Dear Mr Brown:

I am Jamaican national who is married to a Canadian that is much older than me. Will the spousal sponsorship fail just because of a 27-years age difference? I know of other similar relationships that were successful. However, people are always questioning whether it would work for me.

— OM

Dear OM:

Dear OM:

I receive many queries regarding the issue of marriages of convenience. Age is one factor that is considered. There are other factors. As such, many cases will be successful. Ultimately, the onus is on you and your husband to provide sufficient evidence to satisfy the immigration officer that your relationship is genuine. The gap in age is definitely a critical factor to be considered to form an overall impression regarding whether your marriage is genuine.

A marriage of convenience may be described as a marriage that is not genuine and was entered into primarily for the purpose of acquiring status in Canada, that is, to achieve permanent resident status as a member of the family class at the time of entering into the marriage.

As I have described in previous articles, the key words are ‘not genuine’ and ‘primarily’. This means that a marriage can be found to be genuine and still be refused for the finding that the marriage was entered primarily for the purposes of migration.

The immigration officer must find a significant degree of attachment, both physical and emotional; an exclusive relationship; a mutual and continuing commitment to a shared life together; and an emotional and financial interdependency.

To assess whether your marriage is genuine, the immigration officer will examine the following factors, which are not listed in any particular order or by weighting:

• The intent of you and your husband to the marriage;

• The beginning, evolvement, development, and duration of the relationship before your marriage;

• The circumstances of your engagement and wedding ceremony;

• Communication between you and your husband before and after the marriage;

• The compatibility between both of you, particularly from the educational, social, religious, ethnic and age points of view;

• Significant gaps in age;

• Differences in personal circumstances;

• The existence of intimate relations and the consummation of the marriage;

• Cohabitation and visits;

• Family backgrounds;

• The absence of economical or financial motives;

• The knowledge of both of your histories and daily lives;

• Financial support and employment;

• Former marital statuses;

• Prior attempts by you to enter Canada;

• Language differences between you are your husband;

• Plans and arrangements for the future, especially if there are children involved; and

• The credibility (or contradictions) of testimonial and documentary evidence related to the relationship.

Evidence should be furnished regarding as many of the factors listed above to demonstrate a bona fide relationship. Should you require additional assistance, please contact me accordingly.

Please visit

jamaica2canada.com for additional information on Canadian Permanent Residence programmes, including Express Entry, the Study and Work progamme, visitor’s visas or appeals, etc.

Antonn Brown, BA, (Hons), LLB, MSc, RCIC, is an immigration counsel and education agent of JAMAICA2CANADA.COM — a Canadian immigration & education firm in Kingston. Send questions/comments to jamaica2canada@gmail.com.