Lana Oconnell
International students can get married in Canada, and the process is similar to that of Canadian citizens and permanent residents. Marriage in Canada is governed by provincial law and typically involves obtaining a marriage license and having a legal ceremony conducted by an authorized official, such as a judge, justice of the peace, or a registered religious official. For international students, there may be additional considerations, such as the impact of marriage on their student visas or permits and the possibility of applying for a Spousal Open Work Permit (SOWP). It is important for international students to understand the legal and immigration implications of getting married in Canada and to be aware of any cultural or legal differences that may exist in their home countries.
| Characteristics | Values |
|---|---|
| Can two international students get married in Canada? | Yes |
| Who can officiate the marriage? | A judge, justice of the peace, or a registered religious official |
| What is the process? | Obtain a marriage license and have a legal ceremony conducted by an authorized officiant |
| Can one spouse change their status to a dependent on the other’s study permit? | Yes |
| Can one spouse apply for a Spousal Open Work Permit (SOWP) to work in Canada while the other continues to study? | Yes |
| Are marriages performed in a foreign country valid in Canada? | Usually yes, and there is no need to register them in Canada |
| Does marrying a citizen of another country affect Canadian citizenship? | No, but the adopted country may not recognize Canadian citizenship and prevent consular assistance |
| What documents are needed for marriage outside of Canada? | Depends on the country; may include translated and authenticated documents, a marriage search letter, and a single status affidavit |
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What You'll Learn
International students can get married in Canada
One spouse can potentially change their status to a dependent on the other’s study permit. This means one spouse can apply for a Spousal Open Work Permit (SOWP), allowing them to work in Canada while the other continues to study.
If you are planning to marry a foreign national in another country, you should learn about the customs and laws on relationships and marriage in the country where the marriage will take place before you leave Canada. The documents you will need to get married outside of Canada will depend on your circumstances and the country where you plan to get married. You may need to have the documents translated into the language of the country where the marriage will take place. Marriages that are legally performed in a foreign country are usually valid in Canada, and you do not need to register them in Canada. However, marrying a citizen of another country may automatically make you a citizen of that country, and your adopted country may not recognize your Canadian citizenship.
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One spouse can change their status to dependent
International students can get married in Canada, just like Canadian citizens and permanent residents. Marriage in Canada is governed by provincial law and typically involves obtaining a marriage license and having a legal ceremony conducted by an authorized officiant.
If two international students get married in Canada, one spouse can change their status to a dependent on the other's study permit. This allows the spouse who changes their status to apply for a Spousal Open Work Permit (SOWP). With this permit, they can work in Canada while their partner continues their studies.
The process of changing one's status to a dependent involves applying for a sponsorship under the Family Class or the Spouse or Common-Law Partner in Canada Class. The sponsoring spouse must be at least 18 years old, and both spouses must pass background, security, and medical checks.
It is important to note that when it comes to tax returns, one cannot claim both the spouse or common-law amount and the eligible dependent amount in the same tax year. The Canada Revenue Agency (CRA) requires a choice between the two. The spouse or common-law amount can be claimed if the claimant supported their spouse during the year, and their net income was less than their basic personal amount. On the other hand, the eligible dependent amount may be more beneficial to claim if the dependent had no income during the year.
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The other spouse can apply for a Spousal Open Work Permit
International students can get married in Canada, and the marriage process is the same as that of Canadian citizens and permanent residents. If an international student gets married in Canada, the other spouse can apply for a Spousal Open Work Permit (SOWP). This will allow them to work in Canada while their partner continues their studies.
To be eligible for an open work permit, the international student must have a valid study permit and be enrolled in a master's degree program of 16 months or longer, or a doctoral degree program at a university or polytechnic institution. The spouse of the international student must also meet certain eligibility criteria. Starting January 21, 2025, they may be eligible for an open work permit if the international student meets the above requirements.
Spouses of international students can apply for their open work permit online from inside Canada. They will need to provide supporting documents, such as proof of a medical exam (if applicable), a marriage license or certificate, and proof of common-law partnership. There is an application fee of $255.
