Understanding How Marriage and Immigration Interact in Canada
Canadian immigration law and family law overlap in many important ways. Whether you are entering a marriage, ending one, or considering sponsoring a spouse or partner, it is essential to understand your legal responsibilities. Canada places strong protections around marriage validity, children, and the integrity of the immigration system.
Marriage Requirements Under Canadian Law
Canada does not allow more than one legal spouse at a time. Even if someone was legally married to multiple partners in another country, Canadian immigration law recognizes only one spouse.
You also cannot remarry in Canada unless you are legally divorced or your previous spouse has passed away.
Certain actions related to marriage are criminal offences in Canada, including:
- Participating in or performing a marriage involving a child under 16
- Forcing or pressuring someone into marriage
- Conducting a marriage ceremony when one person has not freely consented
- Taking a minor (under 18) outside Canada to force them into marriage
Anyone experiencing forced or unwanted marriage should contact the police immediately for protection and support.
Divorce and Immigration Status
Only a Canadian court can issue a civil divorce. Either spouse can apply, but you must show the marriage has broken down and that arrangements are in place for any children.
Your immigration status as a permanent resident does not depend on staying in an abusive or unhealthy relationship. If you are experiencing abuse from a spouse who is a Canadian citizen or permanent resident, you do not need to remain in the relationship to keep your status.
Immigration Marriage Fraud and Misrepresentation
Entering a marriage only for immigration purposes is illegal.
Some individuals believe marrying a Canadian citizen guarantees permanent residence, but immigration officers are trained to identify:
- rushed marriages
- limited knowledge of each other’s lives or families
- repeated prior marriages or partnerships
- relationships created only for immigration benefits
These situations may be assessed as “relationships of convenience.”
If a relationship is found to be non-genuine, the application can be refused for misrepresentation, and the applicant may be barred from entering Canada for five years.
Risks for Canadian Sponsors
Sponsors should be cautious before agreeing to sponsor a partner they do not know well.
When you sponsor a spouse or partner:
- You are financially responsible for them for 3 years, even if the relationship ends.
- If the sponsored spouse receives social assistance, you must repay it.
- You cannot sponsor another person until the debt is paid.
Do not accept money or incentives to marry someone for immigration purposes. The consequences include criminal charges, financial penalties, and future sponsorship ineligibility.
Risks for Foreign Spousal Applicants
A false marriage is a serious offence.
If you marry or enter a partnership solely to obtain permanent residence, Canadian immigration authorities may:
- refuse your visa
- impose a 5-year entry ban
- record the fraud on your immigration file, affecting all future applications
Even genuine relationships sometimes end—but entering a fraudulent marriage can have long-term consequences.
If You Are in an Abusive Relationship
You do not lose your permanent resident status if you leave an abusive spouse or partner.
Canada’s immigration system provides protections for individuals experiencing:
- physical
- psychological
- financial
- sexual abuse
If safety is an issue, support is available, and immigration status should never prevent you from seeking help.
Contact us to speak with our experienced immigration team at YA Law Corporation about sponsoring your spouse to Canada. Our team brings over 25 years of collective experience in Canadian and U.S. immigration matters.