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Marriage

armoured

VIP Member
Feb 1, 2015
15,645
7,950
In Ontario, there are two type of marriages; religious and civil marriage.For civil marriage requirement, you need to check with a local city hall, town hall or municipal office. The following website will help you more: https://www.ontario.ca/page/getting-married
For clarity for anyone coming upon this later: what you've written is technically accurate but may not be evident to any of the people involved in a marriage (except the officiant).

What happens most of the time is that the government routinely licenses religious officials (priests, pastors, rabbis, imams, etc) to carry out the civil marriage. The religious marriage takes place, and the civil (government) parts of the marriage requirements are done in parallel (mainly signing marriage docs, civil registry documentation and the witnessing). The officiant of the wedding is acting as an agent of the government in this specific and limited sense - i.e. carries out the civil marriage as well as the religious one.

The easiest way to think of it is that (for the most part) religious marriages are two marriages in one (as long as the officiant is licensed). Legally though, only the civil part of the marriage counts. (Note also some variation by province)

I know this is a bit pedantic but it's precisely where this case causes issues in Canada. In some countries (much of Europe) the religious ceremony is legally meaningless or close to it, and only the civil marriage matters. In some other countries, the religious ceremony has the force of law, and civil registration (if it exists) may only be a legal formality or convenience.

I gather India is more like the latter case. Whereas someone who got 'married' in a church in France (I think) is not married in the eyes of the law in France (or therefore in Canada). (Note: saying this with no regard for common law union concepts or lots of other specifics or exceptions...)

Oh boy the confusion! Anyway we were both PRs before marriage and applied under EE (literally did not know each other at the time). We just had a quick marriage with a hindu priest with our families watching over. Our lives are otherwise based in Canada. I personally did not think this would be an issue.
I'm not really clear what your issue is or to whom you think you need to show or demonstrate your marital status. Obviously there are potential circumstances where it would matter, but a lot of cases where it won't matter or whichever organisation or entity you're dealing with simply won't ask for any documentation - they'll just take your word for it that you are spouses.

Also, if you've been living together for more than a year, then in most provinces, you are common law spouses (subject to some qualifications). The specifics and implications can vary a bit and have some peculiarities (depends on circumstances), but may be enough for most purposes (another reason why some may take word for it that you're married).

BUT: it is a very good idea to have legal documentation confirming your marital status. Copies with family members or a lawyer or a safe deposit box or whatever. If they're from out of country, extra copies, notarised, translated, legalised, etc - as needed or applicable. It may not be needed often, but if it is needed, it could take months and months, or worse require permissions or signatures from people not available, powers of attorney in multiple countries, etc. (Nobody wants to have to prove their marital status when somebody's sick or incapacitated)

Getting this may mean getting a copy of the marriage certificate or extract from the civil registry in the country where married, translation/notarised copy, and possibly legalised (e.g. through apostille or equivalent). Details vary by country. It's not necessarily that difficult but 'it depends.'

I gather from the Indian case referred to it may mean getting the religious ceremony registered first - in India - in order to get a civil registry certificate but no idea. There may be other approaches or suggestions to achieve the same ends under Canadian law, like powers of attorney, but that's for proper lawyers.

(To be fair from a foreign perspective the Canadian situation can also seem weird - there's no national registry to speak of, and some provinces still have archaic stuff on the books like the publication of the banns in Ontario)

Sorry if this post is a bit in the weeds.
 
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jovi12

Full Member
Oct 31, 2019
38
10
Hi everybody. I recently received ppr and my passport should be on its way with visa stamped. I am single now. My plan is to travel to Canada, wait for my PR card and then return to my home to get married and travel back to Canada for spouse sponsorship.
Is this ok? Or should I wait for some time after PR? Will something in my PR status change if I get married in this way?
 

armoured

VIP Member
Feb 1, 2015
15,645
7,950
Hi everybody. I recently received ppr and my passport should be on its way with visa stamped. I am single now. My plan is to travel to Canada, wait for my PR card and then return to my home to get married and travel back to Canada for spouse sponsorship.
Is this ok? Or should I wait for some time after PR? Will something in my PR status change if I get married in this way?
There are two separate questions here that are related in one key aspect:

1) Your eligibility to sponsor - for the most part, PRs in Canada are eligible to sponsor spouses etc if they are in compliance with PR conditions (criminality, etc).

2) Spouse's eligibility and genuineness of relationship.

Where these intersect: were you married legally or de facto (such as common law) before you landed?

