Since 2015, Canada has not recognized virtual marriages for the purpose of family class sponsorship. According to Immigration, Refugees, and Citizenship Canada (IRCC), both parties need to be physically present at the ceremony for it to be officially recognized.

The only exception to the rule is if one party is in the Canadian Armed Forces. Virtual marriages will be accepted by the IRCC if the uniformed officer:

1. Could not be present due to travel restrictions related to his/her service;
2. Got married outside of Canada; and
3. Registered the marriage in a country where a proxy or virtual marriage is legal.

By definition, a proxy wedding is a ceremony where one or both parties are not physically present. In order to solemnize the ceremony, a proxy will represent the absent party.

Bringing your spouse to Canada

If you had a virtual marriage, this does not mean you will not be able to bring your spouse to Canada.

Here are a couple of options:

Common-Law Partnership

One way to sponsor your spouse is through a common-law partnership application. Of course, you will need to meet all the eligibility criteria under this option. This includes proof that you have lived together for at least 12 months consecutively.

Outland Sponsorship

If your spouse or partner is unable to apply from inside Canada or does not legally live in Canada at the time of the application, outland sponsorship is the way to go.

Here are the basic requirements to be eligible for this option:

• • Be a Canadian citizen or permanent resident;
  • Be at least 18 years old;
  • Be in good standing (have not been in prison, charged with a serious offense, or have gone bankrupt);
  • Must not have sponsored another spouse in the last five years;

Apart from these basic requirements, you and your spouse also to prove that you are in one of the following relationships:

• • Spouses -where you are legally married and your marriage is valid under the law of the jurisdiction where it was registered and under Canadian law;
  • Common-law – where you are cohabiting or have cohabited with your partner in a marriage-like relationship for at least 12 consecutive months; and
  • Conjugal partnership – where you have been in an ongoing and committed relationship for at least 12 months but due to significant factors beyond your control, such as an immigration barrier or marital status, you cannot live together.

If you need help with a Common Law Partnership Visa or Spouse Visa for Canada, feel free to email us at FST@enhancevisa.com.