Canada remains one of the most desirable destinations for immigrants due to its stable economy, high standard of living, and inclusive immigration policies. For foreigners in love with Canadian citizens or permanent residents, marriage can open the door to permanent residency and eventual citizenship. This article outlines every crucial detail, requirement, and actionable step to successfully marry and live in Canada as a foreigner.
Understanding Canadian Marriage Laws for Foreigners
Canada permits marriage between foreigners and Canadian citizens or permanent residents, regardless of nationality, religion, or gender. However, the marriage must meet the legal criteria set by Canadian federal and provincial laws.
Legal Eligibility to Marry in Canada
- Both partners must be 18 years or older (or have parental consent if younger).
- Neither party can be currently married (must be legally divorced or widowed).
- The marriage must be consensual and not fraudulent.
- Marriages involving close blood relatives are prohibited.
Valid Types of Marriage in Canada
- Civil Marriage: Performed by a licensed officiant or a justice of the peace.
- Religious Marriage: Performed by a religious official registered with the province.
- Proxy marriages are not recognized if one partner is not physically present.
Documents Required to Get Married in Canada
Foreigners marrying in Canada must provide the following documents:
- Valid passport
- Birth certificate (translated into English or French if necessary)
- Single status affidavit or Certificate of No Impediment
- Divorce certificate or death certificate of former spouse (if previously married)
- Marriage license from the province or territory where the marriage will take place
All non-English/French documents must be officially translated and notarized.
Step-by-Step Process to Marry in Canada as a Foreigner
1. Choose a Province and Understand Local Requirements
Each province in Canada may have its own marriage procedures and licensing rules. For instance:
- Ontario: Requires a $150 license fee and a 90-day valid marriage license.
- British Columbia: Marriage license valid for 3 months.
- Quebec: Requires a 20-day publication of banns (intent to marry).
2. Apply for a Marriage License
Visit a municipal office or licensing agent with the required documents and identification. A marriage license does not mean you’re married—it only gives you legal permission to hold a wedding.
3. Hold a Legal Marriage Ceremony
A licensed officiant or religious leader must perform the ceremony. At least two witnesses are required. After the ceremony, the marriage license is signed and submitted to the vital statistics office for official registration.
Moving to Canada After Marriage: Sponsorship Pathway
Marriage does not grant automatic immigration status in Canada. The Canadian spouse must apply to sponsor their foreign partner through Family Class Sponsorship under Immigration, Refugees and Citizenship Canada (IRCC).
Eligibility Requirements for the Canadian Sponsor
- Must be a Canadian citizen or permanent resident
- Must be at least 18 years old
- Cannot be in prison, bankrupt, or under a removal order
- Must not have sponsored another spouse in the past 5 years
Types of Sponsorship Applications
| Application Type | Description |
|---|---|
| Inland Sponsorship | If the foreign spouse is already living in Canada legally. |
| Outland Sponsorship | If the foreign spouse is outside Canada during the application process. |
Key Documents for Sponsorship
- IMM 1344: Application to Sponsor
- IMM 5532: Relationship Information and Sponsorship Evaluation
- IMM 5406: Additional Family Information
- Proof of genuine relationship: photos, chats, travel records, financial documents
Processing Time & Fees
- Average processing time: 12 months
- Government fee: $1,080 CAD
Permanent Residency and Citizenship After Marriage
Obtaining Permanent Resident (PR) Status
Once the sponsorship is approved, the foreign spouse becomes a Canadian permanent resident with access to healthcare, work, and study rights.
Becoming a Canadian Citizen
To become a citizen, the foreign spouse must:
- Have lived in Canada for 3 out of the last 5 years
- Pass a citizenship test and language requirements (English or French)
- Have filed income taxes for 3 years (if applicable)
Common Reasons for Rejection of Marriage-Based Sponsorship
- Inadequate documentation
- Suspicion of marriage fraud
- Missing proof of relationship
- Sponsor’s ineligibility
- Unpaid government fees
Maintaining a Genuine Relationship: IRCC Scrutiny
To prevent fraudulent immigration through fake marriages, IRCC conducts interviews, background checks, and evaluates relationship evidence. Relationships should be:
- Emotionally, physically, and financially supportive
- Involving shared responsibilities and life plans
- Supported by mutual communication and family involvement
Can You Work While Waiting for PR?
If applying through inland sponsorship, the foreign spouse can apply for an open work permit after submission of the sponsorship application. This enables them to legally work while awaiting permanent residency.
Frequently Asked Questions (FAQ)
Can I visit Canada on a tourist visa and get married?
Yes, you can. However, you cannot stay permanently unless your spouse sponsors you for PR.
Does marrying a Canadian guarantee PR?
No. The marriage must be genuine, and you must go through the full sponsorship process.
Can same-sex couples get married in Canada?
Yes. Canada recognizes and supports same-sex marriages from all nationalities.
How long does the sponsorship process take?
Typically 12 months, though it can vary depending on the completeness of your application and background checks.
Final Thoughts
Marrying and living in Canada as a foreigner is a multi-step process that requires legal documentation, patience, and transparency. A successful outcome depends on thorough preparation, honest intentions, and compliance with all immigration and provincial marriage laws. Whether you’re already in Canada or planning to join your partner soon, following these steps will position you for a smooth and lawful transition to life together in Canada.