Short form: if you were married before and hid it in order to qualify under whatever program you applied under, that's potentially a problem of misrepresentation. If this is a new relationship and you were not married before, you'll have to show the relationship is genuine and not a marriage of convenience for PR purposes.

In some circumstances, this might all be perfectly above board and normal, but the immigration folks may want to look into it a bit more closely if there's a concern on either side.
 

jovi12

Full Member
Oct 31, 2019
38
10
There are two separate questions here that are related in one key aspect:

1) Your eligibility to sponsor - for the most part, PRs in Canada are eligible to sponsor spouses etc if they are in compliance with PR conditions (criminality, etc).

2) Spouse's eligibility and genuineness of relationship.

Where these intersect: were you married legally or de facto (such as common law) before you landed?

Short form: if you were married before and hid it in order to qualify under whatever program you applied under, that's potentially a problem of misrepresentation. If this is a new relationship and you were not married before, you'll have to show the relationship is genuine and not a marriage of convenience for PR purposes.

In some circumstances, this might all be perfectly above board and normal, but the immigration folks may want to look into it a bit more closely if there's a concern on either side.

1- I am eligible, or will be as soon as I arrive in Canada.

2- He is eligible. And I can prove our relationship 4 years back, lots and lots of photos, tickets for trips and travels together, messages in whatsapp from 4 years back etc. I did not get married and I don't want to get married before landing, since I don't want to postpone my landing.


My only concern was about the time of when should I get married after PR and when to apply for sponsorship.
 

jovi12

Full Member
Oct 31, 2019
38
10
There are two separate questions here that are related in one key aspect:

1) Your eligibility to sponsor - for the most part, PRs in Canada are eligible to sponsor spouses etc if they are in compliance with PR conditions (criminality, etc).

2) Spouse's eligibility and genuineness of relationship.

Where these intersect: were you married legally or de facto (such as common law) before you landed?

Short form: if you were married before and hid it in order to qualify under whatever program you applied under, that's potentially a problem of misrepresentation. If this is a new relationship and you were not married before, you'll have to show the relationship is genuine and not a marriage of convenience for PR purposes.

In some circumstances, this might all be perfectly above board and normal, but the immigration folks may want to look into it a bit more closely if there's a concern on either side.
In my country, common law marriage or partner aren't recognized.
Thank you for your reply.
 

armoured

VIP Member
Feb 1, 2015
15,645
7,950
2- He is eligible. And I can prove our relationship 4 years back, lots and lots of photos, tickets for trips and travels together, messages in whatsapp from 4 years back etc. I did not get married and I don't want to get married before landing, since I don't want to postpone my landing.

My only concern was about the time of when should I get married after PR and when to apply for sponsorship.
In my country, common law marriage or partner aren't recognized.
Were you living together or have children together prior to your landing?

The question of whether your country recognises common law marriage or partner is not always determinative.

For example, applicants are often sponsored on the basis of common law relationships that are not recognised in country of residence.
 

jovi12

Full Member
Oct 31, 2019
38
10
Were you living together or have children together prior to your landing?

The question of whether your country recognises common law marriage or partner is not always determinative.

For example, applicants are often sponsored on the basis of common law relationships that are not recognised in country of residence.
Not living together, no children.
 

armoured

VIP Member
Feb 1, 2015
15,645
7,950
Not living together, no children.
Then based only on what you've put here, I don't see significant issues.

Again, just to keep in mind that your file may get a bit of extra scrutiny based on this type of concern if you apply shortly after becoming a PR yourself.
 

jovi12

Full Member
Oct 31, 2019
38
10
Then based only on what you've put here, I don't see significant issues.

Again, just to keep in mind that your file may get a bit of extra scrutiny based on this type of concern if you apply shortly after becoming a PR yourself.
They can search all they want and i can provide them with everything. What's wrong with marrying your boyfriend and wanting to live together in Canada? I don't mind this part, since our relationship is genuine. Since there isn't any law prohibiting me to get married with my Bf after PR, all the rest do not concern me.
 

armoured

VIP Member
Feb 1, 2015
15,645
7,950
They can search all they want and i can provide them with everything. What's wrong with marrying your boyfriend and wanting to live together in Canada? I don't mind this part, since our relationship is genuine. Since there isn't any law prohibiting me to get married with my Bf after PR, all the rest do not concern me.
What program did you apply under and receive PR?

The hypothetical issue is this: would you have qualified and been accepted if you had applied as married? (And if you would have, why didn't you do that instead of first immigrating and then sponsoring, since it will mean time apart, presumably hard for most couples).

