Marriage is a beautiful union that brings two people together, but when one or both parties are on a tourist visa in Canada, questions about the legality and implications often arise. Understanding the laws and regulations surrounding marriage and visas is crucial to ensure a smooth and lawful process. In this article, we will delve into the details of whether you can marry your girlfriend on a tourist visa in Canada and what steps you need to take.
Understanding Tourist Visas in Canada
A tourist visa, also known as a temporary resident visa, allows foreign nationals to visit Canada for leisure, tourism, or visiting family and friends. It is typically issued for a specific period, usually up to six months, and does not grant the holder the right to work or study in Canada. The main purpose of a tourist visa is to enable visitors to enjoy the country’s attractions and spend time with their loved ones.
Marriage Laws in Canada
In Canada, the legal requirements for marriage vary slightly depending on the province or territory, but there are some common principles that apply across the country. To get married in Canada, both parties must be at least 18 years old (with parental consent for those aged 16 or 17) and not already married. There is no residency requirement for marriage, meaning that non-residents, including those on tourist visas, can marry in Canada.
The marriage ceremony can be conducted by various authorized officiants, such as religious leaders, judges of the Supreme Court of each province or territory, justices of the peace, and indigenous representatives. Once the marriage has taken place, it is legally recognized both in Canada and internationally.
Marrying on a Tourist Visa: Legal Considerations
While it is possible to marry your girlfriend on a tourist visa in Canada, there are several important legal considerations to keep in mind.
1. Validity of the Marriage
As long as the marriage meets the legal requirements of the province or territory where it takes place, it will be valid and recognized both in Canada and in your home country. However, it is essential to ensure that all necessary documents are properly completed and filed to avoid any potential issues.
2. Immigration Consequences
Marrying a Canadian citizen or permanent resident does not automatically grant you a change in immigration status. If you wish to stay in Canada after the marriage, you will need to apply for a different type of visa, such as a spousal open work permit or an application under the Family Class sponsorship program. The approval of these applications depends on various factors, including the genuineness of the relationship, the financial stability of the sponsoring spouse, and compliance with immigration regulations.
3. Proof of Genuine Relationship
When applying for a change in immigration status based on marriage, you will need to provide evidence to prove that the relationship is genuine and not a sham marriage. This may include joint financial accounts, shared housing, correspondence, photographs, and testimonies from friends and family members. It is crucial to maintain accurate and honest documentation throughout your relationship to support your case.
Steps to Get Married on a Tourist Visa in Canada
If you decide to marry your girlfriend on a tourist visa in Canada, here are the general steps you need to follow:
1. Plan the Wedding
Determine the date and location of the wedding ceremony. You can choose to have a civil ceremony at a government office or a religious ceremony at a place of worship. Make sure to check the specific requirements and reservation procedures for the chosen venue.
2. Gather Required Documents
Both you and your girlfriend will need to provide certain documents for the marriage registration. These may include:
- Valid passports
- Birth certificates
- Proof of divorce or death certificate if either party was previously married
- Proof of residency in Canada (for Canadian citizens or permanent residents)
It is advisable to contact the local government office or registry where you plan to get married to get a complete list of required documents.
3. Obtain a Marriage License
In most provinces and territories in Canada, you will need to obtain a marriage license before the ceremony can take place. You can usually apply for a marriage license in person at the local registry office or online. There may be a waiting period between the application and the issuance of the license, so it is important to apply well in advance of the wedding date.
4. Arrange for an Officiant
Find an authorized officiant to conduct the marriage ceremony. This could be a religious leader, a judge, a justice of the peace, or an indigenous representative, depending on your preferences and the regulations of the province or territory. Contact the officiant well ahead of time to schedule the ceremony and discuss any specific requirements they may have.
5. Perform the Ceremony
On the day of the wedding, both parties must be present along with the officiant and any required witnesses. The officiant will guide you through the ceremony and will have you sign the marriage register. After the ceremony, the officiant will sign the register and provide you with a copy of the marriage certificate. The original marriage certificate will be sent to the appropriate government office for recording.
Immigration Options After Marriage
If you wish to stay in Canada after marrying your girlfriend, you have a few immigration options to consider:
1. Spousal Open Work Permit
As a spouse of a Canadian citizen or permanent resident, you may be eligible to apply for a spousal open work permit. This permit allows you to work for any employer in Canada while your application for permanent residence is being processed. To apply for a spousal open work permit, you must submit a complete application package, including proof of your marriage and your spouse’s status in Canada.
2. Family Class Sponsorship Program
The Family Class sponsorship program allows Canadian citizens and permanent residents to sponsor their spouses for permanent residence in Canada. To be eligible to sponsor your spouse, you must meet certain criteria, such as being at least 18 years old, being able to provide for the basic needs of your spouse, and not having any criminal convictions or outstanding immigration-related obligations. Your spouse will also need to meet certain requirements, including passing medical and security checks.
3. Visitor Record
If you do not qualify for a spousal open work permit or the Family Class sponsorship program, you may be able to apply for a visitor record extension. A visitor record allows you to stay in Canada for a longer period than the original tourist visa, but it does not grant you the right to work or study. To apply for a visitor record extension, you must submit a request to the Immigration, Refugees and Citizenship Canada (IRCC) office before your current visa expires and provide supporting documents, such as a letter explaining the reasons for the extension and proof of your financial situation.
Conclusion
Marrying your girlfriend on a tourist visa in Canada is possible, but it requires careful planning and consideration of the legal implications. Before proceeding with the marriage, make sure you understand the requirements and consequences related to your immigration status. It is highly recommended to consult with an immigration lawyer or a professional advisor who specializes in Canadian immigration law to ensure that you are following the correct procedures and maximizing your chances of a successful outcome. By taking the appropriate steps and gathering the necessary documentation, you can make your dream wedding a reality while also laying the foundation for a secure and happy future together in Canada.
Related topics:
