These are our thoughts on marriage fraud both from the perspective of those accused of marriage fraud and those sponsors that feel that they've been the victim of marriage fraud.
The government of Canada has changed the Regulations to require the sponsored person to live with their sponsor in a conjugal relationship for two years after landing. There are exceptions to this requirement, and we will be seeing specious allegations of abuse to circumvent removal and deportation. If the Canada Border Services Agency writes a report alleging misrepresentation or non-compliance with the IRPA or IRPR then a hearing will be held. The report can be challenged; if the report is found well founded then a removal order will result. The sponsored person still has the ability to appeal against the removal order to the Immigration Appeal Division which can review all the circumstances of the case including humanitarian and compassionate grounds such as establishment in Canada, hardship upon return. If you are the subject of removal or investigation, and falsely accused of marriage fraud, it is imperative that you contact experienced immigration counsel. If you are the sponsor, it's important to provide CBSA with the documents that they will require. My best advise however is that ultimately the best way to prevent marriage fraud is prevention. Do your due diligence. Sponsors overlook red flags and warning signs. Take your time and trust your instincts.
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