spousal sponsorship (outland) refused due to proxy marriage

[Manny1975]

Yes, your app will be refused. Your proxy marriage is not legally recognized by IRCC.

Are you a lawyer?

 

[canuck_in_uk]

Because I wasn’t at the singing of marriage certificate? I was at the wedding though , why would immigration wait 8 months to refuse it? Are you sure ?

You were not present at the legal marriage. The "wedding" was essentially just a party after the fact.

I couldn’t go, it’s in Garza strip Palestine, I was scared to go there, I have a restaurant here, I employ 22 people, I was scared not to come back. I managed to get my wife out of there in Amman Jordan and we did our wedding there, I explains all that to IRCC,what do you think , thanks for the answers.

Your personal circumstances are irrelevant. The marriage is not legally recognized by IRCC. You could have done the full marriage in person in Jordan.

Are you a lawyer?

People on the forum are not lawyers.

 

[Manny1975]

You were not present at the legal marriage. The "wedding" was essentially just a party after the fact.



Your personal circumstances are irrelevant. The marriage is not legally recognized by IRCC. You could have done the full marriage in person in Jordan.



People on the forum are not lawyers.

Okay thanks for the reply, but no, I don’t think I could’ve remarried in Jordan, I have to get to divorce in Gaza first, my story is very unique, that’s what happens when you don’t have a country, and that’s why I’ll put my life on the line for canit’s too late to withdraw my application now, I’ll wait the outcome and I’ll you know. Have a wonderful day.

 

[Manny1975]

Okay thanks for the reply, but no, I don’t think I could’ve remarried in Jordan, I have to get to divorce in Gaza first, my story is very unique, that’s what happens when you don’t have a country, and that’s why I’ll put my life on the line for Canada, it’s my only country, I am ain’t going back to Gaza after 29 years hear,I loved this girl from back home, I hope my life is not destroyed. It’s too late to withdraw my application now, I’ll wait the outcome and I’ll you know. Have a wonderful day.

 

[Manny1975]

You were not present at the legal marriage. The "wedding" was essentially just a party after the fact.



Your personal circumstances are irrelevant. The marriage is not legally recognized by IRCC. You could have done the full marriage in person in Jordan.



People on the forum are not lawyers.

Okay thanks for the reply, but no, I don’t think I could’ve remarried in Jordan, I have to get to divorce in Gaza first, my story is very unique, that’s what happens when you don’t have a country, and that’s why I’ll put my life on the line for Canada too late to withdraw my application now, I’ll wait the outcome and I’ll you know. Have a wonderful day.

 

[Manny1975]

Yes, your app will be refused. Your proxy marriage is not legally recognized by IRCC.

To be considered physically present at a marriage ceremony, both parties (e.g. sponsor and spouse or principal applicant and accompanying spouse) must have participated in a wedding ceremony in person. Can you tell me what’s this mean? Like I said , in the wedding ceremony I was there. What do you think?

 

[Manny1975]

Yes, we are all positive it won’t be recognized.



http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1081&top=14

To be considered physically present at a marriage ceremony, both parties (e.g. sponsor and spouse or principal applicant and accompanying spouse) must have participated in a wedding ceremony in person. Can you tell me what’s this mean? Like I said , in the wedding ceremony I was there. What do you think?

 

[Manny1975]

Canada introduced a new regulation that does not recognize proxy marriage on June 15 2015. Our marriage was before the new regulation. we have a child now whom I also added to the application while it was been processed. After a year and a half, our application was refused because under the new regulation, our marriage is null. We do not qualify as common law partners as we did not live together for a period of 1 year. It was short visits since then. Humanitarian and compassionate grounds was not used and the best interest of a child involved was ignored. I am planning to appeal. did anyone had/heard a similar situation and how did end? what was the time frame to appear before the appeal board after submitting the appeal?
Thank you for responses.

Hi there, did both of you attend the wedding ceremony in person?

 

[canuck_in_uk]

To be considered physically present at a marriage ceremony, both parties (e.g. sponsor and spouse or principal applicant and accompanying spouse) must have participated in a wedding ceremony in person. Can you tell me what’s this mean? Like I said , in the wedding ceremony I was there. What do you think?

You were required to present for the legal formalities.

 

[YVR123]

To be considered physically present at a marriage ceremony, both parties (e.g. sponsor and spouse or principal applicant and accompanying spouse) must have participated in a wedding ceremony in person. Can you tell me what’s this mean? Like I said , in the wedding ceremony I was there. What do you think?

In general term, wedding ceremony translated to when the paper is signed and when the 2 are legally married. Wedding banquet, tradition celebration...etc is just consider as the party.

You needed to be physically present and sign the paperwork at the "ceremony" (in your case signing of marriage certificate) but you were not. So your marriage is considered as proxy marriage and it's not recognized by IRCC.

 

[Manny1975]

In general term, wedding ceremony translated to when the paper is signed and when the 2 are legally married. Wedding banquet, tradition celebration...etc is just consider as the party.

You needed to be physically present and sign the paperwork at the "ceremony" (in your case signing of marriage certificate) but you were not. So your marriage is considered as proxy marriage and it's not recognized by IRCC.

Thanks for the reply, what do I need now?
divorce, remarry again and a new weddin Ceremony?

 

[YVR123]

Thanks for the reply, what do I need now?
divorce, remarry again and a new weddin Ceremony?

I don't have an answer for you. I am not familiar with marriage/divorce in your country.