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Marriage Overseas
Q: What issues should I be aware of if I plan to travel abroad to meet a marriage partner?
A: Going abroad to meet a partner must be done with caution, especially if the relationship began on the Internet. Despite some successes, international “cyber-dating” often goes wrong. A potential partner may consider marriage to a Canadian citizen to be a ticket to an immigrant visa. Many Canadians have quit their jobs, given up their homes and sold all their belongings in anticipation of an overseas union that immediately fails or never occurs.
It is always wise to learn beforehand about the customs and laws regarding relationships and marriage in the country where a marriage will occur. How the country views women’s rights, premarital sex, child custody and other issues may be quite different from what we are used to in Canada. Failing to find out in advance has resulted in huge problems for many Canadians. It is also highly recommended to travel to the destination country with a return ticket, enough money to stay in a hotel and, in case of problems, information on how to contact the nearest Canadian government office. Airline tickets, money and passports should be carefully safeguarded.
Q: What are the legal requirements for a foreign marriage?
A: Your best source of information is the nearest embassy or consulate of the country where the marriage will occur. Canadian government offices abroad can also provide sources of information about laws and regulations in the countries where they are located.
Most countries require that you produce a valid Canadian passport as well as a certificate (issued by your province or territory) stating that there are no legal impediments to your marriage. You should obtain the certificate in Canada before your departure.
If you are already abroad, you may obtain a Statement in lieu of Certification of Non-impediment to Marriage Abroad from the nearest Canadian government office abroad. Note that this statement may not be sufficient proof of a non-impediment to marriage for some foreign governments.
Other documents may also be mandatory, such as a birth certificate, premarital blood test certificate, divorce papers (if applicable), death certificate (for a deceased spouse) and statement of parental consent (for persons under the age of 18). You may be required to have all documents translated into the language of the country where the marriage will occur and/or authenticated in Canada by a consular official of that country.
Q: Will a marriage performed in a foreign country be recognized in Canada?
A: Marriages that are legally performed abroad are usually valid in Canada. Inquiries regarding the validity of a foreign marriage should be directed to the Vital Statistics Office of the province or territory where the couple will live.
Q: How will my citizenship be affected if I marry a foreign national?
A: By marrying a national of another country, you may automatically become a citizen of that country. Acquiring a second nationality will not affect your Canadian citizenship. However, the adopted country may no longer recognize your Canadian citizenship and may prevent Canada from providing you with consular assistance. Spousal consent is required to leave some countries, and Canadian citizenship does not exempt you from this rule. If you have questions or concerns, contact the nearest Canadian government office abroad or refer to our booklet Dual Citizenship.
Q: I am married to a person of the same sex or plan to marry a same-sex partner overseas. Will our marriage be recognized and should we anticipate complications while abroad?
A: Although same-sex marriages are legal in Canada, they are not recognized in many countries, apart from Belgium, the Netherlands and Spain. Same-sex civil unions are more widely recognized, for example in Denmark, France, Iceland and the United Kingdom. Attempting to enter other countries as a same-sex married couple may result in refusal by local officials. In addition, homosexual or lesbian activity is a criminal offence in some countries and could result in a prison sentence. For specific information, consult our Country Travel Reports or the destination country’s embassy or consulate in Canada.Q: If my overseas marriage does not work out or I want to end the relationship, can I get divorced? Do I have other options?
A: Only a lawyer with expertise in matrimonial law can address these concerns. The Government of Canada cannot intervene in private legal matters. However, should you need legal counsel abroad, officials at the nearest Canadian government office can provide you with a list of local lawyers.
Q: Should I be concerned about marital crime or fraud abroad? What should I do if I am the victim of such an offence?
A: Growing numbers of Canadian citizens are caught up in marriage-related crime or fraud overseas. Their cases include, among others, extortion by foreign in-laws, scams involving cyber-romance, and being duped into sponsoring a spouse who bolts upon arrival in Canada. In such situations, you will need to hire a lawyer with expertise in matrimonial law. The Government of Canada has no jurisdiction in private legal matters and cannot influence legal proceedings in a foreign country. However, officials at the nearest Canadian government office can provide a list of legal representatives in the country concerned.
Q: If I marry a foreign citizen abroad, can my spouse prevent me or my children from returning to Canada?
A: In many countries, a husband can lawfully impose travel restrictions on his wife and children, preventing their return to Canada. Local laws may also allow him to retain the woman’s passport and assets, even if the couple is divorced.
Q: Is there a difference between arranged marriage and forced marriage? What should I know about my rights before entering into such a union?
A: It is important to distinguish between arranged marriage and forced marriage (see the next question). Arranged marriage is an age-old tradition that is commonplace in many countries. Typically, parents recommend marriage candidates to their children, who have the right to choose and to get to know each other before making a decision, whereas forced marriage is conducted without the consent of both partners. Unless you are coerced into marriage, the union does not constitute a violation of your human rights. Nevertheless, you should talk to a lawyer if you have concerns.
Q: What can I do if I am forced into marriage in a foreign country?
A: There are reports of Canadian citizens being forced into marriage without prior knowledge or consent. Forced marriages have occurred in a number of countries, such as Afghanistan, Algeria, Bangladesh, Egypt, Ethiopia, India, Libya, Morocco, Pakistan, Somalia and Sudan. Parents, relatives and communities may use relentless pressure, emotional blackmail, threats, abduction, imprisonment and physical violence to coerce people to enter into marriage. While both men and women experience forced marriage, it is most commonly perpetrated against women, who may be unable to return to Canada.
Canada opposes the practice of forced marriage and urges all countries to respect their international human rights obligations relating to free and full consent to marriage. Forced marriage constitutes a human rights violation under international law to which Canada is a signatory.
If you are in Canada and you believe that you are being forced to travel overseas to marry, you should contact provincial social welfare authorities and your local police. If you are already overseas, you should contact the nearest Canadian government office abroad or contact the Emergency Operations Centre at 1-800-267-6788 (in North America) or call 613-996-8885 collect (where available).
Q: What kind of consular assistance is available from the Government of Canada if I experience marriage-related problems abroad?
A: Consular officials can help you if you are a victim of abuse, require assistance returning to Canada, need a list of lawyers, are concerned about fair treatment under a country’s laws or need assistance in a foreign country. For assistance, you should contact the nearest Canadian government office abroad or contact the Emergency Operations Centre at 1-800-267-6788 (in North America) or call 613-996-8885 collect (where available).
Q: Can I get married at a Canadian embassy or consulate abroad?
A: Marriages cannot take place on the premises of Canadian embassies or consulates. Canadian consular officials do not perform marriage ceremonies, and the validity of a marriage abroad does not depend on their presence. They can, however, notarize foreign marriage documents or add a married or conjugal name to a passport (fees apply).
