Phone: +1 (514) 487-2011
  • CONTACT US
  • NEWS
  • LANGUAGES
    • English English
    • Français Français
    • Español Español
    • العربية العربية
    • Português Português
    • Русский Русский
    • עברית עברית

Canada Immigration and Visa Information. Canadian Immigration Services and Free Online Evaluation.

  • HOME
  • PROFILE
    • Immigration Attorney Profile – Colin Singer is an experienced authority on all aspects of Canadian immigration.
    • Authorized by the Government of Canada – Colin Singer has been a licensed immigration lawyer in good standing with a Canadian Law Society for over 25+ years.
    • Our Team – Our team of more than 25 licensed lawyers, immigration consultants and technical staff is ready to provide you with the immigration advice your need.
    • Why Hire an Immigration Lawyer? – The decision to move to Canada is life-changing. A lawyer can help maximize your chances of success and realize your immigration project.
    • Client References – The Quebec law society regulates the way lawyers are allowed to publish references from former clients.
    • Colin Singer Wikipedia Profile

    • Attorney Colin R. Singer

      Colin R. Singer is a licensed immigration lawyer in good standing with a Canadian Law Society during the past 25+ years.

    • Introduction to Immigration.ca Website


    • IMMIGRATION
      • Express Entry Overview
        • Express Entry Immigration Draws
        • Express Entry for Skilled Immigration
        • Comprehensive Ranking System
        • Invitations to Apply for Permanent Residence
      • Federal Skilled Worker
        • Who Qualifies as a Skilled Worker?
        • Eligible Occupations
        • How Can We Help You Immigrate?
      • Federal Skilled Trades
      • Canadian Experience Class

      • Provincial Immigration
        • Alberta
        • British Columbia
        • Manitoba
        • New Brunswick
        • Newfoundland
        • Northwest Territories
        • Nova Scotia
        • Ontario
        • Prince Edward Island
        • Saskatchewan
        • Yukon
      • Quebec Immigration
        • Quebec Skilled Worker
        • Quebec Business Immigration
        • Quebec Experience Program (PEQ)
      • Atlantic Immigration Pilot
        • Rural and Northern Immigration Pilot

      • Sponsorship Immigration
        • Sponsor Your Spouse or Common-Law Partner
        • Sponsor Your Parents & Grandparents
      • Criminal Inadmissibility
        • Impaired Driving Convictions
        • Individual Criminality
        • Organized Crime
        • Rehabilitation
        • Temporary Residence Permits
      • Canadian Citizenship
        • Benefits of Canadian Citizenship
        • Language Requirements
        • Residency Requirements
      • Refugee Immigration

      • BUSINESS
        • Canada offers the most established and widely-used investment-based immigration programs conferring permanent resident status


        • Canada Business Immigration
        • Provincial Entrepreneurs Programs
        • Self-Employed Programs
        • Start-up Visa
          • Eight Things to Know About Canada’s Start-Up Visa Program
        • International Business Immigration Programs
        • Buy a Business

        • Quebec Entrepreneur Program
        • Quebec Investor Program

        • Evaluation Form


          Fill out our FREE Immigration Evaluation Form and we will advise you within 48 Hours if you qualify to Immigrate to Canada.



          Click Here

        • TEMPORARY VISA
          • Canada Temporary Visa Overview – Have you made your decision to come to Canada as a temporary resident? Find out if you require a visa or an eTA.
          • Canada Visit/Tourist Visa – Do you want to visit your family and all the beautiful places Canada has to offer? You may need a tourist visa (TRV) to visit Canada.
          • Electronic Travel Authorization (eTA) – Are you a foreign national exempt from a TRV? You may need an eTA.
          • Canada Student Visa – You have been admitted to your chosen university? It is time to apply for a study permit.
          • Canada Work Permit – You found a sponsoring employer and you are eager to start your experience in Canada? Obtaining a work permit may be the solution for you.
          • Parents and Grandparents Super Visa – If you want your parents or grandparents to come visit for a longer period of time, a super visa may be the best solution.

