Bigamy is a criminal offence in Canada. If the spouse you sponsored marries someone else while legally married to you, you must report this marriage fraud to the Canada Border Services Agency (CBSA). However, you remain financially liable for their 3-year sponsorship undertaking unless the government officially revokes their status.
Discovering that the spouse you sponsored to Canada has committed bigamy is a devastating betrayal that crosses deeply into serious criminal territory. 💔 Bigamy-the act of entering into a marriage with one person while still legally married to another-is an indictable offence under Section 290 of the Criminal Code of Canada. Beyond the profound emotional toll, this situation puts your own financial security at immense risk due to the binding agreements you signed with the federal government.
When you sponsor a spouse, you sign a financial undertaking committing to support them for three years after they become a permanent resident. ⚔ Shockingly, a relationship breakdown, divorce, or even a crime like bigamy does not automatically cancel this contract. If your spouse claims provincial social assistance (welfare), the government will force you to repay every dollar. To protect yourself, you must take immediate, aggressive legal action through both the immigration and family law systems.
Step-by-Step Process for Handling Bigamy in Canada
You cannot simply cancel a sponsorship by calling IRCC. You must formally document the fraud and initiate legal proceedings to sever your ties. 📝 This process involves coordinating with federal immigration enforcement and provincial family courts.
Step 1: Securing Evidence of the Second Marriage
Before making any accusations, you need concrete proof. 🔍 This could include photos of the second wedding, social media posts, or ideally, a copy of the fraudulent marriage certificate obtained from the provincial vital statistics registry. Do not confront your spouse in a way that risks your safety; quietly gather the evidence to build your legal case.
Step 2: Reporting the Fraud to the CBSA
Immigration fraud and criminal bigamy are handled by the Canada Border Services Agency (CBSA). 📞 You must contact the CBSA Border Watch Toll-Free Line to report the marriage of convenience and the crime of bigamy. Provide all your gathered evidence. The CBSA has the authority to launch an investigation, lay criminal charges, and initiate deportation proceedings.
Step 3: Notifying IRCC of the Marriage Breakdown
Simultaneously, you must formally inform Immigration, Refugees and Citizenship Canada (IRCC) via their online web form that the marriage has completely broken down due to fraudulent bigamy. 💵 While IRCC will not cancel your 3-year financial undertaking immediately, documenting the fraud establishes a paper trail that may help you defend against future social assistance collection efforts.
Step 4: Filing for Annulment or Divorce
You must sever the legal family tie in your provincial court (such as the Superior Court of Justice in Ontario or the Court of King’s Bench in Alberta). 🕘 Because your spouse committed bigamy, you may have grounds to file for an annulment based on fraud, though a standard divorce after one year of separation is often faster and less legally complex. Consult a family lawyer to determine the best route for your province.
Step 5: Defending Your Financial Undertaking
If your spouse goes on welfare and the province sends you a collection notice, you must appeal it. 🤝 You will need to present your police reports, CBSA file numbers, and court documents to argue that enforcing the undertaking is unreasonable due to egregious criminal fraud.
How Much Does it Cost to Resolve?
Untangling yourself from a fraudulent marriage is legally complex and involves significant provincial court costs. Below are estimated expenses in CAD.
| Expense Type | Estimated Cost (CAD) | Description |
|---|---|---|
| Private Investigator | $500 – $2,000 | Optional cost to legally obtain proof of the second marriage if hidden. |
| Family Lawyer (Divorce/Annulment) | $2,000 – $5,000+ | Legal fees to formally end the marriage in a Canadian provincial court. |
| Court Filing Fees | $400 – $700 | Provincial government fees to file an Application for Divorce. |
| Undertaking Liability | Potentially Thousands | If they collect welfare and the province enforces the debt against you. |
How Long Does the Process Take?
Filing for a divorce in Canada requires a mandatory one-year separation period, after which the court process takes an additional 3 to 6 months. 📅 An annulment has no waiting period but involves a lengthy trial to prove fraud. Meanwhile, a CBSA investigation into marriage fraud and bigamy can take several years before any deportation orders are finalized.
Frequently Asked Questions (FAQ)
Can I legally cancel my 3-year sponsorship undertaking?
No. Once the sponsored spouse becomes a permanent resident, the 3-year undertaking is locked in. It cannot be cancelled by divorce, separation, or financial hardship. The only way it ends prematurely is if the government strips them of their PR status and removes them from Canada.
Will my spouse be deported for bigamy?
It is possible. If the CBSA investigates and proves they committed marriage fraud (misrepresentation) or they are convicted criminally of bigamy, their permanent resident status can be revoked, leading to deportation.
Should I hire a family lawyer or an immigration lawyer?
You will likely need both, or a firm that practices both. A family lawyer is required to handle the divorce or annulment in provincial court, while an immigration lawyer can assist in reporting the fraud to CBSA and managing the fallout of your sponsorship undertaking.
What happens if they sponsor their new spouse?
Under Canadian law, a sponsored spouse cannot sponsor a new partner for five years after they become a permanent resident. Additionally, their new marriage is legally void if they were still married to you at the time of the wedding.
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