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Entering into a false marriage to facilitate someone's immigration into Canada is considered marriage fraud. Marriages of convenience are not permitted under Canada's immigration law. It's illegal for someone who is a Permanent Resident or Canadian Citizen to marry someone who isn't, for the purpose of facilitating expedited immigration to Canada for that person.
If someone knowingly enters a fraudulent marriage for the purpose of allowing someone to stay in Canada illegally, it is an offence under the Immigration Act. Additionally, spousal sponsorship requires the Canadian Citizen or Permanent Resident sponsor to take financial responsibility for the person they married for two years. If the sponsored person accepts social assistance during these years, their sponsor is responsible for repayment to the Government.
Individuals entering into a marriage of convenience and immigrating to Canada could face ramifications once it's established that the marriage is fraudulent. They may be deported, a decision made and carried out by the Canada Border Services Agency. The alleged offender who is a Permanent Resident or Canadian citizen may also be charged with Fraud under the Criminal Code.
The Criminal Code states that anyone who, through deceit, falsehood, or other fraudulent means, whether or not it is a false pretense as defined by the Act, defrauds the public or any person of property, money, valuable security or any service, can be considered guilty of an indictable offence.
They may face imprisonment for a term not exceeding fourteen years if the offence involves a testamentary instrument or the value of the offence exceeds five thousand dollars.
The Code also stipulates that, if the value of the offence does not reach five thousand dollars, the person is still guilty and could either face an indictable offence with imprisonment up to two years or be punished on a summary conviction. An additional marginal note enforces a minimum punishment of imprisonment for two years if the total value of the offences exceeds one million dollars.
According to another marginal note, any attempt to defraud which affects the public market price of stocks, shares, merchandise, or anything publicly offered for sale, is an indictable offence with potential imprisonment for up to fourteen years. Fraud, as per these legal definitions, is a grave criminal offence.
If someone faces criminal charges for allegations of committing fraud or other criminal offences, contacting Kostman and Pyzer, Barristers for a free consultation, is suggested.
