Getting Married in Canada as a Foreigner: What You Need to Know

Are you wondering how to get married in Canada as a foreigner? When planning a wedding in Canada, foreign nationals may have questions about their eligibility, necessary documents, and legal requirements. Canada’s inclusive approach to marriage allows foreigners to marry under Canadian law. Whether you're planning to marry a Canadian citizen or another foreign national, understanding the process will ensure a smooth journey toward your big day.

In this guide, we’ll cover key information on the eligibility criteria, required documents, and the specific steps involved in getting married in Canada to a foreigner. Whether you're applying for a visitor visa, engaging in a spousal sponsorship, or just seeking clarity on what to expect, this article will provide the essentials you need to navigate the legal landscape. Let’s dive in!

Can Foreigners Get Married in Canada?

Yes, foreigