Spousal Sponsorship in Canada– Recognition of Marriage and Uncommon Situations
Canada is a multicultural society with people from all walks of life. With such a diverse cultural society, it only makes sense that Canada’s Immigration
System be as diverse. In an effort to consider the practices of others and maintain equality and fairness, Canada takes into account the social, cultural,
ethnic and religious practices from all denominations provided that it does not contravene Canadian Law.
When it comes to sponsorship and marriage that has occurred outside of Canada, many people often wonder whether or not Canada will recognize this marriage.
The answer is; a marriage that is legally recognized according to the laws of where it occurred is usually recognized in Canada. When submitting your
application, you must demonstrate that the marriage was legal where and when it occurred. This is typically done by providing marriage documentation to
this effect.
Further, in terms of Canadian Immigration, if you were previously married, you must be legally be divorced prior to getting remarried are you will not be
able to sponsor. If your divorce is not finalized and you get remarried prior to it finalization, Canada will not recognize this marriage and therefore you
will not be able to sponsor your new spouse. You will need to finalize your divorce first and then get married.
Polygamous marriages also exist and are legal in many countries; Canada is not one of them. As polygamous marriages are illegal in Canada, Immigration
Regulations have no provision for such relationships and therefor you cannot sponsor your spouse(s) if you are in a polygamous marriage.
Another form of unique relationship which exits between couples is an arranged marriage. In situations that qualify, family members or marriage brokers (as
the case may be) set up these marriages between two people who may not have even met before. The couple may be familiar with each other’s background. For
immigration purposes, marriages of this nature are recognized in Canada as they are legally recognized in the country where they occur and do not
contravene the legal definition of a marriage.
Legally speaking, a marriage in Canadian Law is the union of one man and one woman to the exclusion of all others. The policy regarding same marriages is
that they are recognized if they occurred in Canada. Same sex marriages that occur outside of Canada are not recognized for the purposes of Sponsoring a
Member of the Family Class.
If you intend on sponsoring your spouse or partner, contact us to find out how we can help you. We have a wealth of experience in assisting couples reunite
in Canada and will find a solution that works best for you.
