This month, in his regular review of the immigration scene, Montreal-based attorney Mitchell Brownstein looks at two very different issues immigration authorities have, to consider before granting an applicant permanent residency.

In appealing a marriae case, the applicant must carefully explain the customary practices of the individuals involved to ensure that a Canadian attitude towards love and marriage is not accepted as a reason for refusal.

For example, in some cultures arranged marriages mean that the Canadian spouse will go to India for the marriage and may only meet his future spouse the day before the wedding.

Three or four days after the ceremony, the Canadian spouse often returns to Canada to await the completion of the sponsorship through the Canadian Consulae in New Delhi.

In the event of a refusal on a marriage case, based on the fact that the immigration officer is not convinced that the marriage is a bona fide one, it is important that the sponsor clearly demonstrates the practices of the community in question in order to make sure that differences with traditional Canadian values do not obscure the genuine nature of the marriage.

PROOF

Therefore, it is very important that the applicant can clearly prove the existence of a custom and the onus for establishing this rests on the applicant himself. Once the existence of a custom is established, the applicant must clearly demonstrate that the intention is to live together as husband and wife in Canada. In order to establish this intention, the applicant should provide proof of telephone communications, written correspondence, trips from Canada to the spouse's country, exchange of gifts, phtographs, videos, symbols of marriage or anything else which may help his case.

It is most important that the Appeal Board is given clear information of the customs and intentions of the marriage as visa officers have often been known to refuse a marriage case based on the fact their view of love and marriage does not enable them to accept the marriage as bona fide.

Visa Officers may ask applicants about the intimacies of their marriage. In many Asian cultures these are matters which are intensely private and cannot be disclosed in any circumstances. In certain circumstances the spouse being sponsored may not be aware of the sponsoring permanent Canadian citizen's occupation, educational background or even age.

Ignorance of these facts should not be used in determining whether or not the marriage is bona fide. To ensure the reversal of a Visa Officer's decision, the facts of the marriage and the nature of the spouses' culture must be clearly and meticulously presented to the Appeal Board.

Legal Services		Immigration Services