I just called a lawyer now and she told me I don’t have any problem and I have to submit my application as spouse not common law partner
And she told me give me any case like you that was rejected from IRCC
Get a better lawyer?
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/bulletins-2015/613-june-11-2015.html
Operational Bulletin 613 – June 11, 2015
Instructions – Excluded relationship – Proxy, telephone, fax, internet or similar marriage forms where one or both parties not physically present
Summary
This Operational Bulletin (OB) provides operational guidance to Citizenship and Immigration Canada (CIC) and the Canada Border Services Agency (CBSA) staff regarding regulatory amendments that make proxy, telephone, fax, internet or similar forms of marriage where one or both parties are not physically present, an excluded relationship, in all temporary and permanent immigration programs.
1. Background
Proxy marriage is defined as a marriage in which one or both of the participants are not physically present and are represented by another person at the solemnization of the marriage. A telephone, fax, or internet marriage is a marriage in which one or both of the participants are not physically present at the same location, but participate at the solemnization of the marriage by telephone, fax, Internet or other means (e.g. Skype or FaceTime). It is possible that someone other than those getting married participates on their behalf as well as over the telephone, by fax, Internet or other means.
Prior to these regulatory amendments, foreign nationals who were not physically present at their wedding ceremony were eligible to immigrate to Canada as spouses as long as their marriage was legally valid in the country in which it took place. This applied to all permanent and temporary immigration programs.
The Government of Canada has made it a priority to address the vulnerability of women in the immigration context and has taken steps to address the issue of forced marriage. The nature of proxy, telephone, fax, Internet and other similar forms of marriage can help to facilitate forced marriages because one or both spouses are not physically present, making it more difficult to determine that they consent to the marriage.
Explicitly identifying a marriage where one or both parties were not physically present as an “excluded relationship” through regulatory amendments to section 5 and subsections 117(9) and 125(1) of the Immigration and Refugee Protection Regulations (IRPR), strengthens the tools to deny all such marriages for immigration purposes, given their possible connection to early and forced marriage.
1.1 New excluded relationship
Regulatory amendments have been made to section 5 and subsections 117(9) and 125(1) of the IRPR, all of which describe the conditions under which a relationship is considered “excluded”.
These regulations will include the following amendments:
- 5. For the purposes of these Regulations, a foreign national shall not be considered
- (c) the spouse of a person if at the time the marriage ceremony was conducted either one of both of the spouses were not physically present unless the person was not physically present at the ceremony as a result of their service as a member of the Canadian Forces and the marriage is valid both under the laws of the jurisdiction where it took place and under Canadian law.
- 117. (9) A foreign national shall not be considered a member of the family class by virtue of their relationship to a sponsor if
- (c.1) the foreign national is the sponsor’s spouse and if at the time the marriage ceremony was conducted either one or both of the spouses were not physically present unless the foreign national was marrying a person who was not physically present at the ceremony as a result of their service as a member of the Canadian Forces and the marriage is valid both under the laws of the jurisdiction where it took place and under Canadian law;
- 125. (1) A foreign national shall not be considered a member of the spouse or common-law partner in Canada class by virtue of their relationship to the sponsor if
- (c.1) the foreign national is the sponsor’s spouse and if at the time the marriage ceremony was conducted either one or both of the spouses were not physically present unless the foreign national was married to a person who was not physically present at the ceremony as a result of their service as a member of the Canadian Forces and the marriage is valid both under the laws of the jurisdiction where it took place and under Canadian law; or
1.2 What it means to be “physically present”
In order for individuals to be considered physically present at a marriage ceremony, both parties (e.g. sponsor and spouse or principal applicant and accompanying spouse) must have participated in a wedding ceremony in person.
