Proxy Marriage

[Yellow1989]

I'm in need of your assistance. My application was refused because my marriage occurred through proxy.

My husband is from Lebanon where proxy is accepted. Therefore, my marriage is legally recognized in Lebanon, but not in Canada.

I would rather reapply than appeal the decision, but I'm not sure what steps do I need to take when I go to Lebnanon.

Do I have to get a divorce and remarry the same guy, so we can both be physically present when signing the marriage certificate?

 

[zardoz]

I'm in need of your assistance. My application was refused because my marriage occurred through proxy.

My husband is from Lebanon where proxy is accepted. Therefore, my marriage is legally recognized in Lebanon, but not in Canada.

I would rather reapply than appeal the decision, but I'm not sure what steps do I need to take when I go to Lebnanon.

Do I have to get a divorce and remarry the same guy, so we can both be physically present when signing the marriage certificate?

You have to effectively redo the marriage to Canadian legal standards. Whether you are required to divorce under Lebanese law is something that you will need to find out. As far as Canada is concerned, there is no marriage and therefore no requirement for a divorce.

 

[Rob_TO]

I'm in need of your assistance. My application was refused because my marriage occurred through proxy.

My husband is from Lebanon where proxy is accepted. Therefore, my marriage is legally recognized in Lebanon, but not in Canada.

I would rather reapply than appeal the decision, but I'm not sure what steps do I need to take when I go to Lebnanon.

Do I have to get a divorce and remarry the same guy, so we can both be physically present when signing the marriage certificate?

It's clearly stated with simple searches that IRCC doesn't accept these kinds of marriage for immigration:

http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1081&top=14

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/bulletins-2015/613-june-11-2015.html

An appeal would be useless as your application was correctly refused. An appeal would also be denied. You need to get married and both be physically present for it, then re-apply from scratch again.

 

[mikeymyke]

Just go to Lebanon and do a traditional wedding. Don't forget the honeymoon and all the traditional stuff that goes with the wedding, as we have seen too many people here from Lebanon get interviews and refusals for not doing so.

 

[Yellow1989]

Yea that's what I heard! So will I also have to reissue a new marriage certificate in Lebanon (with the both of us physically there)? Is that even possible?

 

[zardoz]

Yea that's what I heard! So will I also have to reissue a new marriage certificate in Lebanon (with the both of us physically there)? Is that even possible?

If it is not possible, you can overcome this by becoming common law partners instead.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/bulletins-2015/613-june-11-2015.html

3.8 Genuine marriages conducted by proxy, telephone, fax, internet or similar means
The following options exist to mitigate the impact of the new provisions on individuals in genuine marriages conducted by these means:

3.8.1 Processing of common-law partners
If an individual applying under any of the immigration streams is determined by an officer to be in a marriage that was conducted by proxy, telephone, fax, internet or a similar form where one or both parties was not physically present but the individual meets the definition of common-law partner, the officer will continue processing the application with the relationship status category as common-law partner in lieu of spouse. The officer can assess whether the applicant meets the definition of common-law partner by requesting that the applicant submit an IMM 5409 (Statutory Declaration of Common-Law Union) and other relevant documentation to support the existence of a common-law relationship.

 

[nyc2018]

Yea that's what I heard! So will I also have to reissue a new marriage certificate in Lebanon (with the both of us physically there)? Is that even possible?

You can always go to a different country and get married, re do the certificate. that is a way too

 

[zardoz]

Yea that's what I heard! So will I also have to reissue a new marriage certificate in Lebanon (with the both of us physically there)? Is that even possible?

Maybe contact these people? http://mattarlaw.com/marriage-in-lebanon/

 

[zeinaCanada]

Hi Yellow

I am from lebanon too

I don’t know if you did a kateb kteb ?!? If yes you can go back to lebanon and redo it again, I think This should be enough, you can call immigration canada to be sure

We have a thread for beirut here where you can join us

https://www.canadavisa.com/canada-immigration-discussion-board/threads/2017-beirut-outland-family-sponsorship.536424/page-20

Good luck

 

[RainaRJ]

Hi, my friend did proxy marriage in December 2016 while he was in Canada and his wife was in Bangladesh. The registration and ceremony took place in Bangladesh where proxy marriage is legal. He applied for his wife in September, 2017. In February, 2018 his wife got medical request n it was done and sent by end of February, 2018. In May, 2018 CIS ask for some additional paper such as proof that proxy marriage is legal in Bangladesh, my friend’s previous divorce copy etc. They sent all these documents by end of May. After that they didn’t hear anything from CIS. Does anyone have any idea what will be the next step? As CIS asked for medical, does it mean they accept the proxy marriage? Is there any chance of rejection?
Thanks
Raina

 

[scylla]

Hi, my friend did proxy marriage in December 2016 while he was in Canada and his wife was in Bangladesh. The registration and ceremony took place in Bangladesh where proxy marriage is legal. He applied for his wife in September, 2017. In February, 2018 his wife got medical request n it was done and sent by end of February, 2018. In May, 2018 CIS ask for some additional paper such as proof that proxy marriage is legal in Bangladesh, my friend’s previous divorce copy etc. They sent all these documents by end of May. After that they didn’t hear anything from CIS. Does anyone have any idea what will be the next step? As CIS asked for medical, does it mean they accept the proxy marriage? Is there any chance of rejection?
Thanks
Raina

He should be expecting a refusal.

 

[zardoz]

Hi, my friend did proxy marriage in December 2016 while he was in Canada and his wife was in Bangladesh. The registration and ceremony took place in Bangladesh where proxy marriage is legal. He applied for his wife in September, 2017. In February, 2018 his wife got medical request n it was done and sent by end of February, 2018. In May, 2018 CIS ask for some additional paper such as proof that proxy marriage is legal in Bangladesh, my friend’s previous divorce copy etc. They sent all these documents by end of May. After that they didn’t hear anything from CIS. Does anyone have any idea what will be the next step? As CIS asked for medical, does it mean they accept the proxy marriage? Is there any chance of rejection?
Thanks
Raina

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/non-economic-classes/family-class-determining-spouse/legality.html

Marriage where one or both parties are not physically present (e.g. proxy, telephone, fax, Internet)
Proxy, telephone, fax, Internet or similar forms of marriage where one or both parties are not physically present are excluded relationships in all temporary and permanent immigration programs [R5, R117(9)(c.1), or R125(1)(c.1)].

Proxy marriage is defined as a marriage in which one or both of the participants are not physically present, but they are represented by another person who attends the solemnization. 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 in the solemnization of the marriage by telephone, fax, Internet or other means (e.g. Skype or FaceTime). It is possible that someone other than the persons getting married participates on their behalf as well as over the telephone, by fax, Internet or other means.

Applications received by IRCC before June 11, 2015, from persons married by proxy, telephone, fax or Internet are not subject to this exclusion.

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.

Note: Couples who have been married by proxy who have been living together may have their relationship assessed to determine if it meets the requirements of a common-law relationship.

 

[canvis2006]

Go do the ceremonies/reception etc and send evidence of that ASAP to CIC or to the appeal procedure

 

[RainaRJ]

If CIC wants to refuse the case then why did they ask for medical? Also why did they ask for additional documents? they didn’t mention they don’t accept proxy marriage. Usually if CIC wants to refuse the immigration they could refuse it in the beginning, isn’t it? Medical is the last step usually for sponsorship case. Does anyone know CIC accept any proxy marriage, recently?
Another thing is my friend had 3 months relationship before their marriage so they don’t meet the requirements for common law partner.

 

[singleman]

They are right , you got to go by Canadian Laws , not by the Laws of country of Origin , regards