Getting Married in Canada on a Tourist Visa

[free_verse]

Greetings! I have a fiancé based in Canada; he is a Filipino with Canadian Citizenship. We’re already planning to get married and we’re seeking advices on the best way to facilitate my immigration so we can be together real soon.

We're contemplating on the idea of me applying for a tourist visa to Canada so we can have our civil wedding there and after a month's stay I'm already going back to the Philippines. We understand that he can already file for a spousal sponsorship a month after our wedding or as soon as he gets hold of all the necessary documents. With this, we're hoping that we can already be together and start building our family after 6-9 months of processing.

We're also simultaneously planning for our church wedding here in the Philippines sometime next year and we're hoping that my visa will be granted by then so we can head back to Canada together after our church wedding. However, I have some serious concerns regarding the viability of our plans. 1) assuming I would be given a tourist visa and we got married there, what would be its implications to our application for spousal sponsorship? 2) Is there a possibility that the embassy would turn down or deny our application because we got married there with me on a tourist visa? 3) Are we giving negative impressions (e.g, arranged marriage, marriage out of convenience,or just to have a better chance of migrating to Canada) to the visa officers by getting married in Canada while I'm on vacation there? 4) Would they doubt the genuineness of our relationship?

Currently we only have our "e-mails, e-cards, phone cards, text messages, phone call history on yahoomessenger, pictures, gifts, testimonies from our families and friends, wedding invitations, reservations and other arrangements for our church wedding next year and if ever our photos during
our civil wedding and our marriage certificate" to prove the authenticity of our relationship; would these evidences be enough for them to believe the authenticity of our relationship and grant our application
for spousal sponsorship?

Though we have much desire to start building our family, I believe that our future together is very much at stake here so we really want to be sure with our course of actions. Hope you'll be able to shed light to our concerns. Thank you & God bless.

 

[RobsLuv]

There is no reason to worry that your marriage in Canada, whilst here on a TRV, would be scrutinized more closely than a marriage between you that happens in the Philippines. All couples applying to immigrate to Canada via the spousal/common-law class are carefully scrutinized for a "genuine relationship". CIC is not going to automatically assume a marriage of convenience, etc., just because you marry in Canada during vacation here - they're going to assume a marriage of convenience anyway, until they look at your case and determine otherwise. It's just how it works.

As far as getting a TRV, though - you're going to have to have a pretty good reason for wanting to visit, and strong evidence of your plans to return. If you let slip that you have a fiance in Canada, or plans to marry, they will refuse your TRV - not because there's anything wrong with you getting married here, just because you will be unable to convince them of your sincere intention to leave Canada (after having married a Canadian) when your authorization to stay ends.

You have good proof of your genuine relationship - mentioned in your 4th paragraph. Remember, what you have to demonstrate is that the marriage was not entered into primarily to facilitate the entry of the foreign national to Canada. If you have been in a relationship for a long time, and you can show that you correspond regularily, and that you attempt to visit one another as often as possible, that will go a long way towards proving you are a "real" couple.

The one thing I wanted to be sure to mention - you don't have to be married for a month before you can submit an application for him to sponsor you . . . you can prepare the application, gather your proof, get your medical done and obtain your criminal clearances all before your wedding, and then file the application (with proof of your legal marriage) the very next day if you're ready. If you file an outland application, processed through Manila, you can expect to have it finalized within 5-7 months.

If you manage to get to Canada on a TRV, you will hear that you have the option to file an "inland" PR application - but you must get it filed BEFORE the date you have to go back to the Philippines AND you'll need to include, with the PR ap, an application to protect and extend your stay and change your conditions to an Open Work Permit. That would allow you to stay in Canada with your new husband, HOWEVER there are some serious drawbacks to an inland application. First, it takes much longer to finalize - a total of 12-18 months - although you would get your work permit in about 6-7 months. During the entire processing time you will be advised NOT to leave Canada - if you leave and you cannot get another TRV to come back (which is highly likely to be the case) your inland application is forfeited. So your plans to have a wedding in the Philippines would have to be postponed for a couple of years. In addition, there is no appeal process for an inland ap. If you were denied, you'd have to leave Canada and start over again with an outland application when you resolved the reason for the refusal.

So, if you are planning to return to the Philippines to plan a wedding, be sure you file an outland application. Chances are by the time you put your affairs in order and have your ceremony, you'll have your PR approval and you can come back to Canada with your husband.

 

[djredeyes]

hi,
have a very similar situation, may i know if your plans went through? thanks n God bless.

my email: edwin_reyes@shaw.ca

 

[MNCD]

Hi!
I am going to get marry with Canadian citizenship. I know him for a few years. I have Israel citizenship and and now i am here in BC, Canada. what kind of documents is required and how to start this processing.
My travel visa valid till February.
Thanks for reply

 

[Empenguin]

No problems with doing it that way. My fiance came here on a TRV and we got married at City Hall within a month. The only difference is that she stayed here in Canada and we had to renew her visa twice before our application was approved.

Look at it this way. Either you go to Canada on a tourist visa and get married there, or he goes to Philippines on a tourist visa and gets married there, or you both go to a third country on tourist visas and get married there. Either way, someone's going to be on a tourist visa.

Just make sure you don't tell the IO when you come into Canada that you're coming to get married. It'll just cause unnecessary trouble.

