Destination wedding where you and your beloved one can enjoy the beach, sunshine, and palm trees? But things can get a bit complicated under certain circumstances. Here are a few things that you need to know from a legal perspective before you plan your dream wedding outside Canada.
Usually, marriages that are legally performed in a foreign country are valid in Canada, and you do not need to register them in Canada.
1. Collect The Necessary Documents Before You Leave
You need to make sure you know what documents are required by the destination country. Some foreign governments may require birth certificate, divorce papers, death certificate, premarital blood rest certificate. A valid Canadian passport is required by most countries. Moreover, a certificate is issued by your province or territory showing that there are no legal impediments to your marriage. In case, if you were previously married then a valid divorce certificate is required. You need to have these documents with you before you leave Canada.
If you are already residing abroad, you may be required to obtain a Statement In lieu of Certification of Non-Impediment to Marriage Abroad from the nearest Canadian government office abroad and this certification typically serves as a conclusive proof that there aren’t any objections to the marriage that is going to take place.
2. You Still Need To Comply With Canada’s Federal Laws On Marriage
A marriage which took place abroad must be in compliance with both the laws of the jurisdiction where it took place and under Canadian federal law on marriage. Both individuals have to be above 16 years of age. If one party is below 18 years of age, the party has to obtain consent from parents or legal guardians. You are allowed to marry only 1 person at a time. One who is getting married must be physically present. It is not permitted to get married by telephone, webcam or by proxy. You and whom you are marrying must not be presently married.
3. If One Partner Is A Foreign National And Needs To Be Sponsored For Permanent Residence Later On.
The couple needs to research the local laws where the marriage would occur. Some marriages may not be legal where they occurred but would be otherwise recognized in Canada. In this case, the applicant does not qualify as a spouse as the marriage is not legal where the couple married. As a result, for immigration purpose, the applicant may have to re-marry in a country where the marriage is legal; or if the couple meets the definition of common-law partners, apply as common-law partners.
4. Travel Restrictions
In some countries, spouses are allowed to impose travel restrictions on their spouse and children. This means the spouse can stop you from returning to Canada.
5. Dual Citizenship
In some countries, marrying a citizen can automatically make you a citizen of that country. Canada does not forbid dual citizenship. But the local authority of the country where you hold citizenship could refuse to give you access to Canadian consular services. You might also have to comply with that country’s laws and regulations. For example, you may be required to register for military service or have to pay taxes in that country.
Contact The Lawyers At Ayaz Mehdi Professional Corporation!
If you have any questions regarding foreign marriage requirements, kindly contact one of our Immigration and Family Lawyers for sound advice on your matter.
Disclaimer: Kindly note that sending or receiving information through this site does not establish a solicitor-client relationship. Legal matters are fact-specific, and the law is variably changing. The views expressed and the content provided on this blog are general guidelines and cannot substitute for proper legal advice. Schedule your legal consultation by clicking here: Let’s meet!
