Nikkah in Pakistan to legal marriage in Canada

[abidingperson]

Why would he have issues landing with work permit?

I overall have no opinion on this 'nikkah by phone' issue, except to note that it's not going to have any legal force anyway. If it works for them religiously/culturally, by all means. They could get pretend-married by exchange of pipe cleaners for all I care, mind, so perhaps my view on religious stuff doesn't much matter.

As for whether IRCC will find this weird or think nikkah essential - as long as they have other relationship proof and are living together when applying are the main things, mind. (Side note: I'm not sure if it's worth telling IRCC about the 'online nikkah' - no legal significance anyway, and not relying on full religious/traditional).

That said: as I mentioned before, it may be best to have 2-3 months living together to apply. Since he will have work permit, no major rush, and that gives time to document life together and paperwork etc.

We can't live together like this. Consider us a bit conservative religiously lol. But my concern was that obviously if we get married in canada legally, they know nikkah is a part of Muslim marriage ritual. It's the main thing. Won't that be an issue to them that we performed a 'part' online before and now are getting done with the rest?
P.s we will obviously be disclosing it as we can't get nikkah done twice religiously.

 

[canuck78]

We can't live together like this. Consider us a bit conservative religiously lol. But my concern was that obviously if we get married in canada legally, they know nikkah is a part of Muslim marriage ritual. It's the main thing. Won't that be an issue to them that we performed a 'part' online before and now are getting done with the rest?
P.s we will obviously be disclosing it as we can't get nikkah done twice religiously.

The big issue is when you do the Nikkah in relation to coming to Canada and landing. The whole situation is also very unusual and may seem unusual to IRCC. Most arriving from Pakistan would not be able to start living with a partner without the Nikkah so IRCC may ask about it if not declared. If you plan to get married and you are both in Pakistan why don’t you get married in Pakistan surrounded by I assume family and add your spouse to your PR application? That would be the most logical thing to do. If you do the Nikkah while in Pakistan that would be proof that you were both married before arriving in Canada. If done online while one of you is in Canada that may be the loophole but this gets complicated if asked about a Nikkah during processing. Would consult a Canadian immigration lawyer familiar with Islamic marriage and even better if Islamic marriage within Pakistan for advice about your situation for more clarity.

 

[armoured]

We can't live together like this. Consider us a bit conservative religiously lol. But my concern was that obviously if we get married in canada legally, they know nikkah is a part of Muslim marriage ritual. It's the main thing. Won't that be an issue to them that we performed a 'part' online before and now are getting done with the rest?
P.s we will obviously be disclosing it as we can't get nikkah done twice religiously.

I'm afraid I don't know your situation well in terms of having it both ways. If it's that important, then there's an argument you should not fiddle about with it and 'pick a lane.'

I don't personally see an issue with the nikkah being performed online after your arrival in Canada, as it won't be recognized by IRCC, and if you're not legally married, you can do a court marriage in Canada. (And in my opinion, even if one wanted to argue that the nikkah means the spouse arriving on work visa is married, that does not automaticallly mean it's some material change that needs to be communicated to CBSA - although I'm not sure. Esp if the marriage is to someone who is already a PR).

This hinges - partly - upon the religious marriage (nikkah alone) NOT being recognized in Pakistan either.

This split of religious / legal marriages exists in a lot of countries (most European civil-code), including Canada (although they're typically done together here, they're technically distinct and the officiant conducts the legal marriage only as an authorized agent of govt).

But I can't say the Pakistani/Islamic marriage laws as implemented in Pakistan 'map' so easily. Hence why I'm not going to express certainty on this. I can say what I'd be comfortable with, but situation doesn't apply to me.

One question I would ask of a lawyer if I was concerned: is an individual arriving on a work visa, originally applied as single, obliged to inform CBSA of getting married in the interim? (The paperwork on the work visa might say).

Good luck.

 

[armoured]

I got a fiance in Pakistan. Got my COPR and will be landing soon in Canada IA.

To clarify timelines: how soon are you expecting to land in Canada? Weeks? Months?

 

[canuck78]

I'm afraid I don't know your situation well in terms of having it both ways. If it's that important, then there's an argument you should not fiddle about with it and 'pick a lane.'

I don't personally see an issue with the nikkah being performed online after your arrival in Canada, as it won't be recognized by IRCC, and if you're not legally married, you can do a court marriage in Canada. (And in my opinion, even if one wanted to argue that the nikkah means the spouse arriving on work visa is married, that does not automaticallly mean it's some material change that needs to be communicated to CBSA - although I'm not sure. Esp if the marriage is to someone who is already a PR).

This hinges - partly - upon the religious marriage (nikkah alone) NOT being recognized in Pakistan either.

