A photo released by
the Canada Border Services Agency shows some of the doctored Chinese passports
seized from the offices of Xun Wang, along with fake Chinese immigration
stamps. Photo: CBSA
The case of Xun “Sunny” Wang, a
Vancouver-area consultant jailed for masterminding the biggest immigration
fraud in Canadian history, is startling in scope. Wang, 46, who was sentenced
on October 23 to seven years in prison, conducted his fraud on an almost
industrial scale, as he helped rich Chinese clients maintain Canadian
permanent-resident status and later obtain citizenship.
Chinese passports both real and fake were shipped in bulk
to the mainland, where professional forgers would doctor them to make it look
like their owners had been present in Canada when they had actually been in
China. Wang would set up his clients in fake jobs at his firms, printing
business cards for them and issuing pay slips - adding insult to injury, their
fake salaries were so low his wealthy clients were able to file tax returns
that allowed them to claim from Canadian coffers tax benefits intended for the
working poor.
Adding insult to injury, their fake salaries were so low his wealthy
clients were able to claim from Canadian coffers tax benefits intended for the
working poor
Letters from schools and lawyers were also forged, as
well as lease agreements. Fake mailing addresses and phone numbers were set up.
From 2006 until his arrest in 2014, Wang and his
employees at his unlicenced New Can and Wellong immigration consultancies in
Richmond are known to have helped 1,200 clients cheat immigration rules. In
all, they paid Wang C$10 million (HK$59 million) for his illegal services, the Provincial Court of British
Columbia found.
Yet the most significant aspect of Wang’s case is neither
the scale of his operation, nor its sophistication and audacity.
It is the motivation of his clients.
Immigration fraud as the public typically understands it
involves various schemes to allow unqualified people to live and work in
Canada.
Yet, bizarrely, Wang’s case involved clients willing to
pay tens of thousands of dollars to AVOID living in Canada when they were
perfectly entitled to do so, having already obtained permanent resident status.
Understanding their motivation is key to understanding
how Wang found such a steady stream of customers.
Wang’s clients wanted to be able to maintain their PR
status without actually living in the Great White North, since their jobs and
businesses were back in China. And by faking their presence in Canada they
would eventually be able to claim Canadian citizenship, with all the privileges
it confers, including the right to live in Canada – eventually.
Canada's 'immigration jail'
That anyone should immigrate to Canada while regarding
living there as a burdensome task to be endured or avoided might sound weird,
but the concept is so common among some Chinese immigrant circles that there is
a word for it: yiminjian, or “immigration jail”.
The term refers to the period of compulsory Canadian residency (now, four years
out of the previous six) which one must suffer before applying for citizenship.
Think of a Canadian passport as the get-out-of-jail card.
It needs to be emphasised that this mindset does not
apply to all Chinese immigrants - only that subset for whom greater
opportunities exist back in China (and only a subset of those). The problem in
this instance isn't about nationality or ethnicity - it's about wealth and the
commodification of immigration status.
The case against Wang did not state the specific
programmes under which his clients arrived in Canada, but they were described
as “wealthy” and “well-to-do” by prosecutors. A long-time Canadian immigration
industry source with decades of involvement in Chinese immigration said “the
biggest single category would clearly be the investor-class [husbands]”.
He was referring to the now-defunct Immigrant Investor
Programme and the still-operational Quebec Immigrant Investor Programme. These
schemes effectively put Canadian PR status up for sale, to anyone worth C$1.6
million and willing to hand over an C$800,000 “investment”, for a period of
five years.
The source said he wasn’t surprised by Wang’s case
“although the scale of this was rather impressive”.
Such newcomers are often criticised for treating citizenship as a business
proposition – after it has been presented to them as such
David Mulroney,
former Canadian ambassador to China
However, he said the case illustrated the inherent
difficulty in policing programmes which encourage PR status and citizenship to
be viewed as a commodity to be bought and sold, and that for some rich
immigrants, what he called “the bigger fraud” begins from the moment that they
falsely undertake to live in Canada.
“It illustrates the fact that many of these economic
immigrants got their status through immigration fraud ab initio, from
beginning to end,” he said. “But this bigger fraud is not so easy to prove…it
comes down to the question of intent. There are no documents [that can prove
it]. But after 20 years of China being the main source of business immigrants,
you’d think that the politicians would have noticed that the vast majority of
these astronaut dads do not
in fact reside in Canada. Most never had any intention of doing so. The goal is
to get the wife and kids here.”
Overcoming this mindset would be difficult he said. He
suggested that one way might be that “if immigrants are [supposedly] going to
Quebec, give them a conditional visa ‘[to] demonstrate to us that you have
resided here in Quebec for the past five years, then you’ll get unconditional
permanent resident status’.”
However, he said the
case illustrated the inherent difficulty in policing programmes which encourage
PR status and citizenship to be viewed as a commodity to be bought and sold,
and that for some rich immigrants, what he called “the bigger fraud” begins
from the moment that they falsely undertake to live in Canada.
“It illustrates the fact
that many of these economic immigrants got their status through immigration
fraud ab initio, from beginning to end,” he said. “But this bigger
fraud is not so easy to prove…it comes down to the question of intent. There
are no documents [that can prove it]. But after 20 years of China being the
main source of business immigrants, you’d think that the politicians would have
noticed that the vast majority of these astronaut dads do not
in fact reside in Canada. Most never had any intention of doing so. The goal is
to get the wife and kids here.”
Overcoming this mindset
would be difficult he said. He suggested that one way might be that “if
immigrants are [supposedly] going to Quebec, give them a conditional visa ‘[to]
demonstrate to us that you have resided here in Quebec for the past five years,
then you’ll get unconditional permanent resident status’.”
Canada’s former ambassador to China, David Mulroney, in his recently
published book on Canada-China relations, pointed out that the problem of
investor immigrants heading back to China to earn their livelihoods was one of
Canada’s making. “Such newcomers are often criticised for treating citizenship
as a business proposition – after it has been presented to them as such,” he
writes in Middle Power, Middle Kingdom.
“We’ve been relying on the
dubious notion that an applicant’s net worth is one of the most reliable
indicators when it comes to predicting the likelihood of a happy and successful
transition to Canadian life. What does this say about us to people who are
considering moving here?” Mulroney says.
“It certainly fails to give
pride of place to the qualities and values that have always attracted people to
Canada.”
The fallout from Wang’s
fraud continues. Seven of his former employees have been charged; two are fugitives while
five were due in court this month.
As for the fate of Wang’s
1,200 clients, Judge Reg Harris ominously warned in sentencing: “I expect
the immigration authorities will have to review the circumstances of all those
concerned and it is quite likely that some persons will be removed from Canada.”
By Ian Young the SCMP's former
International Editor. A journalist for more than 20 years, he worked for
Australian newspapers and the London Evening Standard before arriving in Hong
Kong in 1997. There he won or shared awards for excellence in investigative
reporting and human rights reporting, and the HK News Awards Scoop of the Year.
He moved to Canada with his wife in 2010 and is now the SCMP's Vancouver
correspondent.