Immigration Marriage Fraud

Section 292 (1) of the Criminal Code makes it an offence for Canadians to procure a feigned marriage. That occurs when a Canadian or a permanent residentSomeone given permanent resident status in Canada but who is not a Canadian citizen enters into a marriage or common-law relationship with someone outside our borders solely with the intention of having that person immigrate to Canada. They sponsor them and once that sponsorship is complete, the newcomer receives their permanent residency card. After three more years they can file for a divorce and part ways.

In some cases, both parties in the marriage know it is a false union. In other circumstances, the sponsor is not aware that their partner has entered into the marriage only for immigration purposes.

Canada places great importance on bringing families together, which is why permanent residents or citizens are allowed to sponsor their spouse or common-law partner under the family-reunification category set out in s.12 (1) of the Immigration and Refugee Protection Act.

Section 177 (1) of the Immigration and Refugee Protection Regulations allows "the sponsor's spouse, common-law partner or conjugal partner" to be sponsored as a spouse. Section 4 (1) of those regulations forbid marriages made in "bad faithA Bad Faith marriage is where the relationship was entered into primarily for immigrating.," requiring spousal-sponsorship applicants to prove that their relationship is "genuine" and not "entered into primarily for the purpose of acquiring any status or privilege." This regulation is meant to prevent foreigners from taking advantage of our country's family-reunification regime.

For the Crown or immigration officials to find you guilty of immigration marriage fraud they must demonstrate beyond a reasonable doubtThe standard that must be exceeded to find someone guilty that you knew your actions contravened Canadian laws and that you knew your marriage as not real but just a ploy to gain citizenship.

A hybrid offenceAn offence the Crown can proceed with summarily or by indictment. falls between a summary and an indictable offence, which immigration marriage fraudA marriage for the purpose of gaining immigration status to Canada. A Summary offenceLess-serious criminal offences is for less serious crimes such as thefts under $5,000, while an indictable offenceA more serious type of Canadian criminal offence. includes murder, sexual assault and aggravated assault. The Crown can deal with it as either a summary or indictable offence.

If you are found guilty of procuring a feigned marriage s.292 (1) of the Code states the maximum penalty is a five-year prison sentence, or a lesser offence if it is treated as a summary convictionUsed for lesser offences. According to information from Immigration, Refugees and Citizenship Canada (IRCC), "It's a serious crime to lie, or to send false information" to Canadian officials when applying for passports, travel documents and marriage certificates.

The IRCC statement notes that it is a crime to lie on immigration forms. If that can be proven, people coming from outside the country will be barred entry for at least five years. Those within our borders could lose their permanent residency or they could be removed from Canada

IRPA also contains a prosecution limit for refugee claimants in s. 133. In some circumstances, a refugee claimant cannot be charged with certain IRPA offences, including s. 127, while their claim is pending. This page gives general information only.

Immigration misrepresentation can also lead to immigration consequences, such as inadmissibility or refusal of an application. This page focuses on offence information.