Getting married but wife is absent?

[besboosa]

Hello I am currently engaged from september 15 2013 but I had to come back after my engagement and fiance stayed back home, we were going to get married this summer but as I am from Libya and if you all know
the situation down there is very bad the airport had been closed so I am wondering if I can get married here as her brother is in the same city I currently live and we can read the marriage ceremony while she is absent and currently in Libya so I can the apply for marriage sponsorship, we have photos and everything to prove that we are together however I like to know if I can finalize our marriage so I can get the marriage certificate done in Canada while she isn't here at the moment. If you can please reply as soon as possible that will be greatly appreciated.

The other thing is because of the situation down there, is it possible that I can bring here on some compassionate basis like let them know my wife is in Libya and situation is bad and I can't leave her there. Your response is greatly appreciated

 

[jomz]

unfortunately you cannot get married by proxy in Canada. However if marriage by proxy is legal in Libya, perhaps you can marry there without being present. If proxy marriages are legal in Libya than Canada will recognize it as a legal marriage.

 

[besboosa]

unfortunately you cannot get married by proxy in Canada. However if marriage by proxy is legal in Libya, perhaps you can marry there without being present. If proxy marriages are legal in Libya than Canada will recognize it as a legal marriage.

Alright so it's not possible for me to do it in Canada while she is in absent does it make any difference if her brother is here? Thanks for replying

 

[Avadava]

unfortunately you cannot get married by proxy in Canada. However if marriage by proxy is legal in Libya, perhaps you can marry there without being present. If proxy marriages are legal in Libya than Canada will recognize it as a legal marriage.

This is not true. For the marriage to be valid for CIC, the marriage must be legal both in the country it took place and in Canada. For example, even if some countries allow for a man to have two wives, CIC will recognize only the first wife/marriage, but not the second (since in Canada is illegal).

 

[Rob_TO]

Alright so it's not possible for me to do it in Canada while she is in absent does it make any difference if her brother is here? Thanks for replying

No, it makes no difference.

http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf
5.30. Recognition of a marriage
If a proxy marriage occurs at a foreign mission in Canada (the proxy is given by the foreign
national and the Canadian resident is present at the mission for the ceremony), the marriage must
meet the legal requirements of Canada (federal and provincial) in order to be legally valid. At this
time, no provinces permit proxy marriages; therefore, these marriages are invalid.

is it possible that I can bring here on some compassionate basis like let them know my wife is in Libya and situation is bad and I can't leave her there.

No, and in fact due to the situation there it will be even more difficult to get your wife a TRV to come to Canada, since they will most likely feel she will not return once the TRV expires. You can always try for a TRV, but most likely she will not be able to come to Canada until you get married (in person), apply for her PR outland, and she gets approved.

 

[jomz]

No, it makes no difference.

http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf
5.30. Recognition of a marriage
If a proxy marriage occurs at a foreign mission in Canada (the proxy is given by the foreign
national and the Canadian resident is present at the mission for the ceremony), the marriage must
meet the legal requirements of Canada (federal and provincial) in order to be legally valid. At this
time, no provinces permit proxy marriages; therefore, these marriages are invalid.

from the OP2 Manual

At a proxy marriage one of the participants is not present and has named a proxy to represent him or her. If the law of the
country in which the marriage ceremony was performed permits proxy marriages, they are legal marriages for immigration purposes, provided they are legal under Canadian federal law
.
See definition of “marriage” above and also Section 5.27 above

 

[jomz]

Note that proxy marriages are performed in the US http://www.proxy-marriage.com/ A friend of mine from Canada went to Colorado to marry, while her husband was not present (he could not leave Saudi Arabia). State of Colorado issued their marriage licence and she sponsored her husband to Canada using the US, State of Colorado Marriage licence. There was no issues to sponsor her husband to Canada, in fact he is already here with his PR.

 

[jomz]

This is not true. For the marriage to be valid for CIC, the marriage must be legal both in the country it took place and in Canada. For example, even if some countries allow for a man to have two wives, CIC will recognize only the first wife/marriage, but not the second (since in Canada is illegal).

Unless you are 100% certain it is not allowed please do not post incorrect information. If a proxy marriage takes place in a country that recognizes it as legal (US for example) than this marriage would be recognized in Canada as legal as long as it is also legal under Canadian Federal Laws and a proxy marriage is legal for Canadian immigration purposes.

http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf Look at the manual and search "proxy marriage"

What confuses a lot of people is that proxy marriage is not legal in Canada (meaning it cannot be legally performed in Canada, in any of the provinces), but at the same time Canada recognizes proxy marriages that are legal in the country in which they took place as long as they are legal under Canadian Federal laws.

 

[Rob_TO]

from the OP2 Manual

At a proxy marriage one of the participants is not present and has named a proxy to represent him or her. If the law of the
country in which the marriage ceremony was performed permits proxy marriages, they are legal marriages for immigration purposes, provided they are legal under Canadian federal law
.
See definition of “marriage” above and also Section 5.27 above

Proxy marriages are not legal in Canada. So one can't do a proxy marriage WHILE IN CANADA. Perhaps if he traveled to USA to do proxy marriage, that could be different.

Should also note that a marriage done by proxy, and then sponsoring a spouse from a troubled country, will result in lots of scrutiny from CIC and most likely a very long processing time.

 

[jomz]

Proxy marriages are not legal in Canada. So one can't do a proxy marriage WHILE IN CANADA. Perhaps if he traveled to USA to do proxy marriage, that could be different.

