Marrige fraud

i like to know whats the punishment for a marrige fraud

Asked 8 months ago in Quebec
Categories: Criminal Law Immigration

Answer Now

Answer by Marina Sedai

British Columbia lawyer

The Canadian government could take steps to strip the immigrant of his/her permanent residence status. Under the law, jail and fines are possible for misrepresentation, although these consequences are far less common. The current government would like to have greater punishments meted out more often.
Relevant provisions in federal law:
40. (1) A permanent resident or a foreign national is inadmissible for misrepresentation
(a) for directly or indirectly misrepresenting or withholding material facts relating to a relevant matter that induces or could induce an error in the administration of this Act;
(b) for being or having been sponsored by a person who is determined to be inadmissible for misrepresentation ...
Misrepresentation
127. No person shall knowingly
(a) directly or indirectly misrepresent or withhold material facts relating to a relevant matter that induces or could induce an error in the administration of this Act;
(b) communicate, directly or indirectly, by any means, false or misleading information or declarations with intent to induce or deter immigration to Canada; or
(c) refuse to be sworn or to affirm or declare, as the case may be, or to answer a question put to the person at an examination or at a proceeding held under this Act.

Penalties
128. A person who contravenes a provision of section 126 or 127 is guilty of an offence and liable
(a) on conviction on indictment, to a fine of not more than $100,000 or to imprisonment for a term of not more than five years, or to both; or
(b) on summary conviction, to a fine of not more than $50,000 or to imprisonment for a term of not more than two years, or to both...

Posted 8 months ago

Marina Sedai, Lawyer Chair, Canadian Bar Association (BC Immigration Section) Sedai Law Office Unit 110 10768 Whalley Boulevard (Quattro 1 Bldg) T. 778-395-7810; F. 604.909.4859 msedai@immigrationcitizenshiplaw.com www.immigrationcitizenshiplaw.com

Marina Sedai provides only general legal information on this public site. The information provided should not be taken as advice in your individual case. She only provides legal advice to individuals in the context of a solicitor-client relationship, in which the facts gathered may change the information provided.