Abstract
As of 2012, Canada has implemented a “conditional probationary period” for sponsored spouses or partners through immigration, influenced by a similar policy in the United Kingdom, geared to prevent fraudulent marriage. I will present a critical discourse analysis of the current policies in both the UK and Canada by reviewing the policies, parliamentary debates, media representations, and official statistics. A major finding is that defining a “genuine” or “legitimate” relationship requires such extensive knowledge of all cultures and traditions by immigration officials, that it can become problematic. I use the theoretical frameworks of biopower by Foucault (1978) and orientalism and othering by Said (1978), to explain government control on immigration as well as the control of relationships between spouses and partners, aimed at creating a specific desired population for Canada and the UK.
Highlights
As of 2012, Canada has implemented a “conditional probationary period” for sponsored spouses or partners through immigration, influenced by a similar policy in the United Kingdom, geared to prevent fraudulent marriage
The findings indicated that religious officials in some churches were “in on the sham” by performing multiple fraudulent marriages; other forms included fake passport stamps to make it seem as if the sponsor had travelled to the country of the spouse to get married, and obtained false wedding certificates (Greenhill, 2010)
CIC warns that the government may not be able to detect all forms of marriage fraud due to the fluidity in defining relationships and lack of resources, and each sponsor is financially responsible for their spouse for up to two years even if the marriage fails (Citizenship and Immigration Canada, 2012)
Summary
I will review the relevant literature surrounding the topic of fraudulent marriage. The literature interchangeably uses the following terms: visa applicant, sponsored spouse, partner, foreigner and conjugal partner to discuss the people that are seeking methods to come to a Western country such as Canada, US or UK. These terms identify the outsider (Curry, 2008), and is a feature of the process of "othering". CIC warns that the government may not be able to detect all forms of marriage fraud due to the fluidity in defining relationships and lack of resources, and each sponsor is financially responsible for their spouse for up to two years even if the marriage fails (Citizenship and Immigration Canada, 2012). This would further implicate the policy, and be unfavourable to deterring marriage fraud
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