Registering Indian Marriage in Canada

[blob2here]

I am currently on a study permit and getting married in October in a traditional wedding back in India.
My fiance (Indian citizen) and I were thinking of registering the marriage in Canada after the wedding, when she is here on a visit visa (she already has one).

Afterwards I will be applying for a Spousal Open Work Permit for her. Will it look strange in the SOWP application if we hold a traditional wedding back in India and then register the marriage in Canada?

 

[canuck78]

I am currently on a study permit and getting married in October in a traditional wedding back in India.
My fiance (Indian citizen) and I were thinking of registering the marriage in Canada after the wedding, when she is here on a visit visa (she already has one).

Afterwards I will be applying for a Spousal Open Work Permit for her. Will it look strange in the SOWP application if we hold a traditional wedding back in India and then register the marriage in Canada?

You can’t register the marriage in Canada if you get married in India. If you get married inIndia you should register the marriage there. Would warn you than OWP are not guaranteed for spouses of international students. The chances of approval do seem to increase when pursuing an advanced degree like masters or PhD and when you have a good dating history especially in person. This is to prevent immigration fraud. Many get married to students once they are studying or have a study permit in order to try and get an OWP. Once in Canada and they have an OWP they separate. Canada is trying to prevent this.

 

[armoured]

I am currently on a study permit and getting married in October in a traditional wedding back in India.
My fiance (Indian citizen) and I were thinking of registering the marriage in Canada after the wedding, when she is here on a visit visa (she already has one).

Afterwards I will be applying for a Spousal Open Work Permit for her. Will it look strange in the SOWP application if we hold a traditional wedding back in India and then register the marriage in Canada?

Respectfully, from a Canadian legal perspective your question does not make sense. We don't have 'registration' of an already existing marriage. There is either a marriage, or not.

If the ceremony that you have in India results in a legal marital relationship - a legal marriage - then that is a wedding. If you are legally married when you arrive in Canada, you cannot get married again, nor 'register' your previous marriage.

If your 'wedding' in India does not result in a legal marriage - it's just a ceremony you held, and has no legal meaning without it being considered a legal marriage in India. (In which case, since you're not married, you can get married in Canada)

 

[blob2here]

You can’t register the marriage in Canada if you get married in India. If you get married inIndia you should register the marriage there. Would warn you than OWP are not guaranteed for spouses of international students. The chances of approval do seem to increase when pursuing an advanced degree like masters or PhD and when you have a good dating history especially in person. This is to prevent immigration fraud. Many get married to students once they are studying or have a study permit in order to try and get an OWP. Once in Canada and they have an OWP they separate. Canada is trying to prevent this.

Well, it would be a religious wedding ceremony back in India, which I believe has no legal meaning. Afterwards instead of legally registering it in court in India we were thinking of registering it in Canada.

Thanks for the heads up regarding the OWP. I'm currently pursuing a Masters and on my way to a PhD in Computer Science at UofT. We would have been seeing each other for roughly a year by the time we get married, unfortunately much of that is not in person. Worst case if OWP does not work out she can still visit using her visitor visa and we will be applying for PR through EE within a year or so anyways.

 

[blob2here]

Respectfully, from a Canadian legal perspective your question does not make sense. We don't have 'registration' of an already existing marriage. There is either a marriage, or not.

If the ceremony that you have in India results in a legal marital relationship - a legal marriage - then that is a wedding. If you are legally married when you arrive in Canada, you cannot get married again, nor 'register' your previous marriage.

If your 'wedding' in India does not result in a legal marriage - it's just a ceremony you held, and has no legal meaning without it being considered a legal marriage in India. (In which case, since you're not married, you can get married in Canada)

I see, thanks. As I mentioned above, it would be just a religious wedding ceremony back in India without any legal backing. Instead of legally registering it in court in India we were thinking of registering it in Canada. Part of the reason is because we eventually plan on applying for PR and I was thinking by registering it in Canada we could avoid the hassle of attesting an Indian marriage certificate, giving us a smoother PR application process. Plus in the future when we become Canadian citizens it might be easier to go through Canadian authorities for matters related to the marriage certificate. Although now I'm not sure if it makes much of a difference...

 

[canuck78]

Well, it would be a religious wedding ceremony back in India, which I believe has no legal meaning. Afterwards instead of legally registering it in court in India we were thinking of registering it in Canada.

Thanks for the heads up regarding the OWP. I'm currently pursuing a Masters and on my way to a PhD in Computer Science at UofT. We would have been seeing each other for roughly a year by the time we get married, unfortunately much of that is not in person. Worst case if OWP does not work out she can still visit using her visitor visa and we will be applying for PR through EE within a year or so anyways.

Don’t think OWP should be an issue then. You should register your wedding in India because you are getting married in India. You would only register your marriage in Canada if you got married in Canada. Submitting proof of an Indian marriage is very common in Canada. Would review the documents you will need to include with the OWP so you have them all before returning to Canada.

 

[armoured]

I see, thanks. As I mentioned above, it would be just a religious wedding ceremony back in India without any legal backing. Instead of legally registering it in court in India we were thinking of registering it in Canada. Part of the reason is because we eventually plan on applying for PR and I was thinking by registering it in Canada we could avoid the hassle of attesting an Indian marriage certificate, giving us a smoother PR application process. Plus in the future when we become Canadian citizens it might be easier to go through Canadian authorities for matters related to the marriage certificate. Although now I'm not sure if it makes much of a difference...

We don't really use the term 'registering' a marriage in Canada. If you get married in Canada, you'd be legally married in Canada.

I don't think that aspect of it makes that much difference. You still may face some difficulty with the owp and genuineness of the marriage.

 

[blob2here]

Thanks all for your advice.