December
2005 was the month to recognize the National day of remembrance
and action on Violence against women; for that reason I
would also like to launch awareness to an old but new issue
of violence and violation against women. Although, in our
Canadian society there is a feeling of gender equality in
sports, business, and varies other fields, we lack equality
when it comes to the Canadian Immigration System (CIS).
In many cases it is the men who are the sponsors and who
are the ones who abuse their immigrant wives. These women
are unfortunately unaware of their rights and the justice
system of Canada. As it stands today the CIS overlooks the
fact that a sponsor might be a woman often from a minority
group, who are likely to fall victim of spousal abuse.
Women are more venerable to intimidation, harassment, assault,
be stalked and abused. The unfairness and unjust of the
sponsorship holds the victim responsible for her abuser
for three or ten years. In our multicultural and diverse
nation in the age of new technology our society is rapidly
changing. However, now it is the time to bring these new
crimes and similar issues up before the government instead
of letting it slip through the cracks. It is the government's
responsibility to examine and re-evaluate the existing out
dated laws of our immigration sponsorship policies. The
illegal crime that has been practiced for ages is sham marriages,
where the victim is used as a passport to enter or continue
to reside in Canada. It is becoming an epidemic concern,
causing emotional and financially stress on its victims.
Furthermore it is not just being victimized by ones abusive
spouse but, under the sponsorship default recovery project,
victims are re-victimized by the Canadian government.
I share my story with you only to find justice and to save
other women from becoming a victim. I hope to bring public
education and awareness to the issue of sham marriages,
another aspect of violence against women.
Caught in the tornado of conspiracies, deceptions and bad
advises I failed to press charges for the sexual assault
committed by "V". I felt ashamed, confused and
humiliated for being raped. Battered by psychological, mental
and emotional abuse from being a prey of rape, I was easily
manipulated in marrying and sponsoring "V". Unaware
at the time of the startling truth that he was in fact on
a deportation notice (already been assigned to a deportation
officer).
"Canadian Immigration Regulations, 1978, s. 4(3):
The family class does not include a spouse who entered into
the marriage primarily for the purpose of gaining admission
to Canada as a member of the family class and not with the
intention of residing permanently with the other spouse."
The question
that raises many issues for me is "Why wasn't the deportation
officer suspicious of "V"'s sudden marriage?"
After all he knew the whole truth where as I didn't of his
immigration status. "Why was there not a proper interrogation
of the validation of the marriage and my relationship with
him?" There lack of investigation was the beginning
of my pain and suffering.
A few months into my sponsorship, many secrets were revealed
from "V"'s minor girlfriend. ("To sponsor,
the applicant had to be 18 years of age or older, be a Canadian
citizen or a permanent resident; and reside in Canada").
It was then that I learned his true intentions of marrying
me; it was only to divorce me after receiving his permanent
resident status.
But what devastated me the most was learning that there
were rumors of me willingly participating in a marriage
contract in exchange for money. He was now jeopardizing
my reputation and integrity. Though the only person who
gained any profitable gain was "V"'s so called
uncle, he was getting paid for the introduction (a conversation
I overheard between "V" and his 'uncle').
I was furious and hurt at everything I had learned. I informed
"V"'s deportation officer about the rumors and
this being a sham marriage. I expressed my intentions to
cancel my sponsorship and insisted that the proceeding of
his deportation go ahead. Unfortunately prior to the previous
sexual assault and threats made by "V". I was
petrified to obtain any documents, therefore having no verification
of my interaction with the officer (all our conversations
took place on the phone). Was it wrong to trust and have
faith in the Canadian Immigration System and their officer?
Maybe it was but I did anyway, I had no other place to turn.
As explained by the deportation officer, for my safety,
he was going to suggest to "V" to volunteer to
leave the country for his sponsorship process to go through.
Since "V" had illegally entered the country he
did not have a passport and under that circumstance, the
deportation officer had to prepare traveling documents for
his departure from Canada. Subsequently "V" left
Canada only to be returned from his country due to improper
documents and inappropriate identification on him.
"V", now back in Canada, met the requirement of
re-entering for the sponsorship to take process. I felt
helpless, defeated and was really terrified of him finding
out that I attempted to deport him. So I only waited for
an intense interview/ interrogation to intercede in this
sham marriage, but that never happened. It was after four
years that he received his permanent residency. During which
time he accused me and continued threatening me of doing
something to hold up his immigration process. Upon his knowledge
of his PR status it was within a couple of weeks that he
was able to get a passport and leave Canada to visit his
family back home.
Another question that rises is how did the citizenship and
immigration of Canada grant him permanent residency? Even
after I reported that my marriage was just a sham. I even
attempted to assist in the proceeding of the deportation.
Thus, it was after six years of our so-called marriage that
"V" decided for himself that due to my personality
and culture; our marriage wasn't going to work out. So he
left me and left Canada to go back to his homeland not informing
me whether or not he was going to come back.
