Report taken from CBC News: Citizenship and Immigration has signaled it intends to strengthen the law to address concerns about marriage fraud and marriages of convenience. The department has published what’s called a “notice of intent” that it wants to strengthen the Immigration and Refugee Protection Act to make it more difficult for people to use marriage as an easy way to become a citizen. Last year, Immigration Minister Jason Kenney held three town hall meetings where people expressed concerns about marriage fraud or marriage of convenience. They told heart-breaking stories of falling in love with someone from another country, sponsoring and marrying the individual, only to have the new spouse leave soon after arriving or months after beginning a new life together. Under the law, that new spouse eventually becomes a landed immigrant once the marriage takes place. So a marriage license can be a cheaper and quicker way of getting into Canada compared to applying to become an immigrant, a process that can take years. Immigration lawyers have been putting pressure on the government to act.
Marriage fraud is a deliberate and organized attempt to use fake marriages as a quick and easy entry into Canada. According to an investigation by CBC News, the problem was identified back in 2007 with India labeled as a hotspot. Marriage of convenience is the more common practice that involves an individual — and not an organized ring that could involve the person doing the sponsoring — who uses marriage as a quick route to Canada. An increasing number of men and women have complained that their new spouses are simply using them as pawns. Dozens of individuals told Immigration Minister Jason Kenney about being left standing at the airport by their new husband or wife. These accounts at cross-country town hall meetings gained lots of attention, as did a number of high-profile cases where individuals, frustrated by what they called government inaction, went public with their very private stories. Two lobby groups have also formed to put pressure on the government to deal with a problem that Kenney acknowledged during an interview with CBC News is growing. One of the two lobby groups attempted unsuccessfully to sue Kenney’s department for failing to take more decisive action.

Now the department of Citizenship and Immigration has countered with its notice of intention. In essence, this is the first step in a lengthy process where the department solicits public input before strengthening the law, a process that could take several months. There are concerns that the new rules could force individuals to stay in abusive marriages. Anticipating that criticism, the department vows to set up a process “for allowing bona fide spouses and partners in such situations to come forward without facing enforcement action.” It’s unclear how this process would take shape and whether the department would make alternate living arrangements for the spouse while the case is being reviewed. What’s also unclear is whether the department will have the personnel to deal with a caseload that could increase when the new rules kick in. During last year’s investigation, CBC News reported that the government has been unable to address the staff shortages that were signaled in a 2007 internal document. In an affidavit during the unsuccessful lawsuit against the citizenship department, an official conceded that there were only eight staff members assigned to deal with marriage fraud and marriage of convenience cases. And there were also problems at the Canada Border Services Agency, which is responsible for deporting individuals who have been accused of committing marriage fraud. In a formal response to an MP’s question, the agency admitted that marriage fraud is low on its list of priorities compared to more pressing concerns, such as suspected terrorists.

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