NAIROBI CHC: I NEED PEOPLE WHO CAN CRACK THIS ROCKET SCIENCE CASE.

[Rob_TO]

Agreed. Canada recognizes proxy marriages as long as the proxy marriage is recognized in the country where it was performed.

Are you sure?

http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf
5.30. Recognition of a marriage
A marriage, which took place abroad, must be valid both under the laws of the jurisdiction where it took place and under Canadian federal law.
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.

 

[Naomi39]

Are you sure?

http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf
5.30. Recognition of a marriage
A marriage, which took place abroad, must be valid both under the laws of the jurisdiction where it took place and under Canadian federal law.
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.

Hi Rob_To, nice to see you writing back. One of the lawyer my husband talked with showed this quote too. The lawyer wrote a letter to CIC Nairobi saying that although Canada tends to accept those type of marriages for immigrants, it is not permit to perform these proxy marriages within Canada.

 

[zardoz]

Are you sure?

http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf
5.30. Recognition of a marriage
A marriage, which took place abroad, must be valid both under the laws of the jurisdiction where it took place and under Canadian federal law.
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.

You missed the condition that leads to the quote. For the second half to be true, the condition of the first part must be met. Was it? I
I have checked the OP's earlier posts and note that the proxy marriage was done in the DRC with the mans brother being the proxy. Therefore the condition is not met and the clause doesn't apply. For this reason, the first marriage possibly IS valid and the second may not be.

 

[Naomi39]

Until now I have not red good explanation of why Ecase has not changed to DM after the file had been reviewed. Please I'd like to hear more about: A) September 18,2013 B) October 30,2013, seams like we are turning in circle here.

To refresh one's mind September 18,2013 Nairobi received what they were looking for to proceed with my application since everything were almost done from on side. October 30,2013 was to be the due date to review the case since we received a letter sent on July 31,2013 endorsing 90 days bring forward date.

 

[zardoz]

1) They may well have waited for the bring forward date before even bothering to look at the application again.
2) e-cas is not immediately updated. It can be days or even weeks before it changes.

 

[Naomi39]

1) They may well have waited for the bring forward date before even bothering to look at the application again.
2) e-cas is not immediately updated. It can be days or even weeks before it changes.

Zardoz I will ask you a question. Was my file opened and processed on September 18,2913 after they received my hubby's divorce certificate yes or no?

 

[zardoz]

Only your GCMS notes will show that. Nobody here can possibly know that answer. However, my guess is no.

 

[Naomi39]

Only your GCMS notes will show that. Nobody here can possibly know that answer. However, my guess is no.

Alright was it looked opened and processes on the bring forward date October 30,2013 then?

 

[zardoz]

It will have been looked at. It is impossible to say how much was done.

 

[Naomi39]

It will have been looked at. It is impossible to say how much was done.

Alright we ordered our CAIPS and we are waiting for one month to come. I appreciate our exchange anyway and I respect your views anyways.

 

[soon2b]

Naomi39,

Imagine how good you will feel if approved for PR considering the comments you've received here.

 

[Naomi39]

Naomi39,

Imagine how good you will feel if approved for PR considering the comments you've received here.

Soon2b, I will be grateful to God because I red all kind of comments from good people. There are some who think I am crazy but I will say this, one's has to put himself/herself in my shoes how I fell. Yes Soon2b I will be very happy because I have not heard anything negative from my visa office until now.

 

[canadianwoman]

Soonb2 I appreciate your input. My husband and I were expecting a rejection since October 30,2013 but we were very surprised that Nairobi is still working on my file. We are ready to redo our marriage once they reject but it seems like they are working on my case.

I would really advise you to just get remarried now. It can be a simple civil ceremony. Then send evidence of this remarriage to the visa office to be added to your file, with an explanation. If you wait until you get the rejection letter, you will have to reapply or appeal, both of which will take a long time. If you send the evidence now, that might lead to the visa officer approving the visa.

 

[Naomi39]

I would really advise you to just get remarried now. It can be a simple civil ceremony. Then send evidence of this remarriage to the visa office to be added to your file, with an explanation. If you wait until you get the rejection letter, you will have to reapply or appeal, both of which will take a long time. If you send the evidence now, that might lead to the visa officer approving the visa.

We thought about it but since he is a PR, we heard that they will reject the application if CIC learn that he went out while the application is in full process. My medical will expire tomorrow but the email from CHC of November 1, 2013 noted above did not request new medical since they know the expiry date will be in 6 days.

 

[jomz]

Are you sure?

http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf
5.30. Recognition of a marriage
A marriage, which took place abroad, must be valid both under the laws of the jurisdiction where it took place and under Canadian federal law.
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.

By the way, the quote only applies to marriages inside consulates or embassies "foreign mission in Canada". However if you marry by proxy in lets say the US (some states allow proxy marriages) these marriages are valid in Canada and anywhere else in the world.

This also is from OP 2

"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." These speaks to marriage laws in the country in which the marriage took place."

And the federal regulation that applies is as follows:

The federal Marriage (Prohibited Degrees) Act (S.C. 1990, c. 46) [2] prevents the following persons from getting married:
2. (1) Subject to subsection (2), persons related by consanguinity, affinity or adoption are not prohibited from marrying each other by reason only of their relationship. (2) No person shall marry another person if they are related (a) lineally by consanguinity or adoption; (b) as brother and sister by consanguinity, whether by the whole blood or by the half-blood; or (c) as brother and sister by adoption.

Therefore, if Nairobi recognizes proxy marriages as legal, and the marriage was not between 2 people as listed under the federal regulation the marriage is legal and recognized in Canada.