 

[nyssa]

Don't you have to wait for the marriage certificate to come in before filing? We're getting married next month, and figure it takes 8-12 weeks for your marriage to be registered, and then 15 days (if you request your certificate online!) so I'll be going back up to Canada in February to file with my husband!

 

[leslieteh09]

hi free_verse,

just wondering whats the status of your application..thanks

 

[sbwv09]

Don't you have to wait for the marriage certificate to come in before filing? We're getting married next month, and figure it takes 8-12 weeks for your marriage to be registered, and then 15 days (if you request your certificate online!) so I'll be going back up to Canada in February to file with my husband!

I got married in Ontario. I requested my certificate a few days after the wedding, even though they said to wait those 10 weeks or so. I got the certificate in less than 3 weeks. If you request it right after the wedding, they will send it to you as soon as it is registered, which tends to be much sooner than what they say.

 

[Siouxie]

I sent in the certificate given to us by the wedding officiant.. you can always send in the registered marriage certificate later.

 

[Lana]

I want to share with you my own situation. I've met my husband a couple years ago. We were the colleagues. After few months he has left country and moved to Canada. We kept communication through skype all this time. Last year he invited me as a friend of him to visit Canada (visitor visa). I came and decided to stay because I don't want to lose him. We've got married in Ontario and after we've received marriage license we sent our papers (sponsorship of spouse within Canada) to Vagreville. It was done while my visitor visa was valid. The explanation of it see below:

On February 18, 2005, the Minister announced a new public policy under which legal immigration status is no longer a requirement for spouses and common-law partners of Canadian citizens and permanent residents in Canada, who wish to apply for permanent resident status provided that they have an eligible sponsor. However, all other eligibility requirements continue to apply.
In addition, to be able to continue to work and study in Canada, an application for extension must be received by CIC before the work or study permit has expired. Ensure that you mail the completed application, required documentation and fees for an extension to CIC well before the expiry date shown on your work or study permit. Visitors should also apply to extend their visitor status before the expiry of this status.

So now we're waiting for feedback.
Good luck!

 

[Siouxie]

According to the bulletin, whilst it is no longer a requirement to be in status whilst waiting for an inland spousal application to be processed, it is advised to retain valid status.

http://www.cic.gc.ca/english/resources/manuals/ip/ip08-eng.pdf section

5.27. Legal temporary resident status in Canada

Under the current Regulations, applicants in this spouse or common-law partner in Canada class must have a valid temporary resident status on the date of application and on the date they receive permanent resident status to be eligible to be members of the class.

However, under the spousal policy, applicants who lack status as defined under the public policy (see “What is lack of status under the public policy” below) may be granted permanent residence so long as they meet all the other requirements of the class (i.e., they are not inadmissible for reasons other than “lack of status.”)
However, applicants who do not have temporary resident status and who cannot be granted positive consideration under the public policy can be removed at any time. Further, the spousal policy does not change the requirement to seek necessary authorization to visit Canada or to work or study here.

 

[Lana]

Siouxie,

Thanks for your information! At the beginning I thought that I had to apply for TRP but after I read twice I understood that I did everything right because I sent papers in Vegreville while my visitor visa was valid.

 

[Grade 08]

hi guys.

a bit of similarity with free verse but the difference is that i hold a workers visa. i would just like to know your views about this: what if my partner who is in PHilippines right now, applies for a tourist visa. and plans to marry me (i hold a workers visa), and return to philippines after a month. what do you think is the best reason for her to visit me here? should she or shouldnt inform the VO during her interview that im in Canada and that she plans to marry here? i know that citizenship isnt an issue in here, we can marry even if we are not a permanent resident or citizens here. but since we are in a same sex relationship, its a bit different. or should she wait for me to be a PR before coming in here to marry me. though i think this one will be more difficult for her to apply since there is already a reason for her to stay with me once she is here. please do advise me on this: my partner's reason for the visit here. and what should we do, should she apply now for visitors visa while im still hold a work permit or wait for me to get PR and sponsor her. thank you very much. i need all the help i can get.

 

[ksdledesma]

hi. i have somewhat the same situation with free verse. my boyfriend is a permanent resident in canada who was sponsored by his brother. he has been staying there since june 2011. if i go to canda via a tourist visa and we get married there, will it affect his permanent residency negatively? we have been together since february of 2011 and we also have the same proof as what free verse has mentioned. Thank you in advance for the help

 

[dmcmullen]

Hi all I have been reading some of your advice on the subject getting married on tourist visa. My girlfriend lives in China myself in Canada I have been to visit her and she is now applying for a tourist visa. She has done a fair amount of travelling and when applying for her visa the IO will not know about me she will be coming to canada for sightseeing so I am confident she will get her visa.
Our plans are to spend my vacation time together and get married during her stay. If we hide the fact she is really coming to see me and get married and we prepare in advance things such as her medical, criminal record and, any other things we need for me to sponsor her Will they not figure out what our intentions were at this time and cause us grief . There has been mention in different replies to this subject that during the sponsorship process you must show proof of your relationship or does this matter if you are already married.
In a nutshell I want to do this as an inland sponsorship knowing that extending a visa is a simple process and we will be together during the sponsorship process. She thinks we should marry during her visit and then return to China and do an outland sponsorship.We are concerned about how long this could take. Were also
worried about pulling the wool over their eyes and then applying to sponsor her only to have them find out we had known one another all along.