Mr. Speaker, insofar as Citizenship and Immigration Canada is concerned, in response to a) Citizenship and Immigration Canada, CIC, and the Canada Border Services Agency, CBSA, are both concerned about marriages of convenience. Together, the departments are engaged in the investigation of these cases. CIC is currently analyzing the issue of marriages of convenience cases and will be providing recommendations on how to better address this issue.
A survey and a case assessment tool were created and distributed to CIC and CBSA regional offices in order to identify gaps. In addition, CIC developed a strategic anti-fraud action plan in May 2007, addressing key issues such as training and guidelines. It outlines the next steps in combating marriages of convenience. This includes updating and modifying the anti-fraud manual and defining fraud investigations regarding marriages of convenience. Furthermore, in 2007 CIC worked alongside the B.C. government in the production of a publication to sensitize the public on the financial responsibilities of a family class sponsorship and impact of fraudulent marriages.
In response to b) Relationships of convenience are specifically prohibited in section 4 of the Immigration and Refugee Protection Regulations. In response to the survey of September 2007, both CIC and CBSA put forth numerous recommendations that they felt could help solve the marriage of convenience problem. Some of these recommendations include: training on how to properly conduct an investigation; interviewing the subject and the sponsor in detail; and having detailed notes from the interview.
All the solutions recommended by both CIC and CBSA will be studied closely in order to implement policies and procedures that would best alleviate the concerns associated with marriages of convenience.
In response to c) Quantifying the rate of marriage fraud is difficult as relationships can break down at any time in a marriage, from the date of entry to Canada to several years into the marriage. CIC takes all tips, complaints, and reports of alleged marriage of convenience seriously and investigates where there is sufficient information to do so.
In response to d) The work that CIC does concerning marriages of convenience focuses primarily on preventing people involved in marriage fraud from getting to Canada. This pro-active approach, rather than a re-active one, protects Canadian citizens and permanent residents from becoming victims by taking steps to deny permanent resident visas to foreign nationals who enter into marriages of convenience. When a sponsor becomes a victim, he or she may contact CIC or CBSA and provide information. Where sufficient information is obtained, CIC and CBSA may open a marriage of convenience investigation that could potentially result in the loss of permanent resident status for the sponsored individual.
In response to e) The Immigration Refugee Protection Act, IRPA, the regulations and the overseas processing manual all have references prohibiting relationships of convenience to prevent persons in such relationships from immigrating to Canada
When a determination is made that there is indeed evidence to support an allegation, CIC then takes the appropriate steps to either refuse the case or to ensure that the individuals involved do not benefit or continue to benefit from their actions. Individuals who have entered Canada under false pretenses could be subject to removal.
Several actions have been taken to address this issue. A survey and a case assessment tool were created and distributed to CIC and CBSA regional offices in order to identify gaps. In addition, CIC developed a strategic anti-fraud action plan in May 2007, addressing key issues such as training and guidelines. It outlines the next steps in combating marriages of convenience. This includes updating and modifying the anti-fraud manual and defining fraud investigations regarding marriages of convenience. Furthermore, in 2007 CIC worked alongside the B.C. government in the production of a publication to sensitize the public on the financial responsibilities of a family class sponsorship and impact of fraudulent marriages. As well, CIC’s website informs clients of the legal obligations of a sponsorship and the importance of the responsibility for ensuring a marriage is genuine.