Dear Mr Brown:

I am a Canadian who married and sponsored a Jamaican for permanent residency. Everything was fine for the first few months, but we started having disagreements and I believe he really married me for the sole purpose of acquiring citizenship status, rather than to share a life with me. I am very angry and hurt because I loved him and I feel very deceived. Can I seek an annulment for lying to me?

— WB

Dear WB:

I can provide a general response, as there are many details that were not included in your question in order for me to provide a comprehensive response.

For example, I am not sure:

• The duration of your marriage or location in Canada.

• Whether he stated his reason for marrying or if that is just your interpretation.

• Whether he had a change of mind or whether he never intended to share a life with you.

There is a very fine line between never having loved someone or reaching a tipping point of no longer loving someone.

As it relates to immigration, there are always issues of:

• Whether the relationship is genuine; or

• Whether immigration is a factor, as opposed to the primary goal of entering the marriage.

Annulment vs Divorce

There is a significant difference between an annulment and a divorce. A marriage which is annulled is void ab initio (void from the beginning), as if the marital status never existed, as compared with a marriage that is dissolved by a decree of divorce, which terminates the marriage from that point forward and does not affect the former validity of the marriage.

M

In response to your question, I will state that fraud and deception would not justify an annulment. False representation and contrivances do not invalidate consent.

Marriage is a type of contract, of course. However, there are some significant differences between a marriage and other civil contracts, which include:

• The contracting parties have no power to dissolve a marriage;

• Neither a fraudulent nor an innocent misrepresentation will of itself affect the validity of a marriage, with the exception of misrepresentation regarding the nature of the ceremony, or deception as to the identity of one of the individuals to the marriage.

Duress, rather than fraud, can invalidate a marriage. Duress is any unlawful threat or coercion used by a person to induce another to act or to refrain from acting in a manner that he or she otherwise would not (or would). It deals with subjecting a person to improper pressure, which overcomes his or her will and coerces him or her to comply with a demand to which he would not yield if acting as a free agent.

I understand that the situation can be very upsetting. However, from a public policy perspective, one can think of many other misrepresentations, such as related to education, health or financial status, assets or even relationship status that might induce a decision to marry and which could be made fraudulently. For example, a man may represent himself as being wealthy and single, who has low socio-economic status and is in several relationships. This may be considered fraudulent misrepresentation. However, annulling a marriage on the basis of fraud in such circumstances would potentially lead to a significant increase in the volume of litigation.

Please visit JAMAICA2CANADA.COM for additional information on Canadian Permanent Residence programs, including Express Entry, The Study & Work program, 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 & education firm in Kingston. Send questions/comments to: documents.jamaica2canada@ gmail. com