          • STUDY
            • Why Study in Canada?
            • Student Direct Stream
            • Study in Canada News Articles
            • Study in Canada FAQ

            • Study in Canada: Steps
              • Step-by-Step Guide for International Students
              • How International Students Can Immigrate to Canada
              • Find Universities in Canada
              • Find Colleges in Canada
              • Get Admission to a University or College
              • Language Tests Converter
              • Financial Requirements
            • Work and Study in Canada
              • Work and Study in Canada
              • Internships and Co-Op Programs
              • On-Campus Work
              • Off-Campus Work
            • Work After Graduation
              • Work After Graduation
              • Post Graduation Work Permit
            • Studying in Quebec
              • Conditions to Qualify under PEQ – Graduate of Quebec Stream
              • How to Prove French Abilities under PEQ
              • Financial Requirements to Study in Quebec

            • EMPLOYMENT
              • Employment & Recruitment
                • Canada Priority Residence Program (CPRP)
                • Canada Employers
                • Job Search for Immigrants
                • Recruitment Team
              • Work Permits
                • LMIA-Based Work Permits
                • LMIA-Exemptions
                • Work Permit Exemptions
                • Open Work Permits
                • Global Skills Stream
                • International Mobility Program
                • International Experience Canada Program
                • Working in Quebec
                • Live-in Caregivers
              • The Application Process
                • How to Apply for a Work Permit?
                • What Happens After Submission?
                • How to Change or Extend Your Work Permit?
              • Working While Studying
                • Work on Campus
                • Work off Campus

              • Evaluation Form


                Fill out our FREE Immigration Evaluation Form and we will advise you within 48 Hours if you qualify to Immigrate to Canada.



                Click Here

              FREEEVALUATION
              Friday, 26 June 2015 / Published in 2015

              The Procedures


              Last Updated on June 26, 2015

              3.1The Application

              With effect from June 11, 2015, Citizenship and Immigration Canada (CIC) does not recognise marriages conducted by proxy, telephone, fax, internet or other similar forms of marriage where one or both parties are not physically present during the ceremony for immigration purposes. The sole exception to this are marriages by members of the Canadian Forces.

              The authorities deem an application as locked-in on the date they receive it. However, this is applicable as long as the application meets completeness requirements. It is worth noting that the receipt of an application refers to an application that bears the date-stamp of a Citizenship and Immigration Canada (CIC) office designated to intake applications for a specific permanent resident category or program.

              For temporary residence applications, the authorities consider an application submitted on paper as received on the day the designated Citizenship and Immigration Canada (CIC) intake office date-stamps the application. Similarly, the authorities consider an application submitted electronically as received on the date the applicant submits the application online. The authorities consider an application submitted at a Port of Entry (POE) as received on the date of the examination at the Port of Entry (POE).

              3.5 The Exemption for Canadian Armed Forces Personnel

              The authorities have granted an exemption to members of the Canadian Armed Forces. This is because these individuals often encounter travel restrictions related to their service. Because of this, it is possible that these individuals will not be present at their marriage ceremony. This is so even if they conducted and registered the marriage in a foreign jurisdiction, where it is legally valid. However, it is worth noting that individuals cannot legally conduct or register marriages where one or both parties are not physically present in any province or territory in Canada.

              This exemption only applies to Canadian citizens and permanent residents, who are applying to sponsor a foreign national spouse they married by way of proxy, telephone, fax, internet or similar means, where they could not be physically present because of travel restrictions related to their military service.

              In these situations, officers might ascertain that the marriage took place via one of these excluded means. On confirming this, the officers would need to identify the sponsor’s employer on the IMM 5481 (Sponsorship Evaluation Form). This would enable them to determine whether the sponsor is a member of the Canadian Armed Forces.

