Marriage fraudster finally deported

Ottawa woman says case was worth it if system changes

 

BY ROBERT SIBLEY, OTTAWA CITIZEN FEBRUARY 14, 2012

 

 

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Lainie Towell married Fode Mohamed Soumah of Guinea in 2007. He left her three weeks later and was deported this weekend.

Photograph by: Pat Mcgrath, The Ottawa Citizen , Ottawa Citizen

It is one of the unsavoury secrets of Canada's immigration system. Each year hundreds, perhaps thousands, of Canadian women and men marry foreigners and agree to act as sponsors for them in Canada, only to find themselves abandoned once that spouse is in the country.

This past weekend, however, one of those marriage fraudsters got his just desserts thanks to a spouse who refused to be a victim. Lainie Towell's ex-husband, Fode Mohamed Soumah, was by all accounts deported back to his native country of Guinea in West Africa.

He had walked out on his 2007 marriage to Towell three weeks after uttering his wedding vows, but it took more than three years for the Canadian Board Services Agency to get him on the airplane after he used every avenue of appeal.

Officials in the office of Public Safety Minister Vic Toews, who is responsible for the CBSA, did not respond Monday to queries about the deportation. However, Towell said Monday she heard from "a couple of good sources" that Soumah had left the country. "I'm confident he's gone, based on information from people who would know."

What does she think now? "It's not something I would have wished for," she said. "This was the man I married and I thought we would build a life together. But it was worth it if this outcome is going to change the system to help others."

That the system needs change is unquestionable. Estimates are hard to come by, but Julie Taub, a long-established immigration lawyer, estimated the number of cases of immigrant marriage fraud ran into "thousands."

"I get about two or three calls a week on this, but I can't take them all on," Taub said.

"I have many clients whose complaints I have passed on to the CBSA. These cases are a rip-off of the Canadian taxpayer."

They are also emotionally wrenching. The fraudsters prey on and betray the fundamental human need for love and companionship without, as it seems, any moral compunction. "It's all about playing on human frailty," Taub said. "All of (the clients) without exception are lonely, susceptible and want to meet somebody.

"There are older Canadian men who fall for young Russians or Chinese and agree to marry them despite the huge age discrepancy, and then the women walk out on them. There are women who are divorcees, never been married, older, and who are thrilled that they have found someone who is romantic and courts them. All these people are victims."

Towell's experience is likely typical. A well-known Ottawa dancer and performance artist, she married Soumah in April 2007 in his hometown of Conakry. She had come to know him after first visiting Guinea in 2004 to study dance traditions. Subsequent trips demonstrated their devotion to each other, or so she thought. As Towell later discovered, Soumah had fathered a child with a 15-year-old girl before leaving Guinea to come to Canada.

After they got married, Towell started the application process to bring her husband to Canada. He arrived on New Year's Eve 2007. Three weeks later, he left for Montreal, saying he wanted a divorce and warning her that, if she made a fuss, he would start collecting welfare that she would have to repay the government. As Soumah's sponsor, Towell signed a contract with Citizenship and Immigration Canada that made her financially for Soumah for three years even if the marriage failed. If he received any form of social assistance, she'd be on the hook.

"Imagine what it was like," Towell said. "I brought this man home and introduced him to all my friends and my family, all my dance students. Then my prince turned into a frog, and I'd been defrauded. I felt completely ashamed and embarrassed."

Perhaps so, but Towell did not play the passive victim. She complained to the immigration ministry, but it wasn't until she went public that government officials began to pay attention. At one point, she donned her white wedding dress, strapped a door on her back and crawled up the steps of Parliament Hill.

Not surprisingly, the stunt attracted attention. Towell soon heard from others who had also been victims of marriage fraud, asking for help and advice. Women's groups and other advocacy started showing up at Immigration Minister Jason Kenney's town hall meetings to demand regulatory changes.

The wheels started to turn. The immigration ministry enlisted border services enforcement officers to investigate cases of alleged marriage fraud. According to news reports, the border agency opened nearly 40 criminal cases of suspected marriage fraud from 2008 through to the end of 2010. It also received roughly 200 leads on possible marriage fraud cases in that same time period.

Last year, Kenney proposed new regulatory measures to prevent people from using marriages of convenience to circumvent Canada's immigration laws. The proposed changes include a five-year ban on the sponsored spouse being able to sponsor another mate in order to stop people from engaging in cyclical marry-sponsor-divorce schemes. There would also be a two-year conditional residency requirement to ensure relationships were legitimate before granting permanent residency to the sponsored spouse. As well, the minister said he would increase the number of investigators and resources to go after fraudsters. These regulatory changes are under review.

