IRCC Concerns About a Marriage Not Being Legally Recognized

Immigration, Refugees and Citizenship Canada (IRCC) may refuse a spousal sponsorship application if the marriage is not legally recognized for Canadian immigration purposes.

For a marriage that took place outside Canada, IRCC generally expects the marriage to be legally valid in the country where it occurred and recognized under Canadian law. If the marriage does not meet the legal requirements of the place where it was performed, IRCC may determine that the applicant does not qualify as a spouse.

Problems can arise when there is no valid marriage certificate, when the marriage was not properly registered, when one person was not legally free to marry, or when the marriage does not comply with the laws of the country where it took place.

IRCC may ask for additional civil-status documents, marriage registration records, divorce documents from previous relationships, or other evidence showing that the marriage is legally valid.

Applicants should make sure that the marriage was properly registered and that all documents proving the marriage are accurate, complete, and consistent with the rest of the sponsorship application.

Frequently Asked Questions

1. Does IRCC recognize marriages performed outside Canada?

Yes, if the marriage is legally valid where it took place and is also recognized under Canadian law.

2. What if the marriage was never officially registered?

IRCC may question whether the marriage is legally valid and may request additional documents or proof of registration.

3. What if one spouse was still legally married to someone else?

This can create a serious eligibility issue because a person must generally be legally free to marry at the time of the new marriage.

4. What documents can prove that a marriage is legally valid?

Evidence may include a marriage certificate, marriage registration record, divorce certificates from previous marriages, civil-status documents, or other official records.

To discuss more about marriage validity and eligibility in a Canadian spousal sponsorship application, book your appointment with a Canadian immigration lawyer now.

Disclaimer: This article is provided for general informational purposes only and does not constitute legal advice.