IMMIGRATION: Proxy marriage…proxy headache

IMMIGRATION: Proxy marriage…proxy headache

Q: I came to Canada as a refugee. After my arrival, my family organized a customary marriage ceremony for me with a girl back home. I was not at the ceremony but I was represented by my brother. She became my wife after the ceremony. In my immigration application I included her as my wife. Later, I did not want the marriage anymore so the families met to dissolve the marriage. Now I want to get married here. Do I need authorization from the Ontario government in order to get a marriage license?

A: A person who was divorced abroad and who wishes to marry in Ontario must obtain authorization from the provincial Minister of Government allowing a marriage license to be issued. The application must be accompanied by a legal opinion from an Ontario lawyer stating why the divorce should be legally recognized here.

That, I am afraid, is the easy part of your question.

The more difficult part of your question concerns whether or not you were ever legally “married”. If your proxy marriage did not create a legal union, then it follows that no divorce is needed.

A marriage that took place outside Canada is recognized for immigration purposes if it is valid “both under the laws of the jurisdiction where it took place and under Canadian law”.

Our immigration department’s policy manual states that “a marriage that is legally recognized according to the law of the place where it occurred is usually recognized in Canada”. Of course, this would not include polygamous marriages or those which are between close relatives since these types of unions are illegal here.

So, if your marriage by proxy is legally recognized in the country where it took place, then from the Canadian point of view, you are legally married and therefore require a legal divorce to dissolve it.
Assuming the family meeting “dissolving” the marriage constitutes a legal divorce where it took place, the foreign divorce will usually be recognized in Canada if your spouse was ordinarily resident in the foreign country for at least one year immediately preceding the divorce application.

If the marriage that took place abroad did not create a legal union, then you might have a different problem if you now deny ever having been legally married. Remember, you described yourself as “married” in your immigration application. If you now take the position that you were never married, your application might be refused by an overzealous officer who may cite you for “misrepresentation”.

I would get a family law specialist to assess the validity of both your marriage and divorce and the advisability of seeking a divorce or an annulment here in order to erase any doubts as to your eligibility to marry.

As you can see, proxy weddings can cause big headaches…and are nowhere near as fun as the real thing.

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Guidy Mamann practices law in Toronto at Mamann & Associates and is certified by the Law Society of Upper Canada as an immigration specialist. Reach him confidentially at 416-862-0000 or at reporter@migrationlaw.com.