Kenney's press secretary, Candice Malcolm credited people such as Towell who came forward with their stories for helping to bring about the regulatory changes.

"Minister Kenney became aware of marriage fraud through some high profile cases, as well as from individuals who came forward during various town halls and consultations to alert the minister of this problem and the suffering it causes for victims.

Regulations similar to those in the works in Canada have long been in place in other countries such as the United States and Australia.

© Copyright (c) The Ottawa Citizen

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British expats rate Canada top place to live in annual survey

By Steve Mertl | Daily Brew – Wed, 29 Feb, 2012

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Canada is tops for British expatriates, according to a survey by the UK's NatWest Bank.

For the third straight year, Canada has ranked No. 1 on the NatWest International Personal Banking Quality of Life Index, Reuters reports.

The fifth annual survey of 12 countries put Canada ahead of New Zealand, Australia, France and South Africa. Other rankings in order were Portugal, Spain, the United States, United Arab Emirates, Singapore, Hong Kong and China.

British expats valued Canada's natural beauty, multicultural society, universal health care and security.

"Our quality of life index - which examines expats real life perceptions and experiences and gauges their personal assessments - shows the global financial crisis has failed to
dampen the spirits of expats who seem to have adopted the 'keep calm, carry on' philosophy," Dave Isley, NatWest's head of international personal banking, told Reuters.

Emirates 24/7 reported 82 per cent of those surveyed ranked Canada as having the best quality of life experience. Some 88 per cent said our multicultural society was a factor, while 90 per cent mentioned healthcare and 96 per cent said Canada's human rights and freedoms allowed them to feel safe and secure.

Canada also topped NatWest's Well Being Index, which comprises six self-assessment categories: state of health, degree of prosperity, sense of belonging and acceptance, life satisfaction, sense of achievement and overall level of happiness.

"The quality of life factors that contributed to its number one spot in the rankings yet again range from the culture, standard of living, sense of belonging, work/life balance, equality of opportunity to the state of the economy and financial security," Isley said of Canada.

Despite the financial turmoil of the last few years, British expats in Australia, Canada and New Zealand reported their financial position had "improved significantly," said Reuters.

Those who left Britain for European sun spots are seeing their disposable income eroding as Euro-zone countries implement austerity measures, according to the index.

"Those who are most likely to return home are those who retired to France, Portugal and Spain as their disposable income diminishes and the cost of living rises," Isley said.

Why is Canada keeping out China’s rich?

Tim Shufelt  Mar 2, 2012 – 7:16 PM ET

TEH ENG KOON/AFP/Getty Images

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Masses of wealthy Chinese, their money huddled in less-than-secure foreign assets, are yearning to breathe the free air of Canadian capitalism. But Canada doesn’t seem to want them much.

Brimming with the spoils of a historic economic expansion, Chinese millionaires by the tens of thousands wish to make Canada home for their families and their private wealth.

The Canadian immigration system has a program in place to grant rich foreigners permanent resident status, provided they first hand over a six-figure sum to the federal government.

By almost all accounts, that program is broken. It’s rife with delays, an enormous backlog of files and misallocation of funds — all providing fodder to critics who characterize the Federal Investor Immigrant Program (FIIP) as a cash-for-visa scheme that enriches banks while providing little benefit to the country.

Two years ago, the federal government suspended the program, then reinstated it with double the financial requirements and a cap on new applications of just 700 a year.

Would-be immigrants filed their submissions to an intake office in Sydney, N.S., beginning July 3. The quota was reportedly met soon after the office opened in the morning. Of the 700 applicants, 697 were from China. FIIP was then effectively shut down for another year.

Proponents of so-called “economic immigration” say Canada is forgoing billions in foreign capital and untold economic growth by limiting the intake of rich newcomers.

Canada approved 3,223 applications in 2010, representing a total of 11,715 people including children and spouses. That’s a paltry figure in the context of Canada’s annual immigration quota of 250,000, says Richard Kurland, a Vancouver-based immigration lawyer and policy analyst.

“It just makes sense to take their money and allow them to consume Canadian goods and services at a time we need it most,” Mr. Kurland said. “They’re buying houses, they’re buying cars, they’re buying consumer goods.” Just what finance ministers across the country are hoping consumers start doing more of.

The Li family (who asked that their real name not be published) is one example of instant economic benefit. Since arriving in Montreal through Quebec’s version of the immigrant investor program in 2005, the family purchased a home in a wealthy suburb of the city, enrolled their son in a private school, and acquired a hotel employing about 20 people.

