In a recent Ontario court case, it was revealed how some individuals are exploiting Canada’s family reunification policies through fraudulent marriages for immigration benefits.
An Ontario resident, Amratpal Singh Sidhu, confessed to participating in several “sham” marriages in India to help women immigrate to Canada in exchange for money and care for his mother.
Sidhu sought legal recognition of his marriage to Amandeep Kaur in family court, but the judge ruled against it, citing no legitimate marriage under Ontario law despite a traditional ceremony in 1997.
Instances like this highlight the ongoing issue of fraudulent relationships for immigration purposes in Canada, raising concerns about increased scrutiny on genuine couples due to anti-fraud measures.
Details of the Sidhu Case:
Sidhu and Amandeep Kaur had a traditional wedding ceremony in India in 1997, followed by Sidhu’s involvement in another fake marriage to assist a woman named Karamjit Kaur with immigration.
The court only recognized the second marriage, which was later dissolved. In 2022, Sidhu entered into another alleged sham marriage with Harjit Kaur, aiming to help her immigrate to Canada.
Despite claims of monetary transactions, Canadian authorities rejected the 2022 marriage certificate for immigration purposes, emphasizing the importance of lawful marriages in immigration processes.
Marriage Fraud in Canadian Immigration:
Marriages of convenience, also known as marriage fraud, involve relationships formed primarily for obtaining permanent residency in Canada rather than genuine partnership.
- Typical patterns of marriage fraud include monetary exchanges, staged cohabitation, and fabricated evidence to deceive immigration authorities.
- Legally, marriage fraud can result in loss of status, deportation, and criminal charges, highlighting the severity of misrepresentation in immigration matters.
Consequences and Legal Obligations:
Sponsors in fraudulent marriages are bound by a financial undertaking to support their partners for three years, regardless of the relationship’s sustainability.
After this period, sponsors can apply to sponsor a new partner once the previous obligations are fulfilled, although such cases often encounter heightened scrutiny during the immigration process.
Historical Precedents:
The Sidhu case echoes previous instances of marriage fraud in Canada, such as the case of Ms. Tan, who faced citizenship revocation for entering a fraudulent marriage.
Similarly, the MCI v. Liu case involved a foreign student engaging in a fake marriage orchestrated by a third party, shedding light on long-standing issues of immigration fraud.
