Requesting advice on marriage situation

[a7medfx]

Hi all, I am planning to apply for the Express Entry soon. I am in a bit of a situation regarding my marital life.


I got married in Australia. It wasn't a registered marriage. It was a cultural/religious marriage. So the marriage may not be legally binding as far as Australia is concerned. I did get a marriage certificate from the local mosque where I got married. However, I want to stress that it has nothing to do with the countries marriage registry/etc. This is more like a piece of document that state the conditions of our marriage and the witnesses present.

In my original passport, which is from South Asia, it does mention my spouse's name. Basically, when I renewed my passport I mentioned I am married and they asked for evidence. So I gave a copy of that certificate and they accepted it. Therefore, my passport shows that I am married.

However, currently we are separating and I am going to apply for the express entry on my own.

My question is what do I say my status is?

These are the options I am being showed:

• Married means that two people have had a ceremony that legally binds them to each other. This marriage must be recognized under the laws of the country where it was performed and under Canadian law.
• Separated means that two people are married but no longer living together, and they do not wish to live together again. They may be waiting for a divorce or have not yet decided to divorce.
• Divorced means that a court has granted a divorce and that a marriage has ended. The two people are no longer married.
• An annulled marriage is a marriage that is legally declared not valid. When a marriage is annulled, it means that the marriage was not valid from the beginning.
• Widowed means that a person's spouse has died and that person has not remarried or entered into a common-law relationship.
• A common-law partner is a person of the opposite or same sex with whom you have lived in a marital-type relationship continuously for a minimum of one (1) year and with whom you are not married. Once you have lived together for the first year, temporary separations will not end the relationship.
• Never married or single means that a person has never been married. However, never married does not mean that the person has never been in a common-law relationship in the past.
• A spouse is a partner in marriage (a husband or wife).

I do not think I can claim married as the marriage is not recognized in Australia or in Canada, if I understand correctly.

What is the safest option?

 

[hypervariate123]

Hi all, I am planning to apply for the Express Entry soon. I am in a bit of a situation regarding my marital life.


I got married in Australia. It wasn't a registered marriage. It was a cultural/religious marriage. So the marriage may not be legally binding as far as Australia is concerned. I did get a marriage certificate from the local mosque where I got married. However, I want to stress that it has nothing to do with the countries marriage registry/etc. This is more like a piece of document that state the conditions of our marriage and the witnesses present.

In my original passport, which is from South Asia, it does mention my spouse's name. Basically, when I renewed my passport I mentioned I am married and they asked for evidence. So I gave a copy of that certificate and they accepted it. Therefore, my passport shows that I am married.

However, currently we are separating and I am going to apply for the express entry on my own.

My question is what do I say my status is?

These are the options I am being showed:

• Married means that two people have had a ceremony that legally binds them to each other. This marriage must be recognized under the laws of the country where it was performed and under Canadian law.
• Separated means that two people are married but no longer living together, and they do not wish to live together again. They may be waiting for a divorce or have not yet decided to divorce.
• Divorced means that a court has granted a divorce and that a marriage has ended. The two people are no longer married.
• An annulled marriage is a marriage that is legally declared not valid. When a marriage is annulled, it means that the marriage was not valid from the beginning.
• Widowed means that a person's spouse has died and that person has not remarried or entered into a common-law relationship.
• A common-law partner is a person of the opposite or same sex with whom you have lived in a marital-type relationship continuously for a minimum of one (1) year and with whom you are not married. Once you have lived together for the first year, temporary separations will not end the relationship.
• Never married or single means that a person has never been married. However, never married does not mean that the person has never been in a common-law relationship in the past.
• A spouse is a partner in marriage (a husband or wife).

I do not think I can claim married as the marriage is not recognized in Australia or in Canada, if I understand correctly.

What is the safest option?

First of all, your passport claims you're married, so it definitely shows your marital status regardless of what else you may think.

Since you live in Australia, how did you file taxes, fulfill residency etc.? Did you never state that you were married at any point?

What steps have you been taking to separate and are you headed towards divorce?

My guess is separated or married depending on how you answer the previous question.

 

[canuck_in_uk]

Hi all, I am planning to apply for the Express Entry soon. I am in a bit of a situation regarding my marital life.


I got married in Australia. It wasn't a registered marriage. It was a cultural/religious marriage. So the marriage may not be legally binding as far as Australia is concerned. I did get a marriage certificate from the local mosque where I got married. However, I want to stress that it has nothing to do with the countries marriage registry/etc. This is more like a piece of document that state the conditions of our marriage and the witnesses present.

In my original passport, which is from South Asia, it does mention my spouse's name. Basically, when I renewed my passport I mentioned I am married and they asked for evidence. So I gave a copy of that certificate and they accepted it. Therefore, my passport shows that I am married.

However, currently we are separating and I am going to apply for the express entry on my own.

My question is what do I say my status is?

These are the options I am being showed:

• Married means that two people have had a ceremony that legally binds them to each other. This marriage must be recognized under the laws of the country where it was performed and under Canadian law.
• Separated means that two people are married but no longer living together, and they do not wish to live together again. They may be waiting for a divorce or have not yet decided to divorce.
• Divorced means that a court has granted a divorce and that a marriage has ended. The two people are no longer married.
• An annulled marriage is a marriage that is legally declared not valid. When a marriage is annulled, it means that the marriage was not valid from the beginning.
• Widowed means that a person's spouse has died and that person has not remarried or entered into a common-law relationship.
• A common-law partner is a person of the opposite or same sex with whom you have lived in a marital-type relationship continuously for a minimum of one (1) year and with whom you are not married. Once you have lived together for the first year, temporary separations will not end the relationship.
• Never married or single means that a person has never been married. However, never married does not mean that the person has never been in a common-law relationship in the past.
• A spouse is a partner in marriage (a husband or wife).

I do not think I can claim married as the marriage is not recognized in Australia or in Canada, if I understand correctly.

What is the safest option?

Marriages, including religious marriages, are valid in many countries even if not registered. You need to research Australian marriage law or seek a legal opinion in Australia.

If the marriage is recognized as legal in Australia, then Canada recognizes it as legal as well.

If Australia does not recognize it as legal, then Canada doesn't either. If this is the case, you need to include a full explanantion and all documents; this should include a legal opinion from Australia stating the marriage isn't recognized and any other such proof you can show, like a registry search.
Note that if you lives together for at least one year, in this situation, he would be a former common-law partner.

 

[lampbreaker]

Separated is the right answer.

 

[a7medfx]

First of all, your passport claims you're married, so it definitely shows your marital status regardless of what else you may think.

Since you live in Australia, how did you file taxes, fulfill residency etc.? Did you never state that you were married at any point?

What steps have you been taking to separate and are you headed towards divorce?

My guess is separated or married depending on how you answer the previous question.

I was a student in Australia, therefore I never had to file taxes. My wife was given a spousal/partner visa after we had provided evidence of living together for more than a year.

I am pretty sure the marriage is not registered or recognized as I called the authorities and they informed me I should get a license and do ceremony in the court if I want to be recognized in Australia.

As far as separation goes, we have again went through a divorce via religious procedures and we will be parting our ways in 3 months time. This divorce again doesn't come with any documentation.