“I was considering my son’s education and the fresh air, because he has asthma,” Ms. Li said.

Her concerns with pollution are shared by a growing number of Chinese elite, as are fears of political instability, and security of their assets.

“We worked very hard on our business and we earn every penny. I don’t want somebody to take it back,” she said, indicating the family made its money from a electrical component manufacturing business.

Poaching China’s wealthy is also a short-cut to establishing economic ties with China, said Louis Leblanc, head of immigrant investor programs at National Bank Financial.

“Canada being a resource-rich country dominated by exports, the beauty of this is that you’re creating golden bridges throughout the world with these wealthy families coming into Canada,” he said.

In limiting new FIIP applicants, the federal government cited a backlog of more than 15,000 files.

But those familiar with Canada’s economic immigration system say of equal concern is how immigrant money is distributed.

“The main issue is one of financial accountability,” Mr. Leblanc said. “It’s very hard to figure out how the money is used under the FIIP.”

The program requires applicants to prove net wealth of at least $1.6-million, in addition to an up front investment of $800,000 to the federal government, to be refunded after five years without interest. Ottawa then distributes that money to participating provinces, who are mandated with funding projects to create jobs and subsidize economic development.

The program generated about $680-million in 2010, about 40% of which went to Ontario, another 20% to British Columbia, and the rest to the other provinces and territories. The link between incoming foreign capital and funding for Canadian enterprises through the provinces is crucial to the rationale behind the program. But the provinces have struggled to find ways to appropriately invest this money.

“Some of the provinces aren’t really distributing it, they just hold it for five years,” Citizenship and Immigration Minister Jason Kenney said in an interview.

“Sometimes, they don’t even pretend to do anything with it. I think Ontario’s sitting on $80-million or more of investor immigrant funds. They haven’t even set up the pretense of a dedicated purpose for those funds,” he said.

Ontario says it has made recent improvements to its program, signing an agreement with Infrastructure Ontario, loaning the agency $149.2-million for 34 projects that generated almost 5,000 jobs. Another $34.7-million funded emerging technologies through the Innovation Development Fund.

Mr. Kenney called that use of funds “notional,” merely “offsetting their interest costs for five years for that money.”

That charge is one of many leveled by the program’s critics.

“I’m surprised they decided to cap it, it might be better to just end it,” said Jeffrey Reitz, a sociologist at the University of Toronto who focuses on immigration. “They’re basically buying visas. There’s little way around that. And I think it strikes people as inappropriate.

“That’s the reputation abroad, too. That this is a way the Canadian government allows rich people to buy their way in.”

Some of the program’s biggest supporters, meanwhile, are participating financial institutions, he explained. The $800,000 upfront loan flows through a facilitator — typically a Canadian bank — then on to the federal government. But the vast majority of investor immigrants opt for a financing program offered through the banks, which front the loan requirement. The immigrant pays the bank a fee, which can amount to $200,000 or more. “That’s the end of the obligation,” said David Cohen, an immigration lawyer based in Montreal. “The applicant never gets his money back. It cost him $200,000 to do this.” Banks also receive a commission on each file, from which agents overseas charged with finding candidates earn their own fee. “It’s a gold mine for the facilitators and for the agents,” Mr. Cohen said.

That system is partly to blame for the deluge of applications, Mr. Kenney said. As is the relatively low financial requirements. While he says he still sees merits to the investor immigrant program, the seemingly unlimited demand is indication that the program is still priced too low, he said.

“The program is underselling Canada.”

The failings of the federal program, however, shouldn’t stain economic immigration altogether, Mr. Cohen said. “There’s no reason to throw out the baby with the bath water.”

Quebec’s program, which operates independently of the federal program, and which isn’t subject to the cap, has established an effective system of distribution its immigrant loans. “It works,” Mr. Cohen said. “It’s one of the few programs that nobody bitches about in Quebec.” Through Investment Quebec, the banks recommends grants to companies with net assets under $35-million seeking help with projects to expand their business. The same kind of system could be applied federally through the Business Development Bank of Canada, he said. Reducing the federal backlog need not be a monumental problem, either.

Raising the financial requirements again or asking for a deposit could limit applicants to those serious about immigrating to Canada. Alternatively, the federal government could consider simply ignoring the backlog. Chinese millionaires with their minds set on Canada could reapply under heightened financial requirements.

