By
Pace Law

$120,000 Fine for Residence Fraud

October 5, 2012

James Metcalfe – Pace Immigration: A Turkish couple have been fined $120K for lying to Canadian officials about their residence in Canada. Not only that, but presumably they have lost their Canadian residence status, as well. Ouch.  The National Post quotes Jason Kenney and Vic Toews here:

“Our government will not tolerate the deliberate abuse of Canada’s immigration system,” Mr. Kenney and Public Safety Minister Vic Toews said in a joint statement issued after the Ozceliks’ verdict. “Our message is clear: individuals who choose to commit fraud will be caught and punished.”

Citizenship and Immigration is cracking down on persons who have resident status and who are not living here. The Minister of Immigration made other comments recently about this phenomenon and referred to residence fraudsters as “spacemen.” Twenty years ago, they were commonly known as “astronauts,” referring to Hong Kong Chinese who spent hours in the air flying from Hong Kong to Vancouver to maintain their resident status.

Residence fraud results in huge fines.

Alas, in those days Canada Immigration did not have the tools they have today. These tools include Advance Passenger Notification from airlines on the arrival of all passengers, as well as electronic carding of all arrivals at a port of entry. The latter creates a record of entry in a database, which is known as a travel history.

While the system does not yet have a record of exits, it will probably soon have one, at least in the foreseeable future for persons crossing into the USA. As part of the perimeter security program with the US, Canada and the US will exchange information on arrivals and departures across the world’s “longest undefended border.” Times are getting tough for the fraudsters.

I believe Canada is very generous when it comes to maintaining resident status. One only has to reside physically in Canada for any 730 days in any 5 year period to maintain status. In addition, there are exceptions to the rule, including: working outside of Canada for a Canadian organization which has operations in Canada; accompanying a Canadian citizen’s spouse outside of Canada; and compelling humanitarian and compassionate ground which require a resident to be out of Canada.

From recent media reports and reported court cases, we will be hearing about more people losing their status. With this latest announcement, the government is obviously sending a message.
Share This Post
Email
Facebook
LinkedIn
Twitter
Trending Posts
Read More Insights
Wills And Estates
By
Pace Law
Estate planning, essential for ensuring posthumous wishes are met, remains an area 70% of Canadians neglect. This deficiency largely stems from misconceptions, such as believing estate planning is only for the wealthy or thinking they’re too young to start.
Criminal Defence Law
By
Pace Law
In Ontario, adherence to driving regulations is critical for public safety, but violations occur, leading to criminal charges.
Wills And Estates
By
Angela Barrientos
Have you ever thought about estate planning and concluded it’s unnecessary because you don’t own any real estate?
Corporate and Personal Law
By
Pace Law
A Share Purchase Agreement (SPA) is an integral document used when the shares of a corporation are being purchased. The document outlines the agreement between the buyer and seller and can be quite complex.
Wills And Estates
By
Angela Barrientos
A will is a legal document that clearly states how a person’s property and belongings will be divided after their passing.

Get in Touch

Call us now or fill out the form to discuss your case with an experienced legal professional.

Our Locations

Office Location

191 The West Mall, Suite 1100
Toronto, ON M9C 5K8
Phone: 1-877-236-3060
Fax: 416-236-1809

Office Location

191 The West Mall, Suite 1100
Toronto, ON M9C 5K8
Phone: 1-877-236-3060
Fax: 416-236-1809

Scroll to Top