Dear Mr Brown,

I am being filed for by my husband (a Canadian citizen) to live in Canada. I married him two months after we met when he was on vacation in Jamaica. I know there will be an interview to see whether our marriage is real or based on love. I do not know how someone can know whether I love my husband. However, I want to know what they are looking for.

— BSD

Dear BSD:

Immigration officers exercise discretion in determining whether a marriage or common law partnership is bona fide or legitimate. However, this discretion should not be without a standard.

There was a recent controversial case in which a letter questioning the legitimacy of a marriage was sent by a Canadian immigration officer to a couple, and included language that was deemed by many political observers as offensive. In the letter, the officer stated:

• “You are three years older than him, he comes from a town four hours from where you live and you are not related, so it is unclear to me why the match was made.

• “It is unusual for Pakistani men to marry older women, especially if they are not related.” The officer also notes their wedding guest list of 123 people was small compared to traditional Pakistani weddings.

• “This apparent deviation from the cultural norm raises concerns that your wedding may have taken place in order for you to gain permanent residence in Canada.”

Apparently, such language was routine from the immigration office. The outrage over the comments is based on the distinction between the official task of determining whether the marriage is authentic, rather than the subjective interpretation regarding the perceived quality of the marriage or match.

Marriage of convenience

In response to your query, I will state that the immigration office has the task of determining whether an applicant has entered a marriage of convenience, which 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. An application based on a marriage of convenience will be refused, as per the immigration laws of Canada, for obvious reasons.

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 office 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 point 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 economic or financial motives, that is, the search for a better life being the principal reason for contracting the marriage;

• 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 and 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.

Should you require any assistance with the application, you may contact me accordingly.

Please visit jamaica2canada.com for additional information on Canadian permanent residence programmes, including Express Entry, the Study & Work programme, visas or appeals, etc.

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