After one and half year of uncertainty of his return and
with much difficulty, I was able to reach him to ask for
a divorce. It was then that he told me that he was returning
to Canada, which was good because it would make it easier
for me to serve the divorce documents. I was surprised but
relieved that he signed the papers without contest. We were
finally divorced 2001. I was finally free, so I thought.
Even after being divorced I constantly received calls from
the human resource regarding "V" taking assistance
from the government. I insisted and pleaded that they not
give it to him but they said it was his right to receive
it. But where was my right? The Ministry of Human Resource
contact me to inform me that "V" was reapplying
for social assistant after been out of the country approximately
for five months. What was disturbing more than anything
was that after I questioned how he was able to take five
months absence and reapply with no penalty, they had no
answer for me. Also not having any answer to how he was
able to afford to travel? In addition, I reported to the
ministry that to the best of my knowledge "V"
was employed. Time and time again my concern was dismissed
by his right to apply.
I am furious that I am helpless and am unable to stop him
from receiving social assistant because he has his rights.
It is due to his rights that I am not able to obtain information
if there was even an investigation done on him according
to the privacy act. I would like to know where my rights
as sponsor are. Are we to know our future to know the man
or woman we are marrying? Are we to read the minds of the
person to know what their true intentions are?
Then I received a letter last year from the Collection and
Loan Management Branch under the sponsorship default recovery
project advising me that my sponsored individual is receiving
income or social assistance from the province of British
Columbia and I owe a debt to the provincial government.
I am accountable and responsible for all the income received
to "V". I was petrified and dazed that my hard
earned money was going to be taken from me to pay for the
very individual who ruined my life. It was then that I also
heard through friends "V" was now remarried with
a child and was working. So why am I responsible for supporting
his family? But to make matters worse the collection officer
did not give me sufficient time to respond and placed a
lien on my property.
I have so many unanswered questions and I am in a venture
to find justice. Why should I be penalized for the mistakes
of the CIS and lack of investigation in my case? Someone
needs to take responsibility for the mishandling of my case.
Sure I made the mistake of marrying a man who raped me but
the bigger mistake was the CIS letting him get exactly what
he wanted, PR in this country even though he was on deportation.
Why was he on deportation any way? Why did it take four
years for him to receive his PR? Was his file just put a
side to collect dust and then one day someone noticed it
and without reading or reviewing it just granted it. I mean
looking back at the handling of my case I realized it wasn't
just one thing but so many things that went wrong.
Finally, after being victimized over and over again I decided
to fight back. I contacted my local MLA and was delighted
to receive a response from him. This is a paragraph from
the letter sent by the Assistant deputy Minister, Policy
and Research Division to Raj Chouhan, MLA on September 23
2005:
"Sponsorship undertaking with the citizenship and immigration
Canada (CIC) when she sponsored her spouse, "V"
to Canada. According to the terms of the undertaking, income
assistance received by "V" during the sponsorship
period constitutes a debt that may be recover from Ms. Singh
by Hr Majesty in right of the sponsorship period, regardless
of any change in the sponsor's personal circumstances, including
hardship or breakdown of the family relationship. The ministry
uses a carefully designed debt calculating process to ensure
that sponsorship debts are calculated fairly and accurately."
In conclusion, as the federal election is just around the
corner I hope to gain support in the following area's and
issues facing Canadians today:
· Victims of sham marriages
· Victims of sponsored spousal abuse and
· Victims of sponsorship default recovery projects
The above are separate issues, which should not be considered
as one and should be dealt as per individual cases.
It is time as Canadians we
ask ourselves some grim questions:
· As Canadians are we going to tolerate sham marriages
and violence and violation against women in our society?
· Are we going to be silent and not question our
country's dignity and national security?
· Are we going to allow improper investigations,
negligence and corruptions in our government system make
us a prey?
· Today it is me; tomorrow it might be your mother,
your sister or your close friend who will unjustly become
a victim of this inhumane crime? Are you willing to take
that chance?
We have witness from the Federal sponsorship scandal to
the government's decision to give custody of Jamie Charlie
to foster father with criminal records, resulting her death.
There is definitely, a loophole in our system.
What would be a possible solution to sham marriages?
In a marriage application there should be probationary period,
marriage visa, vigorous requirements and tougher immigration
compliance. It is the duty of the government to protect
its citizen and punish individuals who make a mockery of
marriage and risk the integrity of our country and national
security. Marriage for the sole purpose of gaining permanent
residence is fraudulent and illegal. Individuals abusing
and participating in this ruthless matter should be deported.
Sham marriages must be treated as a serious offense, with
zero tolerance. Sham marriage is another form of violence
and violation against women.
An insight:
Canadian's are oblivious of internal conspiracy and corruptions
in our Canadian immigration system. Officers take advantage
of their position, mishandle the access to information's,
and participate in illegal activities. One such instance
took place in the early 90s, where one of the Canadian immigration
and refugee officers, who sat in the panel hearing, recognized
a refugee family in a house of worship and approached the
mother of a sixteen year old daughter to arrange a sham
marriage of a family member of his. At this time, the family
had no knowledge if they were going to be staying in Canada
or not. He ensured them that he knew they were approved
for permanent residence.
Revised and Edited by A. Singh
