Lori Meadows
Can Two International Students Marry in Canada?
Marriage laws in Canada allow foreigners and international students to marry in the country. The legal marriage process and documentation required vary across different regions in Canada. The most commonly requested documents include a government-issued birth certificate from the country of origin, and a marriage licence, which is valid for 90 days from the date of issue. The marriage must be entered into willingly, and the couple must be physically present—it cannot take place over the phone or through a representative.
| Characteristics | Values |
|---|---|
| Can two international students marry in Canada? | Yes |
| Who can perform the marriage? | A judge, justice of the peace, or a registered religious official |
| What documents are required? | A marriage licence, government-issued birth certificate from your country |
| What are the requirements? | Both parties must be at least 18 years old (except in Ontario, where it is 16 with written parental or legal consent), must be physically present, must have two witnesses present (one for each spouse), must be of their own free will |
| What is the validity of a marriage licence? | 90 days from the date it was issued |
| Where can you apply for a marriage licence? | Municipal office, town hall, or city hall |
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What You'll Learn
International students can marry in Canada
Both parties must be at least 18 years old (except in Ontario, where written parental or legal consent allows individuals to marry at 16 years old). The marriage must be entered into by the couple's own free will; forced marriages are not considered legal in Canada. Both parties must be physically present at the marriage ceremony, and it is a criminal offence to participate in a marriage ceremony if you know that one of the partners does not want to marry. The marriage must be officiated by a judge, justice of the peace, or a registered religious official, and there must be two witnesses present (one for each spouse).
In terms of documentation, a marriage licence is required to get married in Canada. This can be obtained at a municipal office, town hall, or city hall, and is valid for 90 days from the date it was issued. Additionally, a government-issued birth certificate from the country of origin is typically required. It is important to note that marriage does not automatically change the immigration status of the couple; for immigration purposes, the couple may be considered common-law, but this varies by province.
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Legal requirements for marriage in Canada
In Canada, there are two sets of rules that both partners have to follow for a marriage ceremony to be legal. The first set of rules deals with who is legally allowed to marry, and the second set deals with how the marriage ceremony takes place.
Who is Legally Allowed to Marry?
According to the Civil Marriage Act, for a marriage to be valid, it requires the "free and enlightened consent" of two persons to be the spouse of each other. This means that both partners must voluntarily agree to be married, and the marriage must not be forced upon either of them. Additionally, neither partner should be married to someone else at the time of the new marriage. Polygamy, or having more than one spouse, is against the law in Canada.
In Ontario, individuals must be at least 18 years old to marry, with exceptions for 16 and 17-year-olds with written permission from both parents, a legal guardian, or the Court. Different age rules may apply in other provinces and territories.
The marriage ceremony must follow the law of the province where it is held. Both partners must be physically present at the ceremony; marriages over the phone or the internet are not allowed. The officiant must be authorized to perform marriages in the respective province. In Alberta, for example, there are no residency or citizenship requirements for marriages, and individuals can choose a friend or family member to marry them by applying for a temporary marriage commissioner appointment for that specific day.
Recognition of Foreign Marriages
Most legal marriages performed outside of Canada will be recognized as valid in the country. However, if an individual living in Canada gets married in another country, they must follow the marriage requirements of that country. Additionally, if a marriage occurs outside of Alberta but within Canada, the marriage laws of that place must be followed.
Name Changes After Marriage
Changing one's last name after marriage is not a legal requirement in Canada. Individuals may choose to keep their own last name, take their spouse's last name, or use a combination of both.
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Changing visa status after marriage
International students can get married in Canada. They can be married by a judge, justice of the peace, or a registered religious official. However, for immigration purposes, they are considered common-law partners, and not spouses.
In Canada, common-law partners are defined as those who have lived together for a certain period, usually two years, and have the same rights and responsibilities as married couples. The specific definition varies across different provinces. For example, in Alberta, a couple must have lived together for three years or more, or have a child and live together.
If two international students marry in Canada, one person can change their visa status to a dependent visa. However, they must first meet the specific requirements and eligibility criteria for changing a student visa to a dependent visa.
If the marriage takes place after submitting an immigration application but before the Canada Immigration Visa has been issued, the new spouse must be included in the application. They will have to undergo a medical examination and submit the appropriate documents, including application forms, marriage certificates, police clearances, and government fees. This may cause delays of up to five months.
If the marriage occurs after the Canada Immigration Visa has been issued but before the applicant has landed in Canada as a permanent resident, the issued visa must be returned to the Canadian Immigration Office. A new application for permanent residence in Canada must then be submitted.
