Immigration Series: IRCC’s tips to protect yourself from NRI marriage fraud & how to get help

Don’t get involved in a false marriage. If you enter into a marriage of convenience to come to Canada as an immigrant, IRCC may take legal action against you, not allow you to enter Canada for 5 years, and deport you from Canada. (Photo: X)

Though updated data is not available, a 2018 petition in India’s Supreme Court mentioned there are more than 40,000 wives who have been deceived into marrying non-resident Indian (NRI) men from various parts of the world. Between 2015 and 2019, the Indian government has dealt with more than 6,000 complaints against NRI men who have abandoned/abused their wives.

Immigration, Refugees & Citizenship Canada (IRCC) has listed the basics of avoiding of marriage fraud, rules about sponsorship in Canada, how to get help and rights of women deceived into marrying NRI men.

Have you met someone from another country on the Internet or while travelling? It is a crime for a foreign national to marry a Canadian citizen or permanent resident only to gain entry to Canada. Think carefully before marrying someone and sponsoring them to come to Canada, especially:

• if you’ve just met
• they want to get married quickly
• they’ve been married or in a common-law relationship many times before
• they haven’t shared much information about their background or family

If you sponsor your spouse or common-law partner, you must give them financial support for three years even if the marriage or relationship fails. Sponsorship is a legal contract with the Government of Canada. You must meet its terms. If your spouse or common-law partner uses social assistance, you’ll have to repay the money. Also, you can’t sponsor anyone else until you repay the debt.

Marriages of convenience: In some cases, sponsors and foreign applicants set up a ‘marriage of convenience’, a marriage or common-law relationship whose sole purpose is to let the sponsored spouse or common-law partner immigrate to Canada. Canadian citizens or permanent residents who are in a marriage of convenience for immigration reasons may be charged with a crime. IRCC has several ways to spot marriage fraud, including:

• document checks
• visits to people’s homes
• interviews with both sponsors and applicants

Sponsors: Don’t be tempted by offers of money or other rewards to marry a person just so they can immigrate to Canada. If you do this, you may face serious criminal charges. You’ll also still have to meet the terms of the sponsorship. Don’t feel you must help somebody by being part of a marriage of convenience, no matter what the reason. It’s not worth the risks.

Visa applicants: Don’t get involved in a false marriage. If you enter into a marriage of convenience to come to Canada as an immigrant, IRCC may:

• take legal action against you
• not allow you to enter Canada for 5 years, and
• deport you from Canada

If you’re in an abusive relationship: You have the right to seek help. If you married a Canadian citizen or permanent resident who is abusive, you don’t need to live with them to keep permanent resident status any more.

You don’t have to stay in an abusive relationship to keep your status in Canada: The person who’s abusing you might tell you that you’ll be deported or lose your children if you leave. If you’re a permanent resident, you have rights and freedoms in Canada. Earlier, there was a condition on some sponsored spouses or partners of Canadian citizens and permanent residents under which you had to live with your sponsor to keep permanent resident status. That condition no longer exists, and your status no longer depends on you living with your sponsor.

• Call 911 or your local police in an emergency
• Call 1-888-242-2100 to contact IRCC’s Client Support Centre for information on citizenship or immigration status. Choose the option for victims of abuse and forced marriage to speak directly to an agent. They will tell you about your options. This includes a fee-exempt permit created for victims of family violence who need to escape their abusive spouse or partner
• Call 211 to find community, social and health services
• If you are a woman escaping violence, find a woman’s shelter
• If you are a young person who needs support, you can talk to counsellors without giving your name at Kids Help Phone: 1-800-668-6868 or visit kidshelpphone.ca

How to get help: IRCC has several organisations that can offer support or helpful information. Services are confidential. If you are facing family violence and are afraid of losing your immigration status in Canada by leaving your abusive spouse or partner, you have options:

If you have valid temporary status in Canada, you may be able to extend or renew your status

If your temporary status has expired, you may be eligible to restore your status or apply for a special permit to stay in Canada temporarily. Different programmes are available to immigrate to Canada, such as applying for permanent residence under humanitarian and compassionate grounds.