Marriage Fraud and Canadian Immigration: What You Need to Know

Marriage is meant to be a personal and legal union built on trust. But in the world of immigration, it can also be misused as a shortcut to permanent residence — and when it is, the consequences can be serious for both the sponsored spouse and the sponsor. In Canada, marriage fraud is not only a violation of immigration laws; it's also a betrayal that can carry long-lasting legal and emotional consequences.

In this post, we explain what marriage fraud is, how it affects immigration to Canada, and what both sponsors and applicants should be aware of to stay on the right side of the law.

What Is Marriage Fraud?

Marriage fraud occurs when a foreign national enters into a marriage or common-law

partnership with a Canadian citizen or permanent resident for the sole purpose of gaining immigration status in Canada, rather than to build a genuine, long-term relationship.

In these cases, the relationship is often staged or exaggerated, and the sponsoring partner may or may not be aware of the deception.

Two common scenarios:

1. Fraud against the system: Both parties collude to stage a fake marriage in exchange for money or favours.

2. Fraud against the sponsor: A Canadian sponsor enters a genuine relationship, only to discover later that the foreign spouse was using them solely for immigration purposes and leaves shortly after receiving status.

What Are the Consequences?

For the applicant (foreign national):

• Permanent residence can be revoked if fraud is discovered.

• They may face removal orders and be barred from re-entering Canada.

• In some cases, criminal charges may be laid for misrepresentation or immigration fraud.

For the sponsor (Canadian citizen or permanent resident):

• If found complicit, the sponsor could face fines or charges under Canadian law.

• Even if unaware, the sponsor remains financially responsible for the sponsored spouse for three years, even if the relationship breaks down.

• Emotional and psychological harm from being deceived can also take a heavy toll.

How Does IRCC Detect Marriage Fraud?

Immigration, Refugees and Citizenship Canada (IRCC) uses several methods to detect non-genuine relationships, including:

• Detailed relationship questionnaires

• In-person or virtual interviews

• Analysis of communication history, joint assets, and shared responsibilities

• Site visits and background checks

IRCC officers are trained to spot red flags like:

• Large age differences without a clear explanation

• Inconsistent or contradictory information

• A short relationship history before marriage

• Language or cultural barriers that appear insurmountable

• A sponsor with a history of sponsoring multiple spouses

What Is a "Genuine Relationship"?

To qualify for spousal sponsorship, IRCC must be convinced that the relationship is genuine and not entered into primarily for immigration purposes.

This means the couple must:

• Be able to demonstrate emotional and physical connection

• Share aspects of life together (e.g., living arrangements, financial ties)

• Know significant personal details about one another

• Communicate regularly if living apart

A marriage certificate alone is not enough. Supporting documents such as photos, shared lease agreements, joint bank accounts, and travel itineraries are critical in proving the authenticity of the relationship.

What If You’re a Victim of Marriage Fraud?

If you are a sponsor who suspects that your partner used you to immigrate to Canada, it’s important to:

• Report your concerns to IRCC through their tip line or online form

• Seek legal advice to understand your rights and obligations

• Consider withdrawing sponsorship if the application is still in process

Keep in mind that you remain financially responsible for your partner for three years after they receive permanent residence, regardless of relationship status.

How Gateway to Canada Can Help

At Gateway to Canada, we work with individuals and families navigating the immigration process ethically and carefully. Whether you're a sponsor seeking guidance or an applicant wanting to ensure your documentation reflects the true nature of your relationship, we can help.

We offer:

• Case review for spousal sponsorship applications (Free Assessment)

• Assistance in preparing supporting documents

• Legal referrals in cases involving suspected fraud

• Guidance if you are facing a spousal interview or investigation

Final Thoughts

While love knows no borders, Canadian immigration law does. Entering into a marriage of convenience is not only unethical — it’s illegal. IRCC takes marriage fraud seriously, and both applicants and sponsors must approach the immigration process with honesty and diligence.

If you're preparing to sponsor your spouse or apply for permanent residence through marriage, make sure you're doing it right. A genuine relationship, well-documented and clearly explained, is your best protection against accusations of fraud.

Have questions or need help with your spousal sponsorship application? Contact Gateway to Canada today.