Regarding Marriage Certificate for Canada Immigration

[sultanms]

@legalfalcon Can you please suggest here.

 

[legalfalcon]

Problem Statement: We were married back in 2013 under Muslim (Islamic) law but unfortunately, the marriage was not registered. We went to the Registrar Office - Madhya Pradesh, India where they expected us to produce a Nikah-Namah (mandatory) which was not available to us. Further we also contacted the Qazi (Muslim Marriage Official) but as per them, there is no entry of the marriage in their records.

I am stuck at the moment and looking for a possible solution so that we can proceed with our Canadian PR process.
Few points to ponder:
1. Is it possible to perform a court-marriage in Madhya Pradesh India and then get a registered marriage certificate? Will this marriage certificate be considered. Please note that we have 5 yrs old child with us.
2. Is there any alternate document which can be produced instead of marriage certificate?

Kindly suggest a way forward.
Regards

First of, getting your marriage registered with the government is the law and you have an obligation to do so, irrespective of whether you get married under any religion specific personal law.

1. Yes, you can get a court marriage done, but you are already married. So instead of going through the whole process, just get a Nikah-Namah, even if its recently dated and file your papers with the registrar's office. This is the simplest way to get things done correctly. You will also be asked to produce other documents, so check the local office about the requirements. The list of documents required is also available at https://www.mpenagarpalika.gov.in/irj/portal/anonymous?NavigationTarget=navurl://ce05bc9af52f53ad1f58387f2bab3198&guest_user=anony1.

2. No. Under the Marriage registration Act, it is mandatory to get a marriage registered in India, and IRCC won't accept any other document, unless you state your relationship as common law and provide the required documents.

 

[sultanms]

My family visited the registrar office to apply they have given a day to sign in front of registrar , but it would exceed the deadline time of my ITA . Can i write an LOE explaining that i have filed an application with acknowledgement receipt from the registrar office and submit my profile and later update the certificate as soon as i receive it . Would that work? Or will it be an incomplete application.
Can you respond . Thanks

@legalfalcon Thanks for your expert opinion. I hope this helps you Ali.

 

[jitinkalra]

I have received an ITA but unfortunately I don't have marriage certificate. Currently, I am living in Canada and due to COVID it is difficult to travel to India to register our marriage. However, mine and my wife passports have names of each other. Does this suffice or do we need to arrange any addtiona documents to proof our marriage.

 

[sultanms]

I have received an ITA but unfortunately I don't have marriage certificate. Currently, I am living in Canada and due to COVID it is difficult to travel to India to register our marriage. However, mine and my wife passports have names of each other. Does this suffice or do we need to arrange any addtiona documents to proof our marriage.

I don’t think this can be taken as an exception since marriage certificate is one of the prerequisite and mandatory item for a couple to file the PR application. However, plz connect with ircc agents on this as to what can be done.
The experts here might be able to guide you.

 

[anbueceit]

I have received an ITA but unfortunately I don't have marriage certificate. Currently, I am living in Canada and due to COVID it is difficult to travel to India to register our marriage. However, mine and my wife passports have names of each other. Does this suffice or do we need to arrange any addtiona documents to proof our marriage.

Hi, Did you manage to get Marriage certificate. I'am also in same boat

 

[stayyoung2507]

Any update here? I am in the same situation? Can we submit affidavit in lieu of the marriage certificate?

 

[GandiBaat]

Problem Statement: We were married back in 2013 under Muslim (Islamic) law but unfortunately, the marriage was not registered. We went to the Registrar Office - Madhya Pradesh, India where they expected us to produce a Nikah-Namah (mandatory) which was not available to us. Further we also contacted the Qazi (Muslim Marriage Official) but as per them, there is no entry of the marriage in their records.

I am stuck at the moment and looking for a possible solution so that we can proceed with our Canadian PR process.
Few points to ponder:
1. Is it possible to perform a court-marriage in Madhya Pradesh India and then get a registered marriage certificate? Will this marriage certificate be considered. Please note that we have 5 yrs old child with us.
2. Is there any alternate document which can be produced instead of marriage certificate?

Kindly suggest a way forward.
Regards

Which immigration documents have you completed till date? If there are documents where you list each other as "married couples" then suddenly producing a marriage document with marriage date just one week back will look suspicious.

Secondly, immigration authorities are usually not comfortable with new marriages. They suspect marriage of convenience.

One way around is to show your marriage till date as "common law" -- basically living like a married couple without marriage. Having a child in your relationship reduces doubt of its genuineness. Though, "common law" is not exactly common among us Indian Muslims.

What is weird is that there is no record of your Nikah with Qazi. Thats their job to have a record!

 

[stayyoung2507]

Hi, Did you manage to get Marriage certificate. I'am also in same boat

Any update?

 

[mr.preetsingh]

Any update here? I am in the same situation? Can we submit affidavit in lieu of the marriage certificate?

Not accepted for various applicants. They rely on the Marriage Certificate.

 

[stayyoung2507]

Not accepted for various applicants. They rely on the Marriage Certificate.

Ok is it ok if the certificate is issued within the given time or it has to be issued back dated? And can it from anywhere in India?

 

[mr.preetsingh]

Ok is it ok if the certificate is issued within the given time or it has to be issued back dated? And can it from anywhere in India?

Marriage Certificate is a Govt signed document. Can be anywhere from India

 

[farhanzamo]

1)I have got the certificate attested by Ministry of external affairs would that work?
2) if not how did u get it registered did you go back to india and followed the 30 day process?
3) My concern is i am applying as a single applicant with un accompanying spouse at the moment if i submit my existing certificate and write a LOE that i would submit the document as soon as i get it registered would that suffice?

please let me know

thanks

How did you resolve it?