Does The IRCC Recognize Virtual Marriages?

The pandemic certainly affected people’s lives in a way nothing had before. And even if it’s slowly becoming a thing of the past, its consequences are still felt today. Besides their health, the pandemic has affected people’s social skills and habits to an extent we could not have foreseen – including travel restrictions, lockdowns, and online weddings.

Virtual weddings became popular, and some states, like the state of New York, temporarily legalized online weddings. No Canadian province did the same, which is affecting one immigration pathway in particular: spousal sponsorships. Canadians planning on sponsoring their partners who live in another country are not able to do so if they got married virtually.

Under Canadian law and immigration regulations, both partners must be physically present at the marriage ceremony for the marriage to be legal.

This is because of the Government of Canada’s efforts to address the vulnerability of women being forced to marry for immigration purposes. The nature of these marriages, whether they are by proxy on the phone or via zoom, can facilitate forced marriages and make it harder to determine whether any of the parties do not consent to the marriage.

The IRCC has not recognized virtual marriages since 2015 but has exemptions for members of the Canadian Armed Forces.

If you got married virtually and want to sponsor your significant other, there are alternatives to do so under a common-law or a conjugal partnership.

Being common law partners means you have lived with your partner for at least 12 consecutive months in a marriage-like relationship. Conjugal partnerships, on the other hand, means that you have been in a relationship for at least 12 months, but you do not live together due to a reason you cannot control.

To sponsor your partner, you must:

  • Be a Canadian citizen, a permanent resident living in Canada, or a person registered under the Indian Act;
  • Be at least 18 years old;
  • Have a partner that is at least 18 years old;
  • Not be in prison, charged with a serious offence or be bankrupt;
  • Have a partner that is in prison, charged with a serious offence or is bankrupt.

You must also be able to provide for your spouse’s basic needs and the needs of their dependent children, if applicable. If you are receiving any social assistance for reasons other than a disability, you cannot sponsor your partner.

How To Prove Partnership To The IRCC?

You can prove a common law partnership by providing the IRCC with proof such as:

  • Bills for shared utility accounts;
  • Insurance policies with both names and the same address;
  • Photos, etc.

Understandably, you may not have some of these items if you have not been living together. Conjugal partnerships can be proven by:

  • Shared sleeping arrangements;
  • Children;
  • Economic support (e.g., sending money abroad for rent);
  • Societal perception of the two as a couple, etc.

Gerami Law has the expertise you need and can help you sponsor your partner. Contact us today and start the process of obtaining your partner’s permanent residence card!