Marital Status

[indianguyyy]

Guys,

I need your help to know about my Marital Status and what to do next. I have a complicated situation here.

I got married in April, 2014 with the Colombian girl. It was a kind of proxy marriage and I was not present in that country that time. But I have provided power of attorney to my wife to take decision on our marriage documents to get marry there. So, Legally I am married and I went to family court to know about this, they said I am married.

But me and my wife were not talking to each other for more than a year. I don't have her contact and where does she live.
So can I write down -Legally Seperated ? Do I need a proof to say Immigration that I m legally Seperated ?

Another thing, I don't have any document [ marriage certificate ] to show them I am married but I was writing down married whenever I applied work permits to CIC since I got married. How can I write down I am legally separated. What kind of proof do I need to show them.


I am going to apply for divorce but the time period I have in my hands is not that much[ 6months left and my work permit will finish which is post grad work permit]

To file the divorce in Ontario, I need marriage certificate which my wife will not send my- I sent her an email but the reply comes I will see If i find a lawyer here then you can contact him. this kind of replies. So i won't get from my wife. Another thing I will go to Colombian embassy to find out how can I get the marriage certificate so based on that I can apply my divorce.

Please anyone who can suggest on this issue to me, It will greatly help me to finish this situation.


thanks a lot

 

[canuck_in_uk]

I got married in April, 2014 with the Colombian girl. It was a kind of proxy marriage and I was not present in that country that time. But I have provided power of attorney to my wife to take decision on our marriage documents to get marry there. So, Legally I am married and I went to family court to know about this, they said I am married.

But me and my wife were not talking to each other for more than a year. I don't have her contact and where does she live.
So can I write down -Legally Seperated ? Do I need a proof to say Immigration that I m legally Seperated ?

Your proxy marriage is not legally recognized by IRCC, so for the purposes of any application, you are not actually married. Include a letter of explanation.

http://www.cic.gc.ca/english/resources/manuals/bulletins/2015/ob613.asp

 

[PMM]

Hi

Your proxy marriage is not legally recognized by IRCC, so for the purposes of any application, you are not actually married. Include a letter of explanation.

http://www.cic.gc.ca/english/resources/manuals/bulletins/2015/ob613.asp

1. Actually not quite right.

From CIC:

No. We don’t recognize these types of marriages. If one or both parties are not physically present at the ceremony, we won’t recognize the marriage.

You may be exempt from this rule if:

Your application was received before June 10, 2015, or
You are a member of the Canadian Armed Forces. The marriage may be recognized if:
You could not be physically present at your marriage ceremony, because of travel restrictions related to your service,
the marriage took place outside of Canada, and
It was registered in a country where marriage by proxy is legal.

If Columbia allows proxy marriages, then the OP is married.

 

[canuck_in_uk]

1. Actually not quite right.

From CIC:

No. We don’t recognize these types of marriages. If one or both parties are not physically present at the ceremony, we won’t recognize the marriage.

You may be exempt from this rule if:

Your application was received before June 10, 2015, or
You are a member of the Canadian Armed Forces. The marriage may be recognized if:
You could not be physically present at your marriage ceremony, because of travel restrictions related to your service,
the marriage took place outside of Canada, and
It was registered in a country where marriage by proxy is legal.

If Columbia allows proxy marriages, then the OP is married.

??

As you quoted yourself, that exception only applies if the OP was a serving member of the Canadian Armed Forces unable to marry in person because of their deployment.

Since OP isn't even a PR, it's safe to say he was not serving in the Canadian Armed Forces at the time of the marriage and therefore does not qualify for that exception.

 

[Pippin]

Ok. Here is the OP Manual where you will find information on definitions of marriage pg 37; recognition of marriage pg 24, etc.
You need to seek legal advice. http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf

 

[canuck_in_uk]

Ok. Here is the OP Manual where you will find information on definitions of marriage pg 37; recognition of marriage pg 24, etc.
You need to seek legal advice. http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf

And here is the much more recent and much more in-depth Operational Bulletin regarding proxy marriage http://www.cic.gc.ca/english/resources/manuals/bulletins/2015/ob613.asp.

There are two exceptions for a proxy marriage to be recognized: either the app was submitted before June 10th, 2015 or one of the people married was serving in the Canadian Armed Forces at the time. OP does not meet either of those exceptions, so his proxy marriage will not be legally recognized by IRCC.

