Fraud in Immigration: Beware of these Immigration frauds!

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Immigration Fraud

Immigration fraud is broad and can refer to a variety of alleged illegal activities. It can include committing purposeful deception on immigration forms to gain entry to Canada, marrying a Canadian purely for immigration purposes, or having someone falsely represent themselves as an immigration official.

Since immigration fraud frequently involves many people (interacting in distinct languages) and sometimes in different continents and countries, it can be challenging to curb. If you have been a victim of immigration fraud, you should contact an experienced lawyer right away. Here are the common forms of immigration fraud in Canada.

4 Common Types of Immigration Fraud

I. Misrepresentation

What Constitutes Misrepresentation in a Canadian Immigration Application? Section 40 of the IRCC Act considers it as misrepresentation if you explicitly or implicitly concealing or omitting material facts about a pertinent matter, which causes or may cause an error in the execution of the Act.

Some of the most typical types of immigration fraud under misrepresentation include forgery of papers, telling lies in your forms or during your interview, and withholding relevant information. 

If you provide fake documentary evidence, the IRCC will reject your citizenship application and may take the following actions:

  • prohibiting you from setting foot in Canada for at least five years;
  • give you a permanent criminal record
  • revoke your PR or citizen status 
  • recommend criminal charges against you, which might result in jail time and other fines
  • deport you

II. False impersonation of a Canadian citizen

Falsely claiming to be a Canadian citizen is a criminal offence. This fraud can take the form of providing false documents to Canadian authorities or a prospective employer. 

Citizenship fraud can occur in a variety of ways, including:

  • pretending to have lived in Canada for the legally stipulated period to qualify to become a citizen or PR.
  • using the documents of another person’s citizenship to create a persona for that person
  • failure to include all required details in the citizenship application
  • using a citizenship document that contains misleading info on purpose
  • living in Canada without legal immigration documentation and is ineligible to work.
  • overstaying the period allowed by their visa
  • being in Canada on a student visa and working for more hours than you’re allowed.

If found guilty, the offender can not only face a lengthy prison sentence, but they will also likely face deportation if they are in Canada illegally or on a limited visa status.

III. Fraudulent Marriage

Marriage fraud is the Act of a foreigner entering into a false marital union with a Canadian citizen for the sole goal of circumventing Canadian immigration rules and getting essential immigration documents.  It is one of the most widespread forms of immigration fraud. Persons suspected of marriage fraud are frequently subjected to a thorough examination by the federal government, which often include:

  • surprise visits to the couple’s home
  • the request of compelling documentation demonstrating that the spouse has lawfully joined their lives in marriage
  • conducting thorough interviews in the hopes of catching couples who are circumventing the law.

Canadians or permanent residents who engage in marriage immigration fraud as a sponsor may face criminal charges. If an immigration applicant tries to enter into a fraudulent marriage, IRCC has the following options:

  • bring criminal charges against them, which could lead to serving jail time or paying huge fines
  • deny them their visa
  • deny them entry to Canada for at least five years
  • deport them.

IV. Immigration officials’ false impersonation: counselling misrepresentation

Scammers pose as immigration agents and approach immigrants via phone, mail, or e-mail. They allege that the immigrants’ status is in jeopardy and ask for sensitive data such as social insurance number (SIN), birth certificate, passports, Health Care Card, credit card, and bank account details. This data is then exploited to steal immigrants’ identity, create new credit cards, and gain access to their bank accounts. In other cases, the con artists pretend to speed up a person’s application or gain special treatment from immigration officials.

Get in touch with Rameh Law now!

Our legal staff at Rameh Law regularly deals with issues of immigration fraud. We can assist you with your application so that you do not become a victim of fraud. If you have already been a victim of immigration fraud, we can assist you in obtaining a Temporary Resident Permit as we see how to help you further. Please contact us right away!