This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.
The federal and provincial governments share constitutional power with respect to marriage (and divorce). The federal government has broad legislative responsibility for divorce and for aspects of capacity to marry or who can legally marry whom. The provinces are responsible for laws about the solemnization of marriage.
All provincial and territorial marriage acts:
Marriages that take place in Canada must meet federal requirements with respect to the right to marry and provincial requirements with respect to solemnization. The choice of whether or not to marry is constitutionally protected.
IRCC cannot require couples to marry in order to immigrate. However, if they are not married, they must be common-law partners. There is no provision in IRPA for fiancé(e)s or intended common-law partners. The expectation is that a Canadian or permanent resident and a foreign national will get married or live together and establish a common-law relationship before they submit sponsorship and immigration applications.
For marriages that took place in Canada on or after June 19, 2015
The age of majority is 19 in
The age of majority is 18 in
For marriages that took place in Quebec after June 8, 2016, the marriage must have been authorized by a court in Quebec if one or both spouses are between 16 and 18 years of age. Registration of the marriage in Quebec is acceptable proof that the requirements were complied with.
Note: Both spouses must be at least 18 years of age at the time of submitting their sponsorship application for the marriage to be recognized for immigration purposes. While the marriage of a minor may be legally valid when and where it took place, spouses under the age of 18 are not considered members of the family class [R117(9)(a)].
Once an underage spouse turns 18, they can be considered to be a member of the family class. This applies even if the spouse married at a younger age. For example, a person who was married at 16 is eligible to be sponsored as a spouse when they turn 18.
Note: It is a crime to force a person to marry against their will or to participate in or preside over a marriage ceremony knowing that one of the parties did not consent to marry. It is also an offence to take a person under 18 who ordinarily lives in Canada to another country for the purpose of forcing them to marry.
To contract a valid marriage, a person must have the “capacity” to do so. An element of capacity is that two people are not blood relatives, i.e. related by “consanguinity”.
The federal Marriage (Prohibited Degrees) Act prohibits marriage between persons related lineally by consanguinity or adoption, and between siblings, whether brother and sister by whole blood (same parents), half-blood (one common parent) or by adoption.
The following relationships, whether by consanguinity or adoption, fall within the prohibited degrees. In Canada, applicants may not marry their:
In Quebec these relationships are repeated in the Civil Code.
A marriage that took place abroad must be valid both under the laws of the jurisdiction where it took place and under Canadian federal law in order to be considered legal for immigration purposes. A marriage that is legally recognized according to the law of the place where it occurred is usually recognized in Canada, but the onus is on applicants to prove that their marriage is legal.
If you applied for a new temporary resident visa, or a study or temporary work…
Today, I’m here to share some of the results of that ongoing work, and the…
To ensure the temporary residents we welcome to Canada can be supported adequately, the Honourable…
Upload a file The form could not be submitted because errors were found. Error: We…
Ottawa—Canada is a top destination for international students, thanks to our high-quality educational institutions; our welcoming,…
How we calculated this processing time This processing time tells you how long it took…