Sponsoring a spouse, partner, or dependent child for permanent residence in Canada requires the sponsor to have an Acknowledgement of Receipt (AOR) letter. While waiting for a decision, the sponsored person can apply for a visitor visa and, upon arrival in Canada, an open work permit.
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Common-law recognition in Canada
International students can get married in Canada, and there is no requirement for a special document or license. However, the process of changing one partner's visa status to a dependent visa after marriage can be complex and may involve specific requirements and eligibility criteria.
In terms of common-law recognition in Canada, there are varying definitions across different provinces. In British Columbia (B.C.), a couple must live together for two years to be considered a common-law partnership, and they will have the same rights and responsibilities as a married couple. In Alberta, the requirement is three years of cohabitation or having lived together with a child. In Newfoundland, two years of cohabitation in a conjugal relationship is required. In Nova Scotia, a couple must live together for two years to be entitled to spousal support, but they cannot claim joint property, including a family home or car. Unmarried couples in Nova Scotia can register as being in a "domestic partnership" under the Nova Scotia Vital Statistics Act to gain certain rights.
The recognition of common-law partnerships is essential in Canada, especially when it comes to immigration and spousal sponsorship. A person without temporary resident status can be sponsored as a common-law partner in Canada under specific circumstances, such as overstaying a visa or entering the country without the required documents. However, it is important to note that leaving Canada may cancel temporary resident status, and re-entry may not be guaranteed, especially if the individual requires a Temporary Resident Visa or an eTA.
Additionally, the spouses and common-law partners of international students may be eligible for open work permits, allowing them to work for any employer in Canada, except those on ineligible lists or offering specific services like erotic dances. To be eligible, the sponsoring international student must have a valid study permit and be enrolled in a master's degree program of 16 months or longer.
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Planning a wedding ceremony in Canada
Planning a wedding can be a stressful experience, but with careful preparation, you can create a memorable and meaningful ceremony. Here is a guide to help you plan your wedding ceremony in Canada.
Budgeting
Firstly, it is essential to establish a budget. Consider the costs of the venue, food, drinks, attire, decorations, and travel. The average travel budget for a week abroad is close to $1850 per person, and wedding budgets can range from $3,000 to $30,000, depending on the number of guests.
Venue and Date
Canada offers a range of beautiful venues for your wedding ceremony, from rustic barns to mountain destinations. Popular locations include Banff, Lake Louise, and Whistler, known for their stunning natural scenery. Consider the cultural traditions you want to incorporate and how the venue can accommodate these. For instance, if you plan to include a tea ceremony, ensure the venue can provide a suitable space. Remember to book your venue well in advance to secure your desired date.
Traditions and Customs
Canadian weddings often blend traditions and customs from different cultures. Some popular traditions include exchanging wedding vows, giving wedding rings, and pronouncing the couple partners for life. Other customs include a unity candle lighting ceremony, symbolizing the union of two souls, or the breaking of a glass, a Jewish tradition. Embrace Canadian wedding traditions, such as including a delicious wedding cake, adorned with beautiful decorations, and serving traditional Canadian foods like poutine and tourtière.
Legal Requirements
To ensure your wedding ceremony is legally recognized, you must be married by a judge, justice of the peace, or registered religious official.
Planner
Consider hiring a wedding planner to help you navigate the process and ensure you don't overlook any important details.
Remember, the most important aspect of your wedding day is celebrating your love and commitment in a way that resonates with your heritage and traditions.
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Frequently asked questions
Yes, two international students can marry in Canada.
The legal requirements for getting married in Canada include:
- Both parties must be at least 18 years old (except in Ontario, where you can marry at 16 with written parental or legal consent).
- You must be getting married of your own free will. Forced marriages are not considered legal in Canada.
- You must be physically present at the ceremony.
- You must have two witnesses present (one for each spouse).
- You cannot marry or enter into a civil partnership with someone you are related to by blood or adoption.
- You must obtain a marriage licence, which is valid for 90 days from the date it was issued.
The process for getting married in Canada can vary depending on the region, but here are the general steps:
- Understand the legal requirements and verify the specific requirements of the region where you will get married.
- Apply for a marriage licence at the municipal office, town hall, or city hall.
- Decide on the type of marriage ceremony you want (civil or religious).
- Find a judge, justice of the peace, or registered religious official to officiate the ceremony.
- Have two witnesses present at the ceremony.
One student may be able to change their visa status to dependent, but this depends on the specific requirements and eligibility criteria for visa changes in Canada.
