Should You Consider a Sham Marriage for Canadian Immigration? Consequences of Getting Caught

Immigrating to Canada is a dream for many people around the world, including some in Vietnam.

To legally obtain a PR card to live and work in the land of the maple leaf, you must go through a waiting period to reunite with family members or spend a significant amount of money to invest, start a business, or participate in labor or economic immigration programs.

Therefore, many people who want to move to Canada quickly choose the path of fake marriage to obtain permanent residency.

Compared to other immigration pathways to Canada, spousal sponsorship is the fastest in terms of processing, and there is no annual limit on the number of visas issued.

However, fake marriages for Canadian immigration can have serious consequences. So, is it advisable to consider a fake marriage for Canadian immigration? What are the penalties for engaging in a fake marriage to obtain a PR card? All of this will be answered in the following article. Check it out now!

1. What is a Fake Marriage for Immigration to Canada? Signs of a Fake Marriage to Canada.

Canada places great importance on reuniting families, which is why permanent residents or Canadian citizens are allowed to sponsor their spouses or common-law partners under the family reunification category as stipulated in the Immigration and Refugee Protection Act.

However, some couples use marriage as a means to bypass the Canadian immigration system and obtain a green card through a fake marriage. This is considered a federal crime.

Through investigations of marriage fraud conducted by Immigration, Refugees, and Citizenship Canada (IRCC), many types of marriage fraud solely aimed at obtaining a green card for Canada have been uncovered, such as:

• A Canadian citizen is being paid or charged money to marry a foreigner and obtain a PR card for that person.
• Marriages are arranged through mail-order bride companies where both the foreigner and the citizen are aware that it is a fraudulent act.
• A foreign citizen deceiving a Canadian citizen into believing that the marriage is legitimate, when it is not. In this case, it would be referred to as “marriage fraud” rather than a “sham marriage.”

In other words, a fake marriage to go to Canada occurs when your marriage has no legal value. For example, you married someone and have not yet divorced.

Any marriage that takes place solely for the purpose of allowing a foreign immigrant to enter Canada and receive a green card is considered a fake marriage for immigration to Canada.

2. Consequences of a Fake Marriage for Immigration to Canada

The Criminal Code stipulates that organizing a fake marriage is a criminal offense in Canada. This occurs when a Canadian citizen or permanent resident enters into a marriage or common-law relationship with someone outside Canada’s borders solely with the intention of allowing that person to immigrate to Canada.

They submit a sponsorship application, and when the sponsorship is completed, the newcomer receives their permanent residency card. After three years, when they obtain Canadian citizenship, they may file for divorce and separate.

In some cases, both parties in the marriage are aware that it is a fraudulent union. In other cases, the sponsor does not know that their partner entered the marriage solely for immigration purposes.

See more: Spousal Sponsorship for Immigration to Canada

2.1 Penalties for Immigration Marriage Fraud

If you are convicted of organizing a fake marriage, the maximum penalty is a prison sentence of 5 years, or a lesser penalty if it is considered a summary conviction.

According to information from Immigration, Refugees, and Citizenship Canada (IRCC), “lying or submitting false information” to Canadian officials when applying for passports, travel documents, and certificates in a fake marriage for immigration to Canada is a serious crime.

The IRCC’s statement notes that lying on immigration forms is a criminal offense. If this can be proven, foreign nationals will be barred from entering Canada for at least 5 years.

Those within Canada’s borders may lose their permanent resident status or could be deported from Canada.

2.2 Defending Against Immigration Marriage Fraud

If you were unknowingly deceived by your spouse into entering a fake marriage, not being aware of the criminal activity could be a defense.

Another defense is if your rights under the Canadian Charter of Rights and Freedoms were violated during the police investigation.

If the police conducted an illegal search and seizure to obtain evidence, your lawyer could ask the court to exclude that evidence.

In any case, a successful defense is built on the specific facts of the case.

3. How Can You Immigrate to Canada Without a Fake Marriage?

If you want to fulfill your dream of moving to Canada without a Canadian citizen or permanent resident sponsor and without resorting to a fake marriage, you can immigrate to Canada through an economic immigration program.

Some economic immigration programs to Canada include:

• Federal Skilled Worker Program (FSW): Managed by Express Entry, this program is for immigrants with the necessary education, work experience, English and/or French language proficiency, and other skills needed to establish themselves economically in Canada.
• Federal Skilled Trades Class (FSTC): Also managed by Express Entry, this program is for foreign workers with qualifications in skilled trades.
• Canadian Experience Class (CEC): Managed by the Express Entry system, this program welcomes expressions of interest from foreign workers with Canadian work experience or recent graduates from Canadian educational institutions who are working in Canada.
• Atlantic Immigration Pilot Program (AIPP): This program allows designated employers in Atlantic Canada to hire foreign skilled workers or international graduates from the Atlantic region (Newfoundland and Labrador, Prince Edward Island, Nova Scotia, and New Brunswick).
• Caregiver Programs: Canada allows eligible foreign caregivers who take care of children and individuals with high medical needs to apply for permanent residency.
• Federal Business (Start-Up Visa and Self-Employed Program): These federal business programs allow eligible foreign nationals to run new or existing businesses in Canada.
• Provincial Nominee Program (PNP): This program allows participating provinces and territories to nominate eligible economic immigration candidates for Canadian permanent residency.
• Quebec Skilled Worker and Quebec Business Programs: The province of Quebec operates its own immigration system separate from the federal system.

4. Should You Enter a Fake Marriage to Immigrate to Canada?

As ImmiPath has explained above, it is strongly advised against entering a fake marriage just to obtain a PR card. If Immigration, Refugees, and Citizenship Canada (IRCC) discovers the fraud, you will face severe consequences, the most serious being deportation and a permanent ban from entering Canada.

If you wish to move to Canada but do not have a sponsor, you can choose to immigrate through provincial or federal economic programs. These pathways offer the opportunity to obtain a PR card, and after living in Canada for three years, you can apply for citizenship and enjoy the same rights as native Canadians.

If you have any further questions about fake marriages for immigration to Canada, please comment below the article, and the ImmiPath advisory team will provide support and advice with all the experience and heart, helping you choose the right and legal path to Canada.