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Author Topic: Am I Legally Married in Canada?  (Read 222 times)
drulandian
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« on: January 12, 2012, 08:04:30 pm »

I married a Canadian on March 9th of 2011. It was a same-sex marriage and now I am hearing all this stuff about my marriage not being legal anymore and dissolved by the Harper government. Is this true? Are we still married? Cry

Source of my Concern: www[dot]theglobeandmail[dot]com/news/politics/despite-legal-about-face-harper-has-no-intention-of-reopening-same-sex-marriage/article2299574/  [dot] means .

Details:
-Relationship Length: 6+ years
-Married At: Bedford, NS
-Date of Marriage: March 9, 2011
-My Nationality: American
-His Nationality: Canadian

Please help me. I am very worried and concerned, as I am attempting to Immigrate to Canada under him, now. Thank you for any answers.
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CharlieD10
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Category........: FAM
Visa Office......: KGN
App. Filed.......: 15-02-2011
File Transfer...: 09-05-2011
Med's Done....: 17-01-2011, 08-03-2012
Interview........: Waived
Passport Req..: 30-3-2012
VISA ISSUED...: 13-04-2012
LANDED..........: ?

« Reply #1 on: January 12, 2012, 08:16:16 pm »

Yes, you are still legally married in Canada.

The case you are referring to is a case of a couple, neither of whom is resident in Canada, trying to get a DIVORCE in Canada.  Divorce is tied to residency in a jurisdiction, and as neither of them is resident or domiciled in Canada, they cannot be divorced in Canada.  However, they were able to get married in Canada, although said marriage will not be recognised in either of their jurisdictions (Florida and the UK).

The government lawyer's argument is circular, and spurious at best.  He cannot declare their marriage void ab initio because it is not recognized where they are resident, it is legal in Canada for them to be married.  What they cannot do in Canada is get a divorce from that marriage, as neither of them is Canadian, and that maybe should have been considered some time back when they were framing the laws, but hindsight is 20/20, especially in legislation!
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