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Foreign same-sex marriage

rmnlk

Newbie
Jan 10, 2017
7
1
AOR Received.
30-04-2017
Hello everyone,

I am creating an EE profile and I am confused by the question about my marital status.

We are a same-sex couple. We have danish marriage certificates (tourist wedding are allowed there), but our country does not recognize same-sex marriages. Can I choose "Married" when creating an Express Entry profile?

Well, I have done some googling, and it seems that our marriage does comply with the Canadian federal laws and it is legal under the laws of the country where it took place (Denmark), but is illegal in our country of origin. What should we do?
 

kryt0n

VIP Member
Sep 30, 2014
5,422
274
NOC Code......
2172
AOR Received.
16-03-2017
Passport Req..
11-07-2017
If you are considered married in your country of citizenship, select married. Canada recognises same sex
 

vensak

VIP Member
Jul 14, 2016
3,868
1,017
124
Category........
Visa Office......
Vienna
NOC Code......
1225
Job Offer........
Pre-Assessed..
rmnlk said:
Hello everyone,

I am creating an EE profile and I am confused by the question about my marital status.

We are a same-sex couple. We have danish marriage certificates (tourist wedding are allowed there), but our country does not recognize same-sex marriages. Can I choose "Married" when creating an Express Entry profile?

Well, I have done some googling, and it seems that our marriage does comply with the Canadian federal laws and it is legal under the laws of the country where it took place (Denmark), but is illegal in our country of origin. What should we do?

You can even try choose as married, but then you need to explain that your status in your country is still consideres as single and why is it so.
 

rmnlk

Newbie
Jan 10, 2017
7
1
AOR Received.
30-04-2017
Thanks for replies.

Perhaps I need to repeat:
- Our marriage took place in Denmark
- Our marriage is not recognised in our country of origin/residence

The marriage certificate was apostilled, but Canada didn't sign the apostille convention, so it doesn't matter. However, marriage certificates from many other countries do not need to be recognised by some other canadian bodies. So maybe a danish marriage certificate should be enough for them to proof marriage?

I would fo for common-law partnership, but technically it isn't true... And it will be extremely hard to prove our relationships, because we've been hiding all the evidence that we are together... So no shared bills, no shared addresses on any letters, no shared bank accounts (in my country, it is not possible even for regular couples). And it's a lot easier to just go with a marriage certificate...
Maybe they have some sort of a hotline or an email address?
 

scylla

VIP Member
Jun 8, 2010
95,938
22,177
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Apply as married. Your marriage was legal in the country where it was performed.
 

mgnlky

Champion Member
Jan 22, 2016
1,558
277
Vancouver
Category........
FSW
Visa Office......
Ottawa
NOC Code......
1122
Pre-Assessed..
Yes
App. Filed.......
22-12-2016
AOR Received.
22-12-2016
Med's Done....
04-11-2016
Passport Req..
22-3-2017
LANDED..........
04-09-2017
Can I ask what country you reside in? As stated above, Canada does recognize same sex marriages. They also realize not every country allows it (the United States didn't until 2015). If you have a legal marriage certificate, I would say choose married and provide a letter explaining the situation.
 

rmnlk

Newbie
Jan 10, 2017
7
1
AOR Received.
30-04-2017
mgnlky said:
Can I ask what country you reside in? As stated above, Canada does recognize same sex marriages. They also realize not every country allows it (the United States didn't until 2015). If you have a legal marriage certificate, I would say choose married and provide a letter explaining the situation.
I reside in Russia. But does "legal under Canadian law" mean that I need to certify or notarize my marriage certificate in the ministry of Canada? This one confuses me.
 

mgnlky

Champion Member
Jan 22, 2016
1,558
277
Vancouver
Category........
FSW
Visa Office......
Ottawa
NOC Code......
1122
Pre-Assessed..
Yes
App. Filed.......
22-12-2016
AOR Received.
22-12-2016
Med's Done....
04-11-2016
Passport Req..
22-3-2017
LANDED..........
04-09-2017
rmnlk said:
I reside in Russia. But does "legal under Canadian law" mean that I need to certify or notarize my marriage certificate in the ministry of Canada? This one confuses me.
Legal under Canadian law means just that: would it be legal in Canada? Since same sex marriagenis legal in Canada, you have no worries. (Again, just add a letter explaining this when submitting the PR application.)
 

figaro2

Hero Member
Jan 12, 2016
300
76
Argentina
Category........
PNP
Visa Office......
Mexico
NOC Code......
0
App. Filed.......
25-01-2016
Doc's Request.
15-01-2017
Nomination.....
08-02-2017
AOR Received.
28-03-2017
Med's Done....
20-07-2017
Passport Req..
3 nov 2017
LANDED..........
31 01 2018
Hello
Is your certificate of marriage in English? I think the important thing is to send the document that justifies if you are married or not. IF ut s illegal in russia, then it justifies that you are parteners. A lot of people get married outside their country. :)
 

PurpleTuzi

Star Member
May 26, 2016
79
2
Visa Office......
Hong Kong
NOC Code......
4166
Job Offer........
Pre-Assessed..
AOR Received.
28-11-2016
IELTS Request
n/a
File Transfer...
n/a
Med's Request
n/a
Med's Done....
11-17-2016
Interview........
n/a
Passport Req..
10-01-2017
VISA ISSUED...
19-01-2017
LANDED..........
10-03-2017
mgnlky said:
Can I ask what country you reside in? As stated above, Canada does recognize same sex marriages. They also realize not every country allows it (the United States didn't until 2015). If you have a legal marriage certificate, I would say choose married and provide a letter explaining the situation.
[/quote

I agree with going this route as well. I think if you write an LOE they will understand. If you're still not sure, you may hire an immigration consultant.
 

agnes0910

Star Member
Nov 11, 2015
56
0
UAE
Category........
FAM
App. Filed.......
03-08-2021
Thanks for replies.

Perhaps I need to repeat:
- Our marriage took place in Denmark
- Our marriage is not recognised in our country of origin/residence

The marriage certificate was apostilled, but Canada didn't sign the apostille convention, so it doesn't matter. However, marriage certificates from many other countries do not need to be recognised by some other canadian bodies. So maybe a danish marriage certificate should be enough for them to proof marriage?

I would fo for common-law partnership, but technically it isn't true... And it will be extremely hard to prove our relationships, because we've been hiding all the evidence that we are together... So no shared bills, no shared addresses on any letters, no shared bank accounts (in my country, it is not possible even for regular couples). And it's a lot easier to just go with a marriage certificate...
Maybe they have some sort of a hotline or an email address?
Hi, did you just submit the danish marriage certificate without having it apostilled?