same sex marriage should we marry in canada or uk?

[tiana]

hello i am new to this forum and lookng for a bit of advice before going to a lawyer

I am a transexual and not operated and have no desire to do so and would like to marry my partner who is a uk citizen and eventually live in london ...I am canadian he is british and was wondering if it would be faster to get married in canda then going back to the uk or waiting for approval from the uk (since you have to notify them and fill out a form if your intention is to get married in the uk).my friend told me if i obtain a license to get married in canada i would have to wait many months for the marriage certificate so then it would be the same as waiting for an entry visa into the uk with purpose of getting married.so my question is should i marry my uk partner in canda or the uk (btw both countries recognize civil partnership)

[dadaem]

hello i am new to this forum and lookng for a bit of advice before going to a lawyer

I am a transexual and not operated and have no desire to do so and would like to marry my partner who is a uk citizen and eventually live in london ...I am canadian he is british and was wondering if it would be faster to get married in canda then going back to the uk or waiting for approval from the uk (since you have to notify them and fill out a form if your intention is to get married in the uk).my friend told me if i obtain a license to get married in canada i would have to wait many months for the marriage certificate so then it would be the same as waiting for an entry visa into the uk with purpose of getting married.so my question is should i marry my uk partner in canda or the uk (btw both countries recognize civil partnership)

hi. Have you read the current issue about marriage of the same sex performed in Canada? There's an issue about that as of the moment. According to the news, same sex marriage performed since 2005 were not valid. Check with the immigration first.

[tiana]

funny i was just reading it as you informed me of this article......i guess i will have to register for my entrance visa into the uk for purpose of getting married i suppose consulting an immigration lawyer would be best

thank you for your response 

[dadaem]

funny i was just reading it as you informed me of this article......i guess i will have to register for my entrance visa into the uk for purpose of getting married i suppose consulting an immigration lawyer would be best

thank you for your response 

YOu're welcome! Good luck!

[sidkrose]

hi. Have you read the current issue about marriage of the same sex performed in Canada? There's an issue about that as of the moment. According to the news, same sex marriage performed since 2005 were not valid. Check with the immigration first.

This isn't true at all. Check your facts. The issue was that same sex marriages of NON CANADIANS, were not necessarily valid in their own countries, so they would be unable to get divorced in their own countries. And in Canada, in order to get a divorce, you need to live here (for at least one year I believe). Since these people did NOT live in Canada, and there marriage was not recognized in there HOME country, they could not get divorced.

The law is being amended to fix this by allowing divorce for couples like this.

Tiana - if the UK recognizes same sex marriages (I'm not sure that they do), then you may get married there. Otherwise you will have to get married in Canada. I'm not sure how long marriage certificates take, but I don't think it's that long. It will take you some time to prepare your application anyway. I suggest you read up on the CIC website, it is your best resource. Good luck!

[tiana]

so if i marry my partner in canada ( i am a canadian ,he is a uk .) the uk recognizes same sex marriage...so we can get married in canada then go back to the uk : ) correct? my friend told me that it might take months to get a marriage certificate in canada,i understand that a marriage license and certificate is very different , so i guess it would be the same amount of time to wait for an entry visa for purpose to get married in the uk.

[eeeeeeeelectric]

I don't believe same sex marriage is law in UK.

I am an American, married to my same sex wife (A Canadian).

Our certificate took 2 months after our wedding in BC.

I'd recommend marrying in Canada. 

THe gov is fixing the laws to protect the marriages AND allow for divorces.  Nothing was made invalid.  It was only a part of the internationl law that was challenged by the gov official.


Good luck!!!

[sidkrose]

so if i marry my partner in canada ( i am a canadian ,he is a uk .) the uk recognizes same sex marriage...so we can get married in canada then go back to the uk : ) correct? my friend told me that it might take months to get a marriage certificate in canada,i understand that a marriage license and certificate is very different , so i guess it would be the same amount of time to wait for an entry visa for purpose to get married in the uk.

So I've looked it up and the UK does not have legal same-sex marriage. You will have to get married in Canada. But yes, you can then go back to the UK, apply for PR to Canada from there, and wait for it to be processed.

Check out:

http://www.cic.gc.ca/english/information/applications/fc.asp

for guides and forms for spouse sponsorship outside of Canada.

[tiana]

actually the word marriage is not legal but its called a civil partnership and you have all the same rights as a marriage all the way to immigration i called a lawyer and he told me weither i waited in canada to get entry to the uk for a civil partnership or marrying in canada then going back to london it would take the same amount of time 2-3 months.......oh well better arm myself with a lot of patience.

[sidkrose]

I've looked it up in the OP2 manual here:

http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf

section 5.40 states:


"Same-sex marriages performed outside Canada are not recognized for immigration purposes.
However, a Canadian citizen or a permanent resident who married their same-sex partner outside
Canada may qualify to sponsor their partner as a common-law or a conjugal partner"

So you will definitely have to get married in Canada.


EDIT: I am not totally sure on this info as I have heard conflicting things here on the forum, but I'm trying to find out.

[GPSMiami1610]

Supporting the marry in Canada! I (American) married my Canadian wife at the beginning of last year (after a long record of our relationship, lol) and just got my passport summons. There won't be any problem.

I would check though what you may need to adjust or add to in regards to proof of identity if your legal documents don't all match in gender. (ie. your birth cert will be one sex, and if driver's license is in another) That won't in any way impact your being able to immigrate, but you may need to provide additional documents to prove that the you on that driver's license is the you on the birth cert, even if the genders have changed.