if you really know what you are talking about.

Here, do some reading:
http://laws.justice.gc.ca/eng/charter/

The only people oredered deported are the ones who have been proven guilty. Investigations don´t happen randomly. There is always a reason for an investigation to start.

I am a human lie detector and I found that normally the people that follow the law and don´t lie, don´t get investigated. Isn´t that weird? hmmmmmm.


[01-12-2011,15:45]
[***.115.153.178]
DocD
(in reply to: Marriages of Convenience)
Anyone that gets divorced within two years of getting Landed in Canada gets Investigated if they sponsor another.

Come on the Minister of Citizenship & Immigration is going to prevent anyone from sponsoring another if their marriage ends within 5 years.

They get investigated even 6 - 10 years later.

I get it two years is not a random number.

Roy
cvimmigration.com

[02-12-2011,06:59]
[**.245.183.211]
Roy