              On confirming that the sponsor is (or was) a member of the Canadian Armed Forces, the officer would need to:

              • Send a letter requesting submissions to the applicant or,
              • Conduct an interview with the applicant

              This would enable the officer to determine whether travel restrictions related to military service were responsible for preventing the applicant from being physically present at the marriage ceremony. If this is indeed the case, the officer would need to apply an exemption. Thereafter, the officer would need to continue processing the application as a spouse i.e. FC1.

              3.6 The Considerations

              In some sponsorship applications, the officer might make the decision to refuse the application. In this scenario, the officers would need to consider whether the exemption for Canadian Armed Forces Personnel applies.

              In addition, the officer would need to determine whether the applicant meets the definition of common-law partner. This is especially so if the marriage ceremony took place via proxy, telephone, fax, internet or a similar form where one or both parties were not physically present. Only after determining this can the officer decide to refuse any application. If the officer determines that the applicant meets the definition of common-law partner, the officer would need to consider whether to process the applicant as a common-law partner. This is in accordance with the provisions specified under section 3.8.1.

              Similarly, officers might encounter situations where they find the relationship to be genuine even if the marriage has taken place by proxy, telephone, fax, internet or similar means. They might even find that the applicant does not meet the definition of common-law partner. In this scenario, officers would need to make the decision to refuse any application. However, prior to doing so, they would need to assess whether sufficiently compelling circumstances exist for them to consider applying Humanitarian and Compassionate (H&C) considerations for overcoming the regulation. This might include their having to consider situations pertaining to the best interests of the child. This is in accordance with the provisions specified under section 3.8.2.

              The Border Services Officers (BSOs) of the Canada Border Services Agency (CBSA) would need to review all the considerations specified in section 3.6. Thereafter, they would need to process the application accordingly prior to deciding to refuse the application because of an excluded relationship.

              3.7 The Refusal

              Situations could arise where the officer determines that the applicant or the spouse were not physically present during the marriage ceremony. As such, the officer would deem that the applicant or the spouse do not qualify as common-law partners. In addition, the officer might be of the view that the application does not warrant applying Humanitarian and Compassionate (H&C) considerations. In this scenario, the officer would be justified in refusing the application, based on the marriage meeting the definition of an excluded relationship under sections R5, R117 (9) (c.1) and R125 (1) (c.1).

              On refusing the application, the officer would need to inform the applicant that:

              • Under the applicable regulations of the Immigration and Refugee Protection Regulations (IRPR) i.e. sections R5, R117 (9) (c.1) and / or R125 (1) (c.1), the authorities deem the applicant’s marriage as an excluded relationship and,
              • The authorities only consider marriages where both parties were physically present at the ceremony as valid in the immigration context

              However, officers would do this only if the relationship meets all the other specified requirements.

              It is worth noting that family class applications would continue to have comprehensive bona fides assessments. This is in accordance with the provisions specified under section R4 (1). Therefore, officers would be able to detect and refuse relationships that are not genuine under the provisions specified in R4 (1).

              Situations could arise where officers come across applicants who do not disclose that they conducted their marriage by proxy, telephone, fax, internet or similar means, with the intent of withholding this information. In this scenario, the officers have the authority to rule that the applicant has:

              • Misrepresented a material fact or,
              • Withheld a material fact

              In this scenario, the officers would need to write an A44 report, based on the provisions specified under section A40 (1).

              Genuine Marriages Conducted by Proxy, Telephone, Fax, Internet or Similar Means

               Source: Citizenship and Immigration


              Tagged under: Excluded marriage Procedures canada immigration

              Are you eligible to Immigrate to Canada?

              Find out if you are eligible to immigrate to Canada in less than 48 hours by filling our FREE Online Evaluation form. Click Here. 

