By Attorney Henry Moyal
JILTED SPOUSE CAN SUE FOR FAKE IMMIGRATION MARRIAGE
Q. I am over 40 years of age and I married a man in the Philippines about 3 years ago who is 10 years younger. After our elaborate wedding, we spent time on our honeymoon in Asia and I eventually sponsored him to Canada. If was not an easy application as the visa officer was suspicious about our relationship and suspected that he was using me only for immigration purposes. I spent a considerable amount of money traveling back and forth, phone calls and government fees to have him come to Canada. A week or so after he landed, he started to fight with me over small things and I got the feeling he never really wanted to live with me in the first place. He left our apartment after about 4 weeks and he has not called me since. What can I do to have him deported from Canada?
A. Unfortunately, this is not an uncommon scenario. I have heard of such cases before and have presented several cases to Canada Immigration. The not-so-good news is that Canada Immigration will rarely deport these cheats as they are reluctant to enter into personal family disputes. Depending on what kind of evidence you have to prove the deceit, it may be worth trying.
On a positive note, a recent case from British Columbia Supreme Court granted damages in a case similar to yours. In that case, the woman sued her husband for tort of deceit and won. The husband in that case dumped his wife after 17 days in Canada and absconded without a trace. She was awarded over $21,000 for “hurt feelings, humiliation, inconvenience, wedding ring and government fee”.
In reaching his decision, the judge held that the four key elements of deceit existed:
1. false representation
2. defendant’s (husband) knowledge of its falsity
3. his intent to deceive and
4. reliance by the plaintiff (wife) with resulting damage.
Q. I have overstayed my visitor status for about 2 years now. I have been reading the articles in the daily newspapers about how the immigration department is targeting illegals and deporting several ethnic groups like the Portuguese community. Are Filipinos at risk? Do I have to worry?
A. While it may seem via media coverage that the Portuguese community is being targeted, in my opinion that is not the case. I also do not think that some person at immigration wakes up one day and says “ ok, this week we are going after the Filipinos or the Chinese”. In my many years of experience, I have learned that the media only shows you what they want you to see. Who do you think called the daily newspapers to cover the story? It surely was not Canada Immigration. That being said, I do not think that you should be worried because you are Filipino. You should be concerned since you are illegal. If you only overstayed it is likely they may not catch you soon. Remember, the Portuguese families in the news lately all applied for refugee status and lost. By applying for refugee status you are automatically given a conditional removal order…..which means they will end up catching you one day. I suggest that you investigate the appropriate options available to legalize your status as soon as possible.
The minimum income level required to sponsor family class members is not required when a person sponsors a spouse. In general , for a family unit of two the minimum income level of about $25,000 is required. You are not required to earn that amount.
Q. I am a USA citizen and I became a Canadian permanent resident 3 years ago. I want to apply for Canadian citizenship now. Will I lose my USA citizenship by doing so?
A. No. both Canada and USA permit dual citizenship.
Attorney Henry Moyal is a certified and licensed Immigration Lawyer in Toronto, Ontario. The above article is general advice only and not intended to act as a legal document. Send questions in confidence to Balita or to Attorney Moyal by fax, mail or email canada@moyal.com
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