There are Solutions

Clearly there is not one clear solution to this complex issue or many governments around the world would have adopted that law/practice. That said, there are a number of viable solutions being presented including a three year probationary period for immigrating spouses. If they are no longer in the marriage before that time is up they would have their permanent residence status revoked and be asked, in accordance with their signed agreement, to return to their previous home country. Exceptions would certainly have to be made where abuse and/or children may be involved, therefore not leaving immigrants in an abusive relationship just so they can stay in our wonderful country. This proposal is explained in more detail by Palwinder Gill Canadian Marriage Fraud Victim Society. Additionally, you may find an online petition addressed to the Minister of Immigration and Citizenship and the Minister of Public Safety. View it here.

An alternative is a marriage visa. Such a document may carry all the rights of full residency, however, being that the immigration is based solely upon a marriage; in the event of a dissolution of that marriage the sponsored spouse would have agreed, in advance, to return home. Such a document may be converted to permanent residence status based on earned criteria such as demonstrating your ability to participate and contribute to the Canadian community rather than being an added burden.

B.C. New Democrat MLA Raj Chouhan, spearheading a campaign to raise awareness of marriage fraud, says a probationary period is not the solution advocating, instead, "...[more] dialogue on policy dealing with these issues on an individual rather than blanket basis." (CBC.CA, June 23, 2006).

India, coping with the problem of foreign men marrying Indian women for their dowry then abandoning them, "proposes creating 'special cells' in Canada and other locations that have a significant Indian population," said Vayalar Ravi, minister for overseas Indian affairs. (Calgary Herald, March 11, 2006). These cells will attempt to extradite guilty parties back to India, as well as help ascertain the suitability of prospective grooms wanting to marry and immigrate to India.

Canada may consider occasional case reviews or, in particular, at least when there is a registered complaint. We may consider some form of demonstrated sustainability ... an ability to function as participating members of society instead of ersatz refugees from bad marriages.

Some past incidents demonstrate that laws do already exist and reports of incidents of marriage fraud need to be investigated. In March of 2006 Madhavi Raju was awarded damages for tortious deceit by the BC Supreme Court in her civil case against Rajendra Kumar, her Fijian husband who left and hid from her three weeks after arriving in Canada (VoiceOnline.com, April 1, 2006). At the moment this ruling only sets precedent in B.C. civil cases. We must, still, ask if we want to keep fraud artists and other criminals.

In all events, you should communicate with your Member of Parliament (MP) about immigration fraud. Visit the Federal Government web site to find your MP and with contact information based on your postal code. Click here to find your MP. Suggested content/guidelines on an email on this issue can be found here.