               

              Close

              Operational Bulletins

              • 2018
              • 2017
              • 2016
              • 2015
              • 2014
              • 2013
              • 2012

              CANADA NEWS ARTICLES

              Recent Posts

              • Program-Specific Canada Express Entry Draws Continue With 374 PNP Candidates Invited

                Program-Specific Canada Express Entry Draws Continue With 374 PNP Candidates Invited

              • Biden Inauguration: U.S. Immigration Overhaul Means Greater Competition For Canada

                Biden Inauguration: U.S. President’s Immigration Stance Means Competition For Canada Skilled Workers

              Site Search

              Subscribe to Our Newsletter

              Interested Candidates

              Find out whether you qualify to Canada by completing our free evaluation form We will provide you with our evaluation within 1-2 business days.

              • Free Evaluation Form

              Interested Agents

              Immigration.ca welcomes affiliations with qualified agents. Follow the link below to find out more.

              • Contact Us

              Interested Employers

              Kindly contact us here to receive further information.

              • Contact Us


              News

              Read more news about Canada Immigration.

              • Latest News

              Follow Immigration.ca

              facebook
              twitter
              Follow
              youtube
              linkedin

              What You Can Read Next

              Program-Specific Canada Express Entry Draws Continue With 374 PNP Candidates Invited

              Program-Specific Canada Express Entry Draws Continue With 374 PNP Candidates Invited

              20 January 2021 By Colin R. Singer in Canada Immigration News Articles, Express Entry
              Biden Inauguration: U.S. Immigration Overhaul Means Greater Competition For Canada

              Biden Inauguration: U.S. President’s Immigration Stance Means Competition For Canada Skilled Workers

              20 January 2021 By Colin R. Singer in Canada Immigration, Canada Immigration News Articles, USA Immigration
              What To Do If You Didn't Get Selected For Canada's Parents and Grandparents Program

              What To Do If You Didn’t Get Selected For Canada’s Parents and Grandparents Program

              20 January 2021 By Colin R. Singer in Canada Immigration News Articles, Family sponsorship immigration
              Nova Scotia Immigration Targets Financial Offers Under NOC 1114 In New Draw

              Nova Scotia Immigration Targets Financial Offers Under NOC 1114 In New Draw

              19 January 2021 By Colin R. Singer in Canada Immigration News Articles, Nova Scotia, Provincial News Articles
              Canada’s Prime Minister Makes Bringing In Healthcare Workers A Top Priority

              Canada’s Prime Minister Makes Bringing In Healthcare Workers A Top Priority

              19 January 2021 By Colin R. Singer in Canada Immigration, Canada Immigration News Articles, Coronavirus

              Canada Immigration

              • Home
              • Profile
              • Immigration
              • Temporary Visa
              • Study
              • Employment
              • Immigration.ca News

              Immigration.ca Network

              • Latest CRS Score
              • SkilledWorker
              • Investment Immigration
              • Buy a Business & Move to Canada
              • GRN Montreal
              • Canada Immigration News
              • Colin Singer

              Other Links

              • Agents and Affiliates
              • Find Our Affiliates
              • Canada Case Law
              • Immigration Wiki
              • Immigration Manuals
              • Operational Bulletins
              • International Business Programs
              • Universities Evaluation Form
              • Colleges Evaluation Form
              • Podcasts
              • Videos
              • eBook Series
              • Publications
              • Wikipedia

              Help

              • Free Immigration Evaluation
              • Immigration Discussion Forum
              • Immigration FAQ
              • Contact Us
              • Telephone Consultation
              • Download Our New Mobile App
              • Link to Us
              • Sitemap
              • Disclaimer
              • Privacy Statement
              • Fraud Alert

              Contact

              Tel: +1 (514) 487-2011


              Fax: +1 (514) 487-2385



              Canadian Citizenship & Immigration Resource Center (CCIRC) Inc.

              Montreal Head Office
              4999 Ste-Catherine St. W, Suite 515
              Montreal, Quebec
              Canada, H3Z 1T3

              Toronto Office (By appointment)

              Mana Hosseini, B.A., M.B.A., JD
              President, Start Up Visa
              Business Advisory Group

              181 University Ave, Suite 2200
              Toronto, Ontario
              Canada, M5H 3M7

              Email: [email protected]
              Tel: +1 (514) 487-2011 
              Fax: +1 (416) 644-4675


              ©Copyright CCIRC Inc. 2020. All rights reserved.

