To understand the Canadian Sponsorship Undertaking concerning an invalid marriage or divorce, it is better first to know the basic requirements when you’re a sponsor. To start with, being a sponsor implies that it is vital to sign an undertaking, and they must fulfill the basic needs of their spouse, partner, and dependent children.
Essential requirements are as follows:
- Food, clothing, and shelter, along with different requirements for daily routine.
- Dental and eye care, along with other health requirements don’t fall under public health services.
Additionally, as a sponsor, one must ensure that the sponsored party will not demand financial help from the government. Besides this, if they happen to take social assistance in Canada, you will be required to reimburse what they acquired through the government. This applies to the sponsor when they are financially responsible for the sponsored party.
The undertaking duration for a spouse, conjugal partner, or common-law partner will be three years from the day the sponsored individual gains Canadian permanent residence.
The undertaking length for Quebec residents varies from the length of the undertaking period. This is true even when the circumstances change.
The undertaking’s cancellation or end will not occur even under the following conditions:
- You become divorced, separated or your relationship with the sponsored individual ends;
- In case you or the sponsored party shift to another province or country;
- The sponsored individual gains Canadian citizenship; and
- You suffer from financial challenges.
Canadian Sponsorship Undertaking concerning an invalid marriage
An IRCC officer officially investigates your relationship if you’re looking to sponsor your spouse or partner. Hence, it is essential to convince the officer about the authenticity of your relationship. To prove your relationship is genuine, the applicants must submit specific documents as evidence. The proof can include several things, such as joint ownership proof of residential property, wedding invites, and other documents demonstrating that applicants and sponsors reside at the same address or have the same joint bills. These are cell phone bills and tax forms.
An invalid spousal or common-law partnership that took place only to acquire a status or privilege will face rejection. In a few cases, sponsors or foreign candidates get into “marriages of convenience.” These types of marriages or relationships work with the sole purpose of letting the sponsored individual immigrate to Canada.
In addition, IRCC officers acquire official training to identify authentic applications. Moreover, those with Canadian citizenship or permanent residence who have entered a marriage of convenience for immigration reasons might be accused of a crime.
Conversely, there might also be situations where Canadian citizens or PR holders become victims of fraud. Moreover, marital fraud occurs when the process of sponsorship is complete. Once the sponsored individual acquires Canadian PR, they will leave and put an end to their marriage or relationship. This means that they will use the sponsor for Canadian immigration.
What to do if you are a victim of marital fraud?
In the case of being a victim of marital fraud, it is best to connect with IRCC and justify the whole situation. Even though you will still hold the responsibility for a sponsored individual’s undertaking, there will be underlying situations for that person. In addition, IRCC will look into the matter of marital fraud.
The immigration department will have the authority to do the following:
- Allowed to charge them with a crime.
- Ban their arrival in Canada for a period of five years.
- Declare their removal from Canada.
- Take away from their permanent residence and Canadian citizenship status.
The government of Canada has revealed a lot of information regarding protection against immigration fraud. Furthermore, they recommend being careful when marrying someone and regarding their sponsorship to Canada. This applies to those also who have just met someone new and seek a quick marriage. They might have been married multiple times before, or they might not reveal proper information regarding their family background.
Our immigration representatives at Make Home Canada have immense knowledge related to Canadian immigration. To clarify your doubts or queries, you may write to us at [email protected]
