Key takeaways
- A marriage where one or both spouses were not physically present at the ceremony is an excluded relationship under Canada’s immigration regulations
- This includes proxy, telephone, fax, internet and video-call weddings
- A legal registration in another country is not enough
- The rule covers spousal sponsorship and also including a spouse in other applications
- There are two exemptions: applications received before June 10, 2015, and some Canadian Armed Forces members
- A common-law partner is a separate category: a person who has lived with their partner in a conjugal relationship for at least one year without a break
What the rule says
Section 5 of the Immigration and Refugee Protection Regulations (IRPR) says a foreign national is not considered the spouse of a person if, at the time of the marriage ceremony, one or both spouses were not physically present.
IRCC states it this way in its Help Centre: “We don’t recognize these types of marriages. If one or both parties are not physically present at the ceremony, we won’t recognize the marriage.”
The same exclusion applies to the spouse or common-law partner in Canada class (inland sponsorship) in section 125 of the IRPR.
What “physically present” means for you
Both spouses must be in the same place at the time of the ceremony. These weddings are not recognized for immigration purposes:
- A proxy wedding, where someone stands in for one spouse.
- A wedding by telephone or fax.
- A wedding by internet or video call, even if one partner is in Canada and one is abroad.
For example, a couple has a video-call ceremony in which one partner is in another country. That marriage may be registered by a government, but IRCC will not treat the two people as spouses.
A legal marriage abroad is not enough
IRCC’s guide IMM 5289 says a marriage performed outside Canada must be legally recognized both where it took place and in Canada. A marriage certificate or registration must show that the marriage was legally registered with the government where it took place.
Both tests must pass. A valid certificate does not fix a marriage where one or both spouses were not physically present.
The two exemptions
| Exemption | Detail |
|---|---|
| Applications received before June 10, 2015 | The rule does not apply to these applications, according to the IRCC Help Centre. |
| Canadian Armed Forces members | A Canadian Forces member who could not attend because of service, and whose marriage is valid both where it took place and under Canadian law. |
Where the rule comes from
The rule was added in 2015 (SOR/2015-139). The Canada Gazette gives preventing forced marriage as the reason. It applies across permanent and temporary immigration programs, so it matters for sponsorship and for including a spouse in other applications. Our guide to the spousal open work permit explains the work permit routes.
What about common-law partners?
IRCC treats a common-law partner as a separate category. In guide IMM 5289, a common-law partner is a person who has lived in a conjugal relationship with the other person continuously for at least one year.
We cannot tell you whether your situation fits that category. Check IRCC’s definition and read our guide on the 12-month rule. Consider advice from a licensed immigration consultant (RCIC) or lawyer before you apply.
What to do next
- Check where both of you were standing when the ceremony took place.
- If both of you were present, collect the marriage certificate that shows the marriage was registered where it took place.
- If one or both of you were not present, do not assume the marriage will be accepted. Get licensed advice before you apply.
For the full process, read Family sponsorship.
Frequently asked questions
Is a video-call wedding valid for Canadian immigration?
No. IRCC does not recognize a marriage if one or both spouses were not physically present at the ceremony.
My marriage is legal in the country where it was registered. Is that enough?
No. The marriage must be legally recognized where it took place and in Canada.
Does the rule apply to inland sponsorship?
Yes. Section 125 of the IRPR applies the same exclusion to the spouse or common-law partner in Canada class.
Sources
- Justice Laws: IRPR section 5
- Justice Laws: IRPR section 125
- IRCC Help Centre: marriages where a spouse was not present
- IRCC: Guide 5289, sponsor your spouse, common-law partner, conjugal partner or dependent child
- Canada Gazette, Part I, April 4, 2015
This is general information, not legal or immigration advice. For your situation, consult a licensed immigration consultant (RCIC) or lawyer.
