The Canadian government has announced that it is investigating about 6,500 foreign nationals in Canada for suspected immigration fraud. The investigations are targeting 2,100 foreign nationals who are believed to have made false statements to obtain Canadian citizenship and 4,400 foreign nationals who are believed to have made false statements to obtain, or renew, permanent resident status. The investigations are aimed at ensuring the continued integrity of the immigration system in Canada.
“Canadian citizenship is not for sale,” Immigration Minister Jason Kenney said at news conference in Montréal.
The government has also started criminally charging permanent residents in and entering Canada with committing an indictable offence under §124(1)(a) of the Immigration and Refugee Protection Act (the “Act”) and misrepresentation under §127 of the Act if it cannot be established that they meet the residency requirements. Permanent residents are also subject to charges of money laundering under the Criminal Code of Canada if, as a result of the immigration offence (e.g., failing to meet residency requirements or misrepresentation as to facts related to permanent residence), the permanent resident knowlingly used, transferred, sent, delivered, transmitted, disposed of or dealt with any property or proceeds thereof intending to conceal or convert the property or the proceeds. Proceeds of crime is broadly defined to include situations where a permanent resident benefitted, or gained an advantage, from the conduct.
In addition, the government continues to investigate and prosecute offences related to the procurement of passports pursuant to the Canadian Passport Order. A passport may be revoked by Canada if the applicant procured the passport by means of false or misleading information; used the passport to assist in the commission of an indictable offence in Canada, or elsewhere (e.g., used the passport to travel and during that travel, made a false statement to immigration authorities or brought money into the country above the prescribed limit without declaring it); or is charged with an indictable offence in Canada or an equivalent charge in another country. Passport Canada has revoked passports and charged applicants on various grounds including false declaration of loss and failing to provide full disclosure with respect to the the status of the parent as legal guardian or custodial parent at the time of the application.
A permanent resident charged with an immigration offence is liable on conviction to a term of imprisonment of up to two years and if also charged with a money laundering offence is liable on conviction to a term of imprisonment of up to ten years.
The government intends to actively prosecute immigration fraud and revoke citizenship or permanent residence status in cases where the evidence establishes an applicant made a misrepresentation in an application to Citizenship and Immigration Canada. A misrepresentation to immigration officials is an offence under the Act and the commission of the offence may render an applicant inadmissible to Canada and without evidence to the contrary, demonstrates that the applicant has a disregard for the rule of law in Canada and makes other information provided by the applicant suspect.