The information is pretty clear, so I really don't see any need for OP to seek legal advice.

 

[indianguyyy]

thanks guys for replying me. But I went to family court to know whether I am married or not ? The legad aid said yes you are married but he didn't know how immigration and citizenship department.
If you read bulletin about proxy marriage it seems that my marriage is not valid.

But i talked to the lawyer in Colombia and I am asking her to file divorce for me which will take some time.

I have only 3 days left to apply for PNP where I also wrote down that I am married. But they are asking copy of all your dependent passport pages, which I don't have it.
I didn't submit the PNP yet because I am thinking what should I write down in my status.

Or Write down married and make one letter to state my situation that I got married but according to this bulletin I am not married. Moreover I am applying for Divorce which will take some time. but as soon I get the divorce certificate I will update you.

please share your knowledge and help me on this matter. thanks

 

[kryt0n]

I'm sorry for your troubles, but I have to ask, why did you marry someone by proxy at all?

 

[indianguyyy]

I got married by proxy because i was studying that time and it was hard to go for me again. Second, I signed power of attorney for her to make document or submit the file for marriage which is legal in that country. Unfortunately, things didn't work out for us and we got separate.

 

[canuck_in_uk]

thanks guys for replying me. But I went to family court to know whether I am married or not ? The legad aid said yes you are married but he didn't know how immigration and citizenship department.
If you read bulletin about proxy marriage it seems that my marriage is not valid.

I have only 3 days left to apply for PNP where I also wrote down that I am married. But they are asking copy of all your dependent passport pages, which I don't have it.
I didn't submit the PNP yet because I am thinking what should I write down in my status.

Or Write down married and make one letter to state my situation that I got married but according to this bulletin I am not married.

Family Court has nothing to do with whether IRCC recognizes your marriage.

Put single for your status and include a letter of explanation regarding the proxy marriage.

 

[indianguyyy]

thanks for the reply
What I think I should write down my status - SINGLE and a letter of explanation
why I wrote down single and previously I was writing down married when I applied my work permits.

I would tell them, When I got to know about IRRC new rule for proxy marraiges that they are not valid anymore. Based on mentioned bulletin
[ I will attach the link for the bulletin ]
I considered myself not applicable for married status.

Moreover, I and my wife [ Legally Married through Notary 44 in Colombia] on April 26th, 2014 through power of attorney and I was not present at the ceremony. In addition to this, we are not in contact for more than a year and I am filing a divorce with the help of lawyer in Colombia. Once I get that certificate, I will inform you again. At this moment, I am writing down single because I cannot get the copy of her passport all pages.

if any further information required, please let me know. I can be contacted through email ------------------- and phone number.

 

[indianguyyy]

Just to ley you guys what i wrote down afte consulting with top immigration lawyers here in toronto .
I should write down married and letter of explanation why i cant provide her documents.
when i get the results, i ll let u know guys. but my application is complete and accepted by ontario gov.

thanks

 

[goodname]

Hi indianguyyy,

Thanks for your last message. I have similar situation. My wife is back home and not likely to co-operate. I need to start the divorce process.

Did you apply via Express Entry?

But in e-APR the problem is that, if you put "married" then you have to tell them lots of information of wife (including information of her relatives) as well as her contact number, her travel document's numbers in order to get your application complete....
Also, i heard, the e_APR will need her PCC as well as medical exam in order to get your application complete?

did you not need all this information and documents to make your application complete?

Can you please let me know your lawyer contact number?


Thanks

 

[indianguyyy]

I hope I am not that late to answer your question. But what you should do; If your wife is not willing to come here and live a life with you. Please make a decision before its too late for you.

In case of not co-operation best option for you would be to find out the way to get divorce in the same country where you got married thats the fastest way. But I am not sure your wife will sign the divorce without any issues.

Otherwise you can file the divorce here as well but it can take some time.

 

[navi9]

hi if any one could help me, my situation is my wife came on spouse open work permit few weeks later she decided not to stay and go back home, she now wants divorce. now can i go apply as a single applicant?. what if i marry some later on will she gets spouse open work permit, if im still on work permit or do i need to inform cic and cancel my first spouse open work permit once she leaves country?