If the answer to 'would you have been accepted if married' is no, the possibility exists that you were gaming the system or misrepresenting your situation in order to qualify. I'm not accusing you, I'm just saying this is one lens through which your application to sponsor him so soon after landing could be seen.

And, in addition, the possibility that the relationship is a marriage of convenience for immigration purposes, although sounds like you have documentation to cover that.

Again: you asked if there is okay or if you should wait. I'm not giving advice, just noting the potential issues, up to you to decide what to do.
 

jovi12

Full Member
Oct 31, 2019
38
10
Because I decide when I get married and not the system. I have postponed it, because I can't tell the future. If I knew I wouldn't go to Canada, I would have settled in my country, get married and have children. Now that I'm going, I want to get married before I have children, because time flies.

This is an issue for many of the singles who have applied, as I read on this forum, of course not anybody gets married before PR, for many ,many reasons. I don't know why you consider it "gaming the system" or "misinterpreting", since I'm not married and i haven't lied about anything, I have applied as a single who now wants to get married.
 

armoured

VIP Member
Feb 1, 2015
15,645
7,950
Because I decide when I get married and not the system. I have postponed it, because I can't tell the future. If I knew I wouldn't go to Canada, I would have settled in my country, get married and have children. Now that I'm going, I want to get married before I have children, because time flies.

This is an issue for many of the singles who have applied, as I read on this forum, of course not anybody gets married before PR, for many ,many reasons. I don't know why you consider it "gaming the system" or "misinterpreting", since I'm not married and i haven't lied about anything, I have applied as a single who now wants to get married.
Again, read carefully: I am not accusing you of anything, I am not saying you are gaming the system or misrepresenting. I am providing information to you on how your circumstances could be interpreted by officials on the lookout for gaming the system or misrepresenting facts and how it affects eligibility. You draw your own conclusions on how to proceed and what the risks or potential issues are (and how long file processing may take, amongst other things).

And of course you decide when you get married and not the system. But the system decides when or if your (future) spouse gets admission to Canada. This is simply a fact of how sponsoring works.
 

jovi12

Full Member
Oct 31, 2019
38
10
Again, read carefully: I am not accusing you of anything, I am not saying you are gaming the system or misrepresenting. I am providing information to you on how your circumstances could be interpreted by officials on the lookout for gaming the system or misrepresenting facts and how it effects eligibility. You draw your own conclusions on how to proceed and what the risks or potential issues are (and how long file processing may take, amongst other things).

And of course you decide when you get married and not the system. But the system decides when or if your (future) spouse gets admission to Canada.
It sounded a bit harsh, sorry :D
No, I don't take it as an accusation, since I've done nothing wrong, and If you did accuse me of anything, you would accuse 70-80% of the applicants. Thanks for your answers.
 

canuck_in_uk

VIP Member
May 4, 2012
31,558
7,196
Visa Office......
London
App. Filed.......
06/12
Because I decide when I get married and not the system. I have postponed it, because I can't tell the future. If I knew I wouldn't go to Canada, I would have settled in my country, get married and have children. Now that I'm going, I want to get married before I have children, because time flies.

This is an issue for many of the singles who have applied, as I read on this forum, of course not anybody gets married before PR, for many ,many reasons. I don't know why you consider it "gaming the system" or "misinterpreting", since I'm not married and i haven't lied about anything, I have applied as a single who now wants to get married.
You will be fine to sponsor. IRCC is not going to consider it gaming the system or anything else like that. It is quite a common situation.
 
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canuck_in_uk

VIP Member
May 4, 2012
31,558
7,196
Visa Office......
London
App. Filed.......
06/12
What program did you apply under and receive PR?

The hypothetical issue is this: would you have qualified and been accepted if you had applied as married? (And if you would have, why didn't you do that instead of first immigrating and then sponsoring, since it will mean time apart, presumably hard for most couples).

If the answer to 'would you have been accepted if married' is no, the possibility exists that you were gaming the system or misrepresenting your situation in order to qualify. I'm not accusing you, I'm just saying this is one lens through which your application to sponsor him so soon after landing could be seen.

And, in addition, the possibility that the relationship is a marriage of convenience for immigration purposes, although sounds like you have documentation to cover that.

Again: you asked if there is okay or if you should wait. I'm not giving advice, just noting the potential issues, up to you to decide what to do.
"Would you have been accepted if married" is NOT a question IRCC is going to ask. This is not an issue at all.
 
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