“I can’t get excited about a backlog of millionaires, when they can easily access the front of the queue by paying current market value,” Mr. Kurland said.

Once the federal government fixes the program’s failings, it can capitalize on the economic potential of the elite exodus from China. A recent survey found that 60% of China’s U.S. dollar millionaires, now numbering almost one million, intended to or were in the process of emigrating.

“The day you’re convinced that passive economic immigration is of economic benefit, why cap it?” Mr. Leblanc said.

Undoubtedly, there are “millions of millionaires” eager to relocate to Canada, Mr. Kenney said. But their role is limited in countering skills shortages.

“Lending the government $800,000 for five years doesn’t respond to labour shortages and it doesn’t necessarily even respond to the broader demographic challenges,” he said.

But economic integration is becoming a global reality. More and more western countries are courting the wealthy of the developing world through their own programs, of which Canada is a pioneer. Already, the United States, Britain and another of other developed countries have already followed Canada’s lead.

Canada will lose out at its own game if it doesn’t get the FIIP in shape, Mr. Leblanc said.

“Over the next two years, you’ll have at least half a dozen new countries going after the very upwardly mobile wealthy individuals who want access to new citizenship.”

Will changes to immigration policy help employers fill vacant jobs and be of net benefit to Canada?

TORONTO, March 1, 2012 /CNW/ - The federal government is proposing sweeping changes to the immigration system, including elevating the role of employers in selecting new Canadians.  Citizenship and Immigration MinisterJason Kenney is advocating for a system that would emphasize language skills, youth and a new economic stream for trades people, who are frequently overlooked. Some of the proposed changes to the Canadian system are based on an Australian model that includes pre-assessment of skills, which determines if candidates match available jobs.

Rowan O'Grady, President of Hays Canada, a national recruitment consultancy, is available to comment on how these changes will affect employment in Canada. He can speak to a number of related issues including:

• How giving more priority to employers in determining who qualifies for entry into Canada, and the proposed "expression of interest" program will help fill vacant roles. The current system creates an imbalance between whoCanada approves and realistic job prospects -meaningful change can help address this.
• Why including trades people can help, but not if Canada devalues the role of educated, high-income skilled candidates who play a significant role in spurring economic activity. Canada is experiencing a high-income skills labour shortage, and must do more to ensure we are successful in competing for the global war for talent.
• How the Australian model works, and why implementing some of their policies can help improve access to skilled candidates.

About Hays Canada:
Hays Specialist Recruitment Canada is a wholly owned subsidiary of Hays plc, which has been at the forefront of the global recruitment industry for over 35 years. Hays is a leader in specialist recruitment in Canada and Australia. With annual revenues of over £2.1 billion, Hays Specialist Recruitment is the largest specialist recruitment consultancy in the world.

For further information:

To arrange an interview please contact:
Kieran Lawler
Media Profile
Direct: 416-342-1823
Mobile: 416-303-0799
kieran.lawler@mediaprofile.com

Employers could bump up prospects in immigration overhaul Read more: http://www.ctv.ca/CTVNews/Canada/20120301/immigration-overhaul-120201/#ixzz1o0ZAIySV

CTVNews.ca Staff

Date: Thu. Mar. 1 2012 4:25 PM ET

Immigration Minister Jason Kenney outlined his vision Thursday for a faster immigration system that would allow employers a greater say in selecting new Canadians.

"Immigration is playing an increasingly important role in our economy and we need a system that does a better job of attracting the people who have the skills that are in demand and getting them here quickly," Kenney said in the keynote address to the National Metropolis Conference in Toronto. "We have made some great strides towards an immigration system that is fast and flexible, but know that there is more work to do."

Kenney's plan would see employers have the ability hand-pick potential immigrants and bring them to the front of the line.

Kenney says he plans to redesign the immigration point system to be more flexible and place greater emphasis on language ability and youth.

For example, Kenney said, the language requirement for a foreign doctor would be different than that of a welder.

Kenney said Canada has to do a better job of attracting entrepreneurs, noting that in the U.S., half of the top 50 venture-capital backed companies were founded by immigrants.

He also promised to relieve pressure on the backlog in the system, as there are wait times of up to seven years in some categories.

"It makes no sense to tell people 'apply now, but put your life on hold for a few years before we'll even let you know if you qualify,'" Kenney said. "I will continue to make changes to create a faster, more flexible immigration system. Canadians need and deserve a system that boldly puts Canada's best interests first."

Read more: http://www.ctv.ca/CTVNews/Canada/20120301/immigration-overhaul-120201/#ixzz1o0ZGe21P