Why it is important to know what type of relationship can be categorized as of Convenience?
The first step is to determine the spousal application class. Your relationship must qualify as common law, conjugal or married. Your relationship can be considered non-genuine if it does not meet the test of section 4 (1) of the immigration and refugee protection regulations (IRPR) –
IRPR Section 4 (1) For the purposes of these Regulations, a foreign national shall not be considered a spouse, a common-law partner or a conjugal partner of a person if the marriage, common-law partnership or conjugal partnership
(a) was entered into primarily for the purpose of acquiring any status or privilege under the Act; or
(b) is not genuine.
Merely by getting married will not in itself give legitimacy to a weak conjugal relationship in order to satisfy the requirements of the provision. Does this mean that applicant’s infidelity of having an affair during the subsistence of marriage when admitted at the interview result in refusal of application by the Immigration Officer? It may or may not as each case get assessed on its individual facts and circumstances.
Citizenship and Immigration Canada on its website (February 14, 2016) explains how some people abuse spousal sponsorship:
“Some people abuse spousal sponsorship by entering into marriages of convenience, so that they can sidestep Canada’s immigration law. Marriages of convenience usually take one of two forms:
A couple pretends to be in a genuine relationship, so that the sponsored spouse can come to or stay in Canada. In some cases, the sponsor may be given a financial or other kind of benefit in exchange for the sponsorship; or
One of the partners enters the relationship in good faith, while the other is using the relationship only to gain permanent status in Canada. This victimizes the sponsor.
In both cases, the relationship often ends shortly after the sponsored person arrives in Canada.”
Applications from non-genuine relationships weaken Canadian immigration system and make the process more difficult for genuine immigrants. This stresses the system and also leads to multiplicity of litigation.
Every case has its own unique complexity and challenges. We recommend doing a consultation so that we can assess your situation and come up with the best strategy to achieve the results you are after. You can reach us by calling our office line: Vancouver Island 1(778) -971 -0034 and Vancouver 1(778)-971-0034 or email [email protected]
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