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Getting married

akbarz

Star Member
Nov 15, 2019
132
51
so it is not recognized by government, right?
In the UK, no. They have you do both a civil and religious.

In Canada, if the Imam (officiant) is registered to perform marraiges, the nikah can be recognized as the official wedding and there is no need for another civil wedding. You still need a marraige license, and the officiant will submit the forms that need to be signed the same way you would for a civil wedding. Then you are given a marraige certificate
 

armoured

VIP Member
Feb 1, 2015
17,147
8,800
In the UK, no. They have you do both a civil and religious.

In Canada, if the Imam (officiant) is registered to perform marraiges, the nikah can be recognized as the official wedding and there is no need for another civil wedding. You still need a marraige license, and the officiant will submit the forms that need to be signed the same way you would for a civil wedding. Then you are given a marraige certificate
To be a bit pedantic but important distinction: generally in Canada, the officiant (any religion) can be effectively 'deputised' to perform civil weddings. But the religious and civil weddings are separate legal concepts.

To participants in the wedding (e.g. guests) the difference may not be noticeable at all.

You can have any ceremony you want - in a mini-golf club, for example. Or in a cathedral or mosque. If the officiant is 'deputised' properly and civil procedures followed, it's a legal wedding. If the officiant is not and does not, the ceremony is almost completely irrelevant and you're not married legally in Canada.

(Important caveats: depends on province and a lot of other weird archaic exceptions exist. The religious authorities may have their own requirements - like they won't perform weddings unless religious rules also followed. Etc. But if they don't follow civil requirements, it doesn't exist. Given widespread recognition of common law and civil unions but different legal systems/provincial rules, 'recognition' of the marriage as a legal marriage may or may not matter, e.g. child support or alimony decisions may not depend at all on whether a civil marriage exists legally, the context of the issue at hand matters....)
 

canuck78

VIP Member
Jun 18, 2017
55,469
13,472
I actually was not sure how I could have him stay here and apply inland as he can only stay here a few months without visa (only eTa). So to lessen the confusion we did outland. Plus he still needed to work to save up for our move and I was in my degree full time so we did outland
It happens all the time. Visas can be extended and a spouse is under implied status through the OWP application. Just creates some red flags that you did a civil ceremony, applied for sponsorship and returned to the UK when you didn’t have to. Given that there is no immigration advantage by being in Canada for UK citizens it may be overlooked.
 

akbarz

Star Member
Nov 15, 2019
132
51
It happens all the time. Visas can be extended and a spouse is under implied status through the OWP application. Just creates some red flags that you did a civil ceremony, applied for sponsorship and returned to the UK when you didn’t have to. Given that there is no immigration advantage by being in Canada for UK citizens it may be overlooked.
I see. Well i did explain that he had to return because he had to work, if he was here waiting for OWP he couldn't work during that time. Only one of us is working during this time so it was important for him to go back, it wasn't a financially sound choice to have him move here and wait. I'm also moving to England at the end of my degree and our application will most likely still be in process at that time. Let's see what happens, so far so good. Transferred to London VO over a month ago
 

canuck_in_uk

VIP Member
May 4, 2012
31,553
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Visa Office......
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I see. Well i did explain that he had to return because he had to work, if he was here waiting for OWP he couldn't work during that time. Only one of us is working during this time so it was important for him to go back, it wasn't a financially sound choice to have him move here and wait. I'm also moving to England at the end of my degree and our application will most likely still be in process at that time. Let's see what happens, so far so good. Transferred to London VO over a month ago
Note that when you move to England, you must inform IRCC that you have moved out of Canada. You can then expect a request for proof of intent to return to Canada as soon as the sponsorship app is approved. If you can't show such proof, the app will likely be refused.
 

akbarz

Star Member
Nov 15, 2019
132
51
Note that when you move to England, you must inform IRCC that you have moved out of Canada. You can then expect a request for proof of intent to return to Canada as soon as the sponsorship app is approved. If you can't show such proof, the app will likely be refused.
Okay, so I'm confused by what you said. I finish off my degree early December, so since my husband and I have been apart since we have been married I want to go visit and live with him - possibly go for a honeymoon since we weren't able to before, I have to inform IRCC of my travel plans? even if I come back to Canada in a few weeks up to 2 months?

Let's say I have to show proof. What kind of proof would I show? Rental? Job offer? I have to come back to write my licensing exam to work as an RN in BC, would that be proof enough - since I am registering with my regulatory body to practice in BC and haven't done so in England?

