Virtual marriages stopped being recognized by the Family Class sponsorship. IRCC clarified that the absence of both parties at a marriage ceremony makes a marriage unrecognized and won’t be acknowledged as a wedding.
The exemption to this rule applies to only the Canadian Armed Forces. Marriage recognition will be based on the following conditions:
- In the case of being physically absent because of travel restrictions as per the service.
- The marriage ceremony was performed outside Canada.
- If the marriage registration happened in a country that legalizes marriage proxy.
Proxy marriage is a kind of marriage in which one or both parties aren’t physically present, and the other individual represents them at the conception of the marriage. Canada’s government considered women’s vulnerability concerning forced marriage or immigration when deciding about the recognition of Proxy marriages.
Getting your spouse to Canada
In the event of a virtual marriage, you can still sponsor your spouse. You can do so through a common-law partnership, provided you meet all the eligibility criteria and continuously have living experience for a minimum of twelve months.
Additionally, if the marriage is virtual and you can demonstrate the authenticity of your relationship, then you can eliminate the need for a common-law partnership rule. Humanitarian and compassionate considerations are developed to promote family unity and respond to sensitive circumstances. For example, looking into the best interest of the child. If your spouse cannot apply from within Canada or is legally living outside Canada at the time of applying, then the sole option remains to be Outland Sponsorship.
For Outland Sponsorship, the sponsor and sponsored individuals must both have any of the following relationships:
- Spousal relationship: Legal marriage and valid marriage under the jurisdiction law as per registration and Canadian law.
- Common law: Currently cohabiting or have already cohabited with your partner in a relationship similar to marriage for 12 consecutive months.
- Conjugal Partnership: A continuous and committed relationship for 12 months, but you cannot live together because of immigration or marital status.
The Sponsor and sponsored individual must also match the following eligibility criteria:
- The sponsor must hold Canadian citizenship or be a permanent resident in Canada.
- Both the sponsor and the sponsored party must be over 18 years old.
- Before five years of applying, there must be no previous record of the sponsor having sponsored a spouse in Canada.
- The sponsor and the one being sponsored must not hold any criminal record, imprisonment, or have been subjected to bankruptcy.
