Getting married in Canada

In Canada, marriage falls under the jurisdiction of the federal government. Thus, since July 20, 2005, the Canadian Parliament has extended marriage laws to include same-sex partners, granting them the same rights as heterosexual couples. A couple does not need to reside in Canada to get married there. However, the procedures may vary from one province to another.

Marrying a Canadian does not automatically grant Canadian citizenship. Like any other immigrant, spouses of Canadian citizens must first obtain permanent residency and live in Canada for a minimum of 1,460 days within the six years preceding the application, and at least 183 days per calendar year in four of those years.
Unlike many countries around the world, inheritance is still passed on through marriage in Canada. Foreign candidates need to understand the implications and consequences of marriage in relation to their family situation. In Canada, marriage means that spouses become each other's heirs to their entire estate. It is crucial to be well-informed about the transfer of assets to avoid disinheriting any potential heirs living in another country.

Steps to follow

The town hall and courthouse at your place of marriage can provide information on the process for obtaining a marriage certificate. You will need to prove your identity and your right to marry in advance. To do this, you must meet the legal age requirement, not be currently married, and not be closely related. You may be required to obtain a marriage permit or license, or to publish the banns of your marriage. The procedures and costs vary by province.

You can choose to marry under the authority of a religious officiant or a civil representative. Whichever you choose, your officiant must be recognized by the province where you are getting married. Some provinces also require the presence of witnesses of your choice at the ceremony.

If you wish to change your last name when you get married, you will need to notify all relevant ministries and government agencies. They will handle the modification of data on your Canadian passport, social insurance card, Canada Revenue Agency, health insurance card, and driver's license. For more information on this topic, contact your provincial government.

Marriage and immigration

A Canadian citizen or permanent resident married to a foreign national can sponsor their spouse for permanent residency. While awaiting the processing of this application, the foreign partner may be eligible for an open work permit. However, immigration officers are very stringent, and you will need to prove by various means that the ultimate basis of your relationship is genuine love and the desire to start a family, rather than immigration.

Marriage in Canada does not grant any specific rights regarding immigration. Canadian immigration services treat all applications based on a relationship the same way, whether married or not. Even if married, the couple must prove the authenticity of their relationship through official documents and evidence of cohabitation. A couple intending to marry in Canada while knowing each other for only a short time have no chance of obtaining permanent residency in the country.

Fraudulent marriage in Canada

The Canadian immigration service has been working to prevent fraudulent marriages, defined as a marriage between a foreigner and a Canadian citizen or permanent resident solely for the purpose of residing in Canada. This practice constitutes a crime punishable by deportation from Canadian territory.

The immigration service is aware that sponsors and foreign applicants often arrange a marriage of convenience to allow a sponsored spouse or partner to immigrate to Canada. As such, immigration officers are specially trained to recognize genuine immigration applications and detect marriages of convenience. They verify documents, conduct on-site visits, and hold interviews with sponsors and applicants.

Useful Links:

Sponsor your spouse or partner
Get married in Quebec
Get married in New Brunswick
Get married in British Columbia
Get married in Ontario
Get married in Alberta
Get married in Yukon