Some Chinese nationals, eager to obtain Canadian residency but unable to meet the immigration requirements, have resorted to desperate measures by entering into sham marriages to secure permanent resident status. However, once the fact of a sham marriage is discovered, the individuals involved may face deportation back to China. Even if the individual has remarried, has children in Canada, and is fulfilling their parental obligations, there are no exceptions.
Deportation still applies even with children
According to Federal Court of Canada documents, a Chinese man, Mr. Qiu, came to Canada as an international student in 2005 at the age of approximately 19. Introduced by a classmate from his English class, he met a Canadian woman, Elizabeth Qiu, in 2006. He paid 46,000 CAD to have someone arrange his marriage to Elizabeth and subsequently submitted an inland spousal sponsorship application.
Mr. Qiu became a Canadian permanent resident in August 2008 and divorced less than two years later. He admitted that marrying a local to obtain status was his primary purpose for coming to Canada.
During her marriage to Mr. Qiu, Elizabeth maintained a genuine relationship with another man until they broke up in 2013. Mr. Qiu, meanwhile, maintained a relationship with a woman in China, with whom he had two daughters in February 2008 and September 2009, respectively. After they separated, Mr. Qiu applied for and was granted custody of these two girls in 2013. The two children remained in China, cared for by their grandparents.
Starting in 2014, Mr. Qiu began dating a single mother, Ms. Wang, in Canada, and the two married in May 2015. Mr. Qiu took responsibility for raising Ms. Wang's 5-year-old son. Later, Ms. Wang became pregnant with Mr. Qiu's child.
Canadian customs authorities began investigating the marital relationship between Mr. Qiu and Elizabeth in 2013. Mr. Qiu submitted documents to customs, claiming that he and Elizabeth were truly in love. His landlord wrote to customs, claiming that Mr. Qiu and Elizabeth had lived together. Customs later investigated and found that the landlord had misrepresented the facts.
In February 2014, customs discovered that Mr. Qiu had engaged in a sham marriage and intended to deport him. In June of the same year, Mr. Qiu admitted to the sham marriage but did not want to leave Canada.
During his appeal, Mr. Qiu stated that he hoped for compassion and humanitarian aid from government departments. If he were deported to China, his stepson and his unborn child would be severely affected. He would have to wait seven years before he could potentially reunite with his family. This is due to the immigration department's five-year ban on his entry, combined with the time required to apply for an "Authorization to Return to Canada." His wife would also need to submit an application to sponsor his immigration.
The Appeals Division dismissed Mr. Qiu's appeal on the grounds that his remorse was not sincere. He knew that he should not have entered into a sham marriage, yet he never proactively admitted his wrongdoing to government departments for many years. He only confessed after customs discovered the sham marriage.
After his first appeal was rejected, 30-year-old Mr. Qiu decided to file a second appeal. In February of this year, the Federal Court dismissed his appeal. The reason was that Mr. Qiu was not deserving of sympathy; both he and Ms. Wang knew before they married that he was likely to be deported from Canada. He faces deportation. If he does not appeal further or apply for a Pre-Removal Risk Assessment, he must leave the country immediately.
Spent 50,000 CAD on a sham marriage
According to the ruling documents of the Immigration and Refugee Board of Canada, a Chinese student, Mr. Tang, came to Canada in 2001 to study English. Between 2001 and 2006, he studied at a college and later pursued an undergraduate degree at a polytechnic institute in British Columbia. His student visa was about to expire, and he had not yet graduated.
Mr. Tang applied to extend his student visa in February 2006. The immigration department discovered that he had not been studying full-time as required; they not only rejected his application but also issued a removal order, requiring him to leave Canada within 30 days.
Mr. Tang was desperate to stay in Canada and, after consulting an immigration consultant, considered applying for investment immigration, but his academic qualifications were not high enough to qualify.
Following the advice of his immigration consultant, Mr. Tang traveled to Ontario twice in 2006 and paid 50,000 CAD to have someone arrange his marriage to a Canadian woman named Terrie. In November of the same year, Mr. Tang submitted a spousal sponsorship application. About a year later, Mr. Tang became a Canadian permanent resident. In reality, the two of them had not spoken a single word to each other around the time of their marriage.
Upon investigation, the federal government discovered Mr. Tang's sham marriage, and his immigration consultant was found to have repeatedly facilitated sham marriages for others. In January 2016, government departments issued a deportation order to Mr. Tang; he expressed deep regret but decided to appeal.