Immigration | Can you help me with a business wedding?

Dear Miss Powell,

Can you help me with a business wedding for Canada?

G.M.

Dear GM,

I’m a little taken aback by your question. If by “business wedding” you mean marrying someone primarily to obtain immigration status in Canada, my simple answer is - no!

Under Section 4(1) of the Immigration and Refugee Protection Regulations, a marriage will not be recognised for immigration purposes if it is not genuine, or if it was entered into primarily to acquire a status or privilege under the Immigration and Refugee Protection Act. Such a finding is enough to nullify a sponsorship application. The two grounds do not both need to be proven.

Additional Consequences

You risk not just a refusal of your application but there are added consequences. Providing false information or concealing material facts about the relationship can result in a finding of misrepresentation under Section 40 of the Immigration and Refugee Protection Act. That means you would be inadmissible to Canada for five years.

A Canadian citizen or permanent resident who knowingly participates in a marriage of convenience or accepts payment for assisting a foreign national to gain status in Canada, may also face serious consequences and the government of Canada warns that criminal charges are possible.

Immigration officers do not simply look at the marriage certificate. They usually examine evidence of the relationship, including contact between the couple, visits, photographs, shared finances, living arrangements and other evidence showing whether the relationship is genuine. Interviews may also be conducted to verify the information presented on paper.

If you are asking because you are in a genuine relationship and are simply worried that the circumstances might look otherwise, the answer is different. A marriage does not have to be free of practical benefits, including immigration benefits, to be genuine. The important question is whether the relationship itself is real and whether obtaining immigration status was the primary reason for getting married. There is no single factor that the immigration officer examines to determine if the marriage is genuine.

If you are in a genuine, committed relationship, then I suggest that you schedule an appointment with an immigration lawyer and present proof of your relationship, including timeline of how it developed, present proof of cohabitation or regular contact, share life and social recognition. Be prepared to answer the questions presented by your Counsel truthfully and consistently.

If “business wedding” was simply a typo, please write back and I will answer the question you intended to ask.

Deidre S. Powell is a lawyer, mediator and author in Canada. Contact her via www.deidrepowell.com or WhatsApp 613-695-8777.