              TOP
              • CONTACT US
              • NEWS
              • LANGUAGES
                • English English
                • Français Français
                • Español Español
                • العربية العربية
                • Português Português
                • Русский Русский
              Immigration.ca Logo
              • Free Evaluation
              • Home
              • Profile
                • Immigration Attorney Profile
                • Authorized by the Government of Canada
                • Our Team
                • Why Hire an Immigration Lawyer?
                • Client References
                • Colin Singer Wikipedia Profile
                • Back
              • Immigration
                • Canada Immigration Overview
                • Express Entry Overview
                  • Express Entry
                  • Federal Skilled Worker
                  • Federal Skilled Trades
                  • Canadian Experience Class
                  • Back
                • Provincial Immigration
                • Quebec Immigration
                • Business and Investment Immigration
                • Atlantic Immigration Pilot
                • Sponsorship Immigration
                • Refugee Immigration
                • Criminal Inadmissibility
                • Citizenship
                • Back
              • Temporary Visa
                • Canada Temporary Visa Overview
                • Canada Visit/Tourist Visa
                • Electronic Travel Authorization (eTA)
                • Canada Student Visa
                • Canada Work Permit
                • Parents and Grandparents Super Visa
                • Back
              • Business
                • Canada Business Immigration
                • Provincial Entrepreneurs Programs
                • Self-Employed Programs
                • Start-up Visa
                • International Business Immigration Programs
                • Buy a Business
                • Quebec Entrepreneurs Program
                • Quebec Investor Program
                • Back
              • Study
                • Canada Study Assessment
                • Why Study in Canada?
                • Student Direct Stream
                • Study in Canada: Steps
                  • Study in Canada: Steps
                  • Step-by-Step Guide for International Students
                  • How International Students Can Immigration to Canada
                  • Find Universities in Canada
                  • Find Colleges in Canada
                  • Get Admission to a University or College
                  • Language Tests Converter
                  • Financial Requirements
                  • Back
                • Work and Study in Canada
                  • Work and Study in Canada
                  • Internships and Co-Op Programs
                  • On-Campus Work
                  • Off-Campus Work
                  • Back
                • Work After Graduation
                  • Work After Graduation
                  • Post Graduation Work Permit
                  • Back
                • Studying in Quebec
                  • Conditions to Qualify under PEQ – Graduate of Quebec Stream
                  • How to Prove French Abilities under PEQ
                  • Financial Requirements to Study in Quebec
                  • Back
                • Study in Canada News Articles
                • Study in Canada FAQ
                • Back
              • Employment
                • Employment & Immigration Programs
                  • Employment & Recruitment
                  • Canada Priority Residence Program (CPRP)
                  • Canada Employers
                  • Job Search for Immigrants
                  • Back
                • Work Permits
                  • Work Permits
                  • LMIA-Based Work Permits
                  • LMIA-Exemptions
                  • Work Permit Exemptions
                  • Open Work Permits
                  • Global Skills Stream
                  • International Mobility Program
                  • International Experience Canada Program
                  • Working in Quebec
                  • Live-in Caregivers
                  • Back
                • The Application Process
                  • How to Apply for a Work Permit?
                  • What Happens After Submission?
                  • How to Change or Extend Your Work Permit?
                  • Back
                • Working While Studying
                  • Work on Campus
                  • Work off Campus
                  • Back
                • Back
              Free Immigration Evaluation
              Click Here

              Free Immigration Evaluation Forms

              • Skilled Worker Assessment
              • Business Immigration Assessment
              • Start-up Visa Assessment
              • Family Class Sponsorship Assessment
              • Canada Study Assessment
              • Telephone Consultation
              Send this to a friend