Should also note that a marriage done by proxy, and then sponsoring a spouse from a troubled country, will result in lots of scrutiny from CIC and most likely a very long processing time.

Maybe , but not necessarily true in all cases. My friend's husbands sponsorship was approved in half the processing time posted for AD.

Now the OP would have a problem doing the marriage through the US at this time anyways, as the US embassy in Libya is now closed. And in order to do a marriage by proxy in the US, the absent person (his wife) would have to go to the US embassy to swear 3 separate declarations in front of a US notary and than deliver the originals to the US for processing.

This is somewhat an expensive way to do things, and not necessarily the easiest one. My friend spent $2,000+ (including her flight to Colorado) and the process took 2 months from start to finish.

 

[besboosa]

Unless you are 100% certain it is not allowed please do not post incorrect information. If a proxy marriage takes place in a country that recognizes it as legal (US for example) than this marriage would be recognized in Canada as legal as long as it is also legal under Canadian Federal Laws and a proxy marriage is legal for Canadian immigration purposes.

http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf Look at the manual and search "proxy marriage"

What confuses a lot of people is that proxy marriage is not legal in Canada (meaning it cannot be legally performed in Canada, in any of the provinces), but at the same time Canada recognizes proxy marriages that are legal in the country in which they took place as long as they are legal under Canadian Federal laws.

I never heard of the term proxy marriage so I googled it and from what I read that many people went through these situations and some did there marriage through webcam/telephone while in Canada while the other isn't present in the same country the thing is I don't wanna go through this mess until I know for sure it's gonna be accepted maybe I should just phone CIC I also read that it's not how you get married that matters, it's whether your marriage is genuine.

I know her in person and I have photos and videos with her in person, putting the ring on her finger and her doing the same and feeding her cake so we can prove it is a genuine engagement we talk on a daily basis through IM so that's something else I can prove it by, I also have a good reason because I was booked to leave August 5th to Libya but because of the closure of Airport and the situation I couldn't go so I was going to commence it over there but due to circumstances sounds like such a mess

 

[jomz]

I never heard of the term proxy marriage so I googled it and from what I read that many people went through these situations and some did there marriage through webcam/telephone while in Canada while the other isn't present in the same country the thing is I don't wanna go through this mess until I know for sure it's gonna be accepted maybe I should just phone CIC I also read that it's not how you get married that matters, it's whether your marriage is genuine.

I know her in person and I have photos and videos with her in person, putting the ring on her finger and her doing the same and feeding her cake so we can prove it is a genuine engagement we talk on a daily basis through IM so that's something else I can prove it by, I also have a good reason because I was booked to leave August 5th to Libya but because of the closure of Airport and the situation I couldn't go so I was going to commence it over there but due to circumstances sounds like such a mess

A proxy webcam or phone marriage will not be recognized by Canada, unless you are able to get a marriage certificate of the proxy marriage from Libya. I don't know if proxy marriages are recognized in Libya therefore cannot comment on same. I did some basic research and proxy marriages in Libya are not recognized and are forbidden, therefore you will need to find another country or way to marry. http://countrystudies.us/libya/47.htm

One of the best ways would be for both of you to meet in Tunisia as per marriage laws in that country neither one of you have to be Tunisian nor residents of that country to marry.

Specially designated Notaries at the City Hall Registry Office “Bureau de l’Etat Civil a la Municipalite” perform marriages in Tunisia. Only marriages celebrated before such an official in compliance with Tunisian Law No. 57 August 1, 1957, as amended are legal. If one or both of the contracting parties are foreigners, Tunisian law requires that the marriage also fulfill the marriage requirements of the foreigner’s country. Neither a fixed period of residence nor publication of bans is required. A religious ceremony may subsequently be performed at the option of the couple.

Marriage may occur between:

Foreign men and foreign women provided each party obtains from their respective embassies the documents required by the Tunisian authorities prior to marriage.

 

[northernlights]

unfortunately you cannot get married by proxy in Canada. However if marriage by proxy is legal in Libya, perhaps you can marry there without being present. If proxy marriages are legal in Libya than Canada will recognize it as a legal marriage.

But the process will be delayed...better somehow you go to Libya...and get married. When you come back dont forget tell the CBSA that you were out of country for marriage...when i landed back...i explained to CBSA at airport...they noted in their records

 

[commonlawsponsor]

You can also go to another country to get married, it doesn't have to be Libya. You could travel to Tunisia or Egypt for example.

 

[Awesomeg]

No, it makes no difference.

http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf
5.30. Recognition of a marriage
If a proxy marriage occurs at a foreign mission in Canada (the proxy is given by the foreign
national and the Canadian resident is present at the mission for the ceremony), the marriage must
meet the legal requirements of Canada (federal and provincial) in order to be legally valid. At this
time, no provinces permit proxy marriages; therefore, these marriages are invalid.

No, and in fact due to the situation there it will be even more difficult to get your wife a TRV to come to Canada, since they will most likely feel she will not return once the TRV expires. You can always try for a TRV, but most likely she will not be able to come to Canada until you get married (in person), apply for her PR outland, and she gets approved.

Looks like things have changed...
a some time ago Immigration Canada would allow marriage by Proxy,
but looks like not anymore......
My friend got married by proxy,
he extended a power of attorney to his brother
in his country since he could not go back due to the imminent danger to his life,
It was allowed,
after that he started to process the Permanent residence of his wife,
she landed six months after the marriage,
But I think that the refugee board was aware of the situation and
at the end of the day....
it may be some exceptions....
but I am not aware of the way to do it.....