The new amendments make Proxy Marriages no longer valid for Canadian immigration, in all temporary and permanent immigration programs. These unions include telephone, fax, internet or similar forms of marriage where one or both parties are not physically present, an excluded relationship.

The Government of Canada has made it a priority to address the vulnerability of women in the immigration context and has taken steps to address the issue of forced marriage. The nature of proxy, telephone, fax, Internet and other similar forms of marriage can help to facilitate forced marriages because one or both spouses are not physically present, making it more difficult to determine that they consent to the marriage.

These new regulations include the following amendments:

5. For the purposes of these Regulations, a foreign national shall not be considered

(c) the spouse of a person if at the time the marriage ceremony was conducted either one of both of the spouses were not physically present unless the person was not physically present at the ceremony as a result of their service as a member of the Canadian Forces and the marriage is valid both under the laws of the jurisdiction where it took place and under Canadian law.

117. (9) A foreign national shall not be considered a member of the family class by virtue of their relationship to a sponsor if

(c.1) the foreign national is the sponsor’s spouse and if at the time the marriage ceremony was conducted either one or both of the spouses were not physically present unless the foreign national was marrying a person who was not physically present at the ceremony as a result of their service as a member of the Canadian Forces and the marriage is valid both under the laws of the jurisdiction where it took place and under Canadian law;

125. (1) A foreign national shall not be considered a member of the spouse or common-law partner in Canada class by virtue of their relationship to the sponsor if

(c.1) the foreign national is the sponsor’s spouse and if at the time the marriage ceremony was conducted either one or both of the spouses were not physically present unless the foreign national was married to a person who was not physically present at the ceremony as a result of their service as a member of the Canadian Forces and the marriage is valid both under the laws of the jurisdiction where it took place and under Canadian law;

In order for individuals 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.

Exception – Canadian Armed Forces Personnel

An exemption exists for members of the Canadian Armed Forces who, due to travel restrictions related to their service, were not present at their marriage ceremony, whether that marriage was conducted and registered in a foreign jurisdiction where it is legally valid. However, it must be noted that marriages in which one or both parties are not physically present cannot legally be conducted or registered in any province or territory in Canada.

Please Contact Us for more information on these changes.