Saturday, October 02, 2010

On Bad Faith Relationships



Citizenship and Immigration Canada Operational Bulletin 238 dated September 30, 2010 specifies an amendment to section 4 of the Immigration and Refugee Protection Regulations.

Section 4 of the regulations provides elements in determining a "bad faith" relationship relating to Family Class sponsorship - spouse and adopted children.

Here's the amended provision:

Amended provision

The amended R4 provision provides for each of the two “bad faith” tests to stand on its own and separates the requirement related to spouses, common-law partners and conjugal partners (R4(1)) from that related to adopted children (R4(2)). The amended R4 provision reads as follows:

4. (1) For the purposes of these Regulations, a foreign national shall not be considered a spouse, a common-law partner or a conjugal partner of a person if the marriage, common-law partnership or conjugal partnership

(a) was entered into primarily for the purpose of acquiring any status or privilege under the Act; or
(b) is not genuine.

4. (2) A foreign national shall not be considered an adopted child of a person if the adoption

(a) was entered into primarily for the purpose of acquiring any status or privilege under the Act; or
(b) did not create a genuine parent-child relationship.

4. (3) Subsection (2) does not apply to adoptions referred to in paragraph 117(1)(g) and subsections 117(2) and (4).[Source]

Except for separating the provisions in determening bad faith relationships for adoption and marriages, there's no major changes in the amendment. Citizenship and Immigration Canada is serious in battling marriage fraud.

Then again, how does a Visa Officer determines if the relationship or marriage is not genuine? The burden of proof is with the applicant.

Sponsoring your spouse? Let us help you!