Marriage Certificates and Canadian Immigration: Not All Certificates Are Created Equal

We also know it can throw a bit of a wrench in things when it comes to immigration. It’s more paperwork to produce, plus you need to make sure your marriage documents meet all the requirements. And it’s not always as easy breezy as some online wedding celebrants would have you think.  

In this article, we dig into what the requirements for marriage are in the eyes of Immigration, Refugees, and Citizenship Canada (IRCC), plus talk about a recent case where things didn’t quite go as planned in the immigration process. We hope it helps clear things up so you can celebrate your big day with your focus where it belongs – on your loved one, not your immigration application. 

Marriage Requirements for Canadian Immigration 

Here’s exactly what IRCC says about the specific marriage requirements for Canadian immigration:  

“You can sponsor the person as your spouse if your marriage is a legally valid civil marriage. 

Marriages: 

• will be recognized for immigration purposes, where the marriage: 

1. was legally performed in Canada, or 
2. if performed outside of Canada, the marriage must be legally recognized both in the country where it took place and in Canada. 

Note: IRCC does not recognize marriages performed outside of Canada by proxy, telephone, fax, Internet and other forms of marriage where one or both persons were not physically present at the ceremony.” 

Proof of Marriage for IRCC 

You’ll also need to have proof of marriage for IRCC to show that you are legally married. You’ll need to base your individual application on the document checklist for your specific situation (find it here), but generally speaking IRCC asks for a marriage certificate “or other proof that your marriage is legally registered with governmental authorities in the jurisdiction where it took place.” 

It notes that a record of solemnization or marriage license is not acceptable. This can be tricky in some US states, since some states call a marriage certificate a marriage license. If you’re in this boat, you may need to provide a letter of explanation (plus links to the information for the specific state). It could be worth consulting with an immigration professional to be sure.  

Generally speaking, it’s worth sending photos of the marriage ceremony showing your friends, family, and supporters there. If you don’t have any or you had a small ceremony, many applicants send a letter of explanation detailing why. 

Does IRCC accept virtual marriage?  

IRCC does not usually accept a virtual marriage, or proxy marriage, or any marriage where both participants are not in attendance at the ceremony.  

There are some exceptions for people who applied before June 10 in 2015 and certain members of the Canadian Armed Forces. But these are very limited.  

What Went Wrong in the Fiddler Marriage Case?  

We came across a recent Federal Court decision that we thought was worth sharing here. It’s interesting because it shows how strictly the marriage ceremony requirements are in practice.  

In this case, a sponsor Chad Fiddler and his wife Sana Parvez (the applicant) were denied when they submitted a Canadian spousal application. The couple met online in 2022 and married in Dubai, United Arab Emirates on December 6, 2023. Both Chad and Sana were in Dubai at the wedding ceremony – but here’s the kicker, their celebrant was in Utah.  

Their wedding had been facilitated by the online marriage service, Courtly. Courtly advertises as the leading online marriage provider that lets you get legally married online from anywhere. It states on its website that it can be used to ‘help with visa paperwork’.  

To be clear, we aren’t saying the Courtly service is bad. It seems like an incredible service that can be really helpful for many people, including those who are on military deployment or unable to access recognized same-sex marriage where they are. We are only saying that it is not a valid provider for Canadian immigration purposes at this point, even though it says it can help with visa paperwork.  

Canada Does Not Recognize Online Weddings for Immigration 

Unfortunately for Chad and Sana, this wedding was not recognized by IRCC, which decided that Sana was not a member of the family class.  

The reason is that they were not physically present for their wedding ceremony because the celebrant was not physically present with them.  

Here’s the exact wording:  

“While both the Appellant and Applicant were physically present in the same place when the virtual marriage ceremony took place, the visa office found that the marriage took place in Utah since it was the location where the officiant was and the jurisdiction that issued the marriage certificate.” 

Key Takeaways for Newcomers Getting Married 

Here are some tips for newcomers who are getting married, but also keeping immigration in mind:  

• Always be open and honest with IRCC about your marital status. If you get married and you have a PR application in process, let IRCC know about it.  
• Virtual or proxy marriages won’t work for immigration – even if they are legal in the country or US state they’re performed.  
• You should both be physically present at your wedding with the officiant also present, and you should register your wedding in the location of your ceremony.  

Love should be simple, but immigration rarely is. So, unfortunately, whether your ceremony will meet Canadian requirements should take up some of your mental time and space before your wedding day.  

Do some research about the validity of your wedding before your big day, so things can run more seamlessly afterwards – and your future self will thank you.  

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