Special case not sure if it is a Proxy Marriage

[dustyding]

Hi,

I know proxy marriage is illegal in Canada. But I have a special case that I am not sure if it belongs to proxy marriage.

Due to Covid 19, I am currently in my country with my partner, yes we are gay couple. It is illegal for same-sex marriage in my country, thus I cannot get a marriage certificate here. I know now some states of US can hold online marriage ceremony to get a legal marriage certificate. Of course, I and my partner will be presenting in the same room physically as well as our witness, but the officiant will conduct the ceremony online, means he/she will be virtually. Does this situation belongs to proxy marriage?

 

[canuck78]

Hi,

I know proxy marriage is illegal in Canada. But I have a special case that I am not sure if it belongs to proxy marriage.

Due to Covid 19, I am currently in my country with my partner, yes we are gay couple. It is illegal for same-sex marriage in my country, thus I cannot get a marriage certificate here. I know now some states of US can hold online marriage ceremony to get a legal marriage certificate. Of course, I and my partner will be presenting in the same room physically as well as our witness, but the officiant will conduct the ceremony online, means he/she will be virtually. Does this situation belongs to proxy marriage?

No you can't do an online marriage while in another country.

 

[dustyding]

No you can't do an online marriage while in another country.

Hi, thanks for your reply. But I am just curious, on CIC'S website, they have defined what is called proxy marriage. There are three cases:

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.
2, 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).
3, 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.

And 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.

But my case does not violate any one point of these three above. The ceremony will be hold physically, but only the officiant will attend online.

 

[scylla]

Hi,

I know proxy marriage is illegal in Canada. But I have a special case that I am not sure if it belongs to proxy marriage.

Due to Covid 19, I am currently in my country with my partner, yes we are gay couple. It is illegal for same-sex marriage in my country, thus I cannot get a marriage certificate here. I know now some states of US can hold online marriage ceremony to get a legal marriage certificate. Of course, I and my partner will be presenting in the same room physically as well as our witness, but the officiant will conduct the ceremony online, means he/she will be virtually. Does this situation belongs to proxy marriage?

You may want to verify with an immigration lawyer. IMO this won't work because the marriage valid under the laws of the jurisdiction where it took place. I think that jurisdiction will be regarded as the country where you and your partner are in vs. where the officiant is.

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

Any chance you qualify as common law partners?

 

[canuck78]

Hi, thanks for your reply. But I am just curious, on CIC'S website, they have defined what is called proxy marriage. There are three cases:

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.
2, 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).
3, 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.

And 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.

But my case does not violate any one point of these three above. The ceremony will be hold physically, but only the officiant will attend online.

It isn't a proxy marriage but it also isn't a normal marriage where people getting married are in the same country that is supplying the marriage certificate. We have already seen a similar marriage get rejected this year on this forum.

 

[Naturgrl]

Hi, thanks for your reply. But I am just curious, on CIC'S website, they have defined what is called proxy marriage. There are three cases:

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.
2, 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).
3, 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.

And 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.

But my case does not violate any one point of these three above. The ceremony will be hold physically, but only the officiant will attend online.

So is your marriage being registered in the country where you are both present? You can get married online but being recognized is another issue as it isn’t being registered where you live.

 

[dustyding]

It isn't a proxy marriage but it also isn't a normal marriage where people getting married are in the same country that is supplying the marriage certificate. We have already seen a similar marriage get rejected this year on this forum.

Thank you so much! Do you have a link to that case? It may be an important reference to me.

 

[dustyding]

You may want to verify with an immigration lawyer. IMO this won't work because the marriage valid under the laws of the jurisdiction where it took place. I think that jurisdiction will be regarded as the country where you and your partner are in vs. where the officiant is.

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

Any chance you qualify as common law partners?

We have to both live in Canada for one year to show that we are in common law...

 

[dustyding]

So is your marriage being registered in the country where you are both present? You can get married online but being recognized is another issue as it isn’t being registered where you live.

No, we are in country A, and want to get marriage certificate from US. Do you have any advice to my case?

 

[dustyding]

It isn't a proxy marriage but it also isn't a normal marriage where people getting married are in the same country that is supplying the marriage certificate. We have already seen a similar marriage get rejected this year on this forum.

Do you have any advice to my case?

 

[armoured]

But my case does not violate any one point of these three above. The ceremony will be hold physically, but only the officiant will attend online.

I would not rely on the likelihood that this will be accepted in Canada for a whole variety of reasons - amongst which, I don't believe Canada would accept a marriage performed "by" one jurisdiction for individuals who are not physically present in that jurisdiction. (There are probably some gaps - not least in my knowledge - but I think the US states that have announced this require both parties to the marriage to be in the state).

If you go this route, you may end up having far more difficulties in future.

 

[canuck78]

No, we are in country A, and want to get marriage certificate from US. Do you have any advice to my case?

Travel to a 3rd country together to get married, live together for a year, if he/she is denied a TRV you can apply for conjugal sponsorship.

 

[armoured]

Do you have any advice to my case?

Physically travel to a country that recognizes same-sex marriages and get married there. Canada, USA, many countries in Europe for example.

 

[dustyding]

Physically travel to a country that recognizes same-sex marriages and get married there. Canada, USA, many countries in Europe for example.

Yeah, I know this way. But as covid 19, it is impossible currently.

 

[dustyding]

I would not rely on the likelihood that this will be accepted in Canada for a whole variety of reasons - amongst which, I don't believe Canada would accept a marriage performed "by" one jurisdiction for individuals who are not physically present in that jurisdiction. (There are probably some gaps - not least in my knowledge - but I think the US states that have announced this require both parties to the marriage to be in the state).

If you go this route, you may end up having far more difficulties in future.

Some agencies can hold the ceremony and offer me legal us marriage licence. I am curious how CIC will know the marriage is valid or not, as there's no information to show if it is a proxy/virtual marriage on the licence.