How would this work the other way? If he comes here today, while his application is in process, will he be able to extend his visit past the 6 months he's allowed by his passport and eTA? Is he allowed to stay in Canada while the application is outland? Would he inform IRCC he has moved to a Canadian address?
 

canuck_in_uk

VIP Member
May 4, 2012
31,553
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Okay, so I'm confused by what you said. I finish off my degree early December, so since my husband and I have been apart since we have been married I want to go visit and live with him - possibly go for a honeymoon since we weren't able to before, I have to inform IRCC of my travel plans? even if I come back to Canada in a few weeks up to 2 months?

Let's say I have to show proof. What kind of proof would I show? Rental? Job offer? I have to come back to write my licensing exam to work as an RN in BC, would that be proof enough - since I am registering with my regulatory body to practice in BC and haven't done so in England?

How would this work the other way? If he comes here today, while his application is in process, will he be able to extend his visit past the 6 months he's allowed by his passport and eTA? Is he allowed to stay in Canada while the application is outland? Would he inform IRCC he has moved to a Canadian address?
You said you are moving to England. There is a big difference between "moving" and visiting for a few weeks. If you go for a few weeks, you don't need to notify IRCC. If you go for a few months, that can be classed as moving and you would need to notify IRCC. You could show all of those things.

If he comes here as a visitor, he can apply to extend his stay. Yes, he would inform IRCC of his address change.
 

akbarz

Star Member
Nov 15, 2019
132
51
You said you are moving to England. There is a big difference between "moving" and visiting for a few weeks. If you go for a few weeks, you don't need to notify IRCC. If you go for a few months, that can be classed as moving and you would need to notify IRCC. You could show all of those things.

If he comes here as a visitor, he can apply to extend his stay. Yes, he would inform IRCC of his address change.
Sorry, I should have been more clear. I want to be with him while we wait to hear back about his PR - it will be 1 year in December since the application was sent it but I am aware that the timeline is not concrete.
If I notify IRCC that I have moved to England and before app is approved or not, I move back would I need to provide proof still?
Are PA allowed to come to Canada while they have an application in process? I am not sure, as I read they can't come in so I have been the one going to visit him. If the PR takes longer than Feb of next year, I would have to come back as I need to start working, apply for registration, etc.
 

canuck_in_uk

VIP Member
May 4, 2012
31,553
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Visa Office......
London
App. Filed.......
06/12
Sorry, I should have been more clear. I want to be with him while we wait to hear back about his PR - it will be 1 year in December since the application was sent it but I am aware that the timeline is not concrete.
If I notify IRCC that I have moved to England and before app is approved or not, I move back would I need to provide proof still?
Are PA allowed to come to Canada while they have an application in process? I am not sure, as I read they can't come in so I have been the one going to visit him. If the PR takes longer than Feb of next year, I would have to come back as I need to start working, apply for registration, etc.
If you are out of Canada for a few months, you need to inform IRCC and should expect a request for proof of intent to return.

It's fine for an applicant to come to Canada mid-process, provided they have a valid eTA/TRV.
 
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su_mmer

Member
Apr 11, 2020
16
0
As mentioned above, in order for you to be able to be allowed to board the plane you would need to provide a marriage certificate. In the UK, nikah is not registered and a legal civil marriage needs to be done. I'm assuming those offices are currently closed?

We decided to forgo getting married in UK because they required a separate civil ceremony and it was just easier to get married in Canada, where Nikah is recognized as long as the person performing it is registered to do so.

My husband was able to board his flight by showing his marriage certificate and answering a few questions, but that did not give special privileges to stay here. If it wasn't for emergency purposes I would have asked him to stay in the UK, as his application is in process. EU citizens and UK holders only need an eTA to enter but there is a limit to how long they can stay. We also have our PR application in process as well. So he will be leaving, he can not just stay here. The entry requirements due to the Covid-19 situation do not change the fact that he has no legal right to stay in Canada past his time according to what passport he holds - this was told to us by the immigration officer.
When did your husband board his flight? And did he board with just the Nikah certificate?
 

Konan1982

Champion Member
Mar 22, 2012
1,327
71
Its a Muslim wedding ceremony. Traditionally followed by a reception of some sort and Rukhsati - which is the bride officially leaving her parents home to go live with husband.
the process is actually less than 12 months based on your signature, right?