In order to qualify for family class sponsorship, Canada has stopped recognizing virtual marriages as of 2015. Canada won’t recognize the marriage if one or both partners are not physically present at the ceremony, according to Immigration, Refugees, and Citizenship Canada (IRCC). Both parties must take part in the wedding ceremony personally in order to be deemed physically present at the wedding.
Only those who are serving in the Canadian Armed Forces may be excluded from this restriction. Your marriage may be acknowledged if:
- You are unable to attend your wedding due to restrictions on travel related to your profession.
- The wedding occurs outside of Canada.
- It was registered in a nation where legal proxies for marriage are permitted.
Proxy marriages are those in which one or both parties are legally married but are not physically present and are instead represented by a third party. When it was decided not to recognize marriages through a proxy, the Canadian government placed women’s vulnerability in the context of immigration and forced marriages as a top priority.
Alternative exist for Bringing your spouse to Canada
Today, more than ever, it is important to talk about virtual marriages. Many couples across international borders are looking for methods to be together as COVID-19-related travel restrictions are in force.
This doesn’t necessarily imply that you are completely unlucky if you were virtually married. As long as you meet all eligibility requirements and have lived together for at least 12 consecutive months, you can sponsor your spouse under a common law relationship instead.
Additionally, Humane and Compassionate (H&C) considerations can be used to get around the rule if you were virtually married and can show that your relationship is honest, but your circumstance is in the description of a common-law spouse. Doesn’t fit. H&C is designed to adapt, deal with delicate situations and promote family harmony. In this situation, there must be important, compelling factors in the best interest of such a child.
Outland sponsorship is most likely the only option if your spouse or partner is unable to submit an application from within Canada or does not currently have legal status there.
Under the Outland application category, a spouse or partner may be sponsored if both the sponsor and the sponsored person are in one of the relationships listed below:
- spouses, if you are lawfully wed and your union is recognized both by the legislation of the country where you registered it and by Canadian law;
- Common law is a situation in which you and your partner have lived together for a minimum of two years in a marriage-like relationship.
- conjugal partnership, in which you have been in a committed relationship for at least a year but are unable to cohabitate because of important outside influences like marital status or an immigration restriction.
Additionally, the sponsor and sponsored individual need to fulfill the requirements listed below:
- The sponsor’s citizenship or status as a permanent resident in Canada is required;
- Both the sponsor and the sponsored must be at least 18 years old.
- The sponsor may not have sponsored a spouse in Canada during the five years prior to the application.
- A significant criminal charge, bankruptcy, or being in prison are not permitted for the sponsor or the sponsored person.