This split of religious / legal marriages exists in a lot of countries (most European civil-code), including Canada (although they're typically done together here, they're technically distinct and the officiant conducts the legal marriage only as an authorized agent of govt).

But I can't say the Pakistani/Islamic marriage laws as implemented in Pakistan 'map' so easily. Hence why I'm not going to express certainty on this. I can say what I'd be comfortable with, but situation doesn't apply to me.

One question I would ask of a lawyer if I was concerned: is an individual arriving on a work visa, originally applied as single, obliged to inform CBSA of getting married in the interim? (The paperwork on the work visa might say).

Good luck.

Good point that even if done online if one in Canada and one in Pakistan typically the WP in Pakistan should change their status to married before landing. Also unaware if it would be possible to join a spouse in Canada and do the Nikkah on Canadian soil. I have a feeling that the Nikkah may need to be done before the couple can be alone together and requires the presence of a male relative of the bride but far from an expert.

 

[armoured]

Good point that even if done online if one in Canada and one in Pakistan typically the WP in Pakistan should change their status to married before landing.

I want to be clear and specific about this, because I tried to phrase it as a question: are you saying they 'should' change their status to married in a general sense, or is it required? Does the work permit holder receive correspondence informing them that they must inform IRCC if they get married before they arrive in Canada? I'd be grateful of specifics and certainty, not general 'they really ought to.' Is it a formal condition specified that they inform IRCC of change in marital status? And again - for precision - I mean specifically and ONLY in the case where the WP holder gets married after receiving the work permit (and before arriving in Canada).

I say this as a question because I don't know. And I wonder - if it is a requirement - whether it is a requirement that still applies in any meaningful sense if the spouse of the WP holder is already a citizen or PR of Canada.

These are important distinctions. "Should" in a general sense is not the answer needed to a specific question. (I don't mean this as a criticism - just a distinction that is sometimes missed here).

Also unaware if it would be possible to join a spouse in Canada and do the Nikkah on Canadian soil. I have a feeling that the Nikkah may need to be done before the couple can be alone together and requires the presence of a male relative of the bride but far from an expert.

I leave that to the religion-talkers.

 

[canuck78]

I want to be clear and specific about this, because I tried to phrase it as a question: are you saying they 'should' change their status to married in a general sense, or is it required? Does the work permit holder receive correspondence informing them that they must inform IRCC if they get married before they arrive in Canada? I'd be grateful of specifics and certainty, not general 'they really ought to.' Is it a formal condition specified that they inform IRCC of change in marital status? And again - for precision - I mean specifically and ONLY in the case where the WP holder gets married after receiving the work permit (and before arriving in Canada).

I say this as a question because I don't know. And I wonder - if it is a requirement - whether it is a requirement that still applies in any meaningful sense if the spouse of the WP holder is already a citizen or PR of Canada.

These are important distinctions. "Should" in a general sense is not the answer needed to a specific question. (I don't mean this as a criticism - just a distinction that is sometimes missed here).



I leave that to the religion-talkers.

Yes you would need to update your relationship status if it changes before landing in Canada on the WP. This is especially important given the goal of spousal sponsorship. If the WP holder was applying for PR on their own and qualified to apply for PR on their own it is unclear how IRCC would address the misrepresentation if they landed on the WP without updating their marital status.

 

[armoured]

Yes you would need to update your relationship status if it changes before landing in Canada on the WP.

This is not answering my question. Specifically, where does it say this is required? For someone who already has a WP visa and has not yet arrived in Canada. 'You would need' is not the answer.

This is especially important given the goal of spousal sponsorship. If the WP holder was applying for PR on their own and qualified to apply for PR on their own it is unclear how IRCC would address the misrepresentation if they landed on the WP without updating their marital status.

1) If there is no written, specific requirement to update, then there is no misrepresentation - see my question above. Specifically, please. If you are not asked a question / required to update civil status in instructions, it is not a requirement. (It is not at all obvious that this is required, because the spouse of a WP holder does not receive automatic status - as far as I'm aware).

2) In case of the WP holder applying on own, the PR-spouse does not need to be included in the WP's application to become a PR (other than for information). The PR-spouse is NOT eligible to become a PR.

3) Likewise, if they choose to go the spousal sponsorship route, the sponsor has not misrepresented, nor has the WP holder unless there is a specific requirement to disclose.

This is why I wrote above: 'should' is not the information that is relevant. 'Would need' is not the information. Anything that is your opinion is not relevant. Only the specific response of whether this is a requirement in writing. Since this is not sufficiently clear: I now want only the actual text, on official documents, or an answer from someone who has arrived on such a WP.