It is important to note that spouses of international students cannot extend their open work permit beyond the expiration date of their partner's study permit. Additionally, they cannot apply for an open work permit at the land border by flagpoling, which is prohibited as of December 23, 2024. Instead, they should apply for the permit online before their visitor status expires.
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Marriage process and documentation vary across regions
Marriage laws in Canada are governed by provincial law, and the marriage process and documentation required can vary across different regions. Here are some important points to consider:
Marriage Process and Documentation:
The specific process and documents needed may differ depending on the region in Canada where the marriage will take place. It is essential to verify the requirements of the particular province or territory. However, some commonly requested documents include:
- A government-issued birth certificate from your country.
- A citizenship card from your country.
- A valid photo card, such as an Ontario photo card.
- Immigration documents, such as a visa or residency permit.
- Two acceptable forms of identification for each individual, such as a passport or driver's license. These IDs must be valid, original, and reflect the legal name and date of birth, with the first and last names matching on both forms of identification.
Marriage License and Ceremony:
To get married in Canada, you typically need to obtain a marriage license and have a legal ceremony conducted by an authorized officiant. This could be a judge, justice of the peace, or a registered religious official. The cost of a marriage license varies by province, ranging from about $100 to $200.
Impact on Immigration Status:
Getting married in Canada can significantly affect your immigration and residency status. If you are a foreign national marrying a Canadian citizen or permanent resident, it may impact your permanent residency or citizenship eligibility. However, it does not automatically grant you these rights, and you must still apply through the proper channels, such as Immigration, Refugees and Citizenship Canada (IRCC).
Spousal Work Permit:
If one spouse is an international student with a study permit, the other spouse can potentially change their status to a dependent. This allows the spouse to apply for a Spousal Open Work Permit (SOWP), authorizing them to work full-time in Canada during their partner's study period.
Proof of Relationship:
When including a spouse on a student visa application, proof of the relationship is typically required. This can include marriage certificates, photographs, or other supporting documents that establish the legitimacy of the relationship.
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Immigration and residency requirements must be met
International students can get married in Canada, just like Canadian citizens and permanent residents. Marriage in Canada is governed by provincial law, and the process typically involves obtaining a marriage license and having a legal ceremony conducted by an authorized officiant.
If you are an international student wishing to get married in Canada, you should be aware of the following immigration and residency requirements:
- One spouse can change their status to a dependent on the other’s study permit, allowing them to apply for a Spousal Open Work Permit (SOWP) and work in Canada while their partner continues to study.
- If you are a Canadian citizen or permanent resident planning to marry an international student, you should be aware that your new spouse may not be able to automatically live or work in Canada. They will need to apply for the appropriate visas or permits.
- Marrying a Canadian citizen does not automatically grant Canadian citizenship to the spouse of another country. However, your adopted country may not recognize your Canadian citizenship and may prevent Canadian consular officers from helping you.
- If you are planning to get married outside of Canada, you should learn about the customs and laws on relationships and marriage in the country where the marriage will take place. Local laws may differ significantly from Canadian laws regarding women’s rights, premarital sex, child custody, and other issues.
- You should also travel to your destination country with a return ticket, enough money to stay in a hotel, and information on how to contact the nearest Canadian government office abroad in case of problems.
- The documents you will need to get married outside of Canada will depend on your circumstances and the country where you plan to marry. You may need to have documents translated and authenticated in Canada and/or stamped by a consular official of the marriage country.
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Frequently asked questions
Yes, two international students can get married in Canada. Marriage in Canada is governed by provincial law, and international students can get married just like Canadian citizens and permanent residents.
The process typically involves obtaining a marriage license and having a legal ceremony conducted by an authorized officiant. The authorized officiant can be a judge, justice of the peace, or a registered religious official.
Yes. One spouse can apply for a Spousal Open Work Permit (SOWP), allowing them to work in Canada while the other continues to study.
You will need to obtain a marriage license. Some countries may also require you to provide an authenticated marriage search letter and a single status affidavit before you can get married.
Marriages that are legally performed in a foreign country are usually valid in Canada, and you do not need to register them in Canada. However, it is important to note that marrying a citizen of another country may automatically make you a citizen of that country, which could affect how your Canadian citizenship is recognized and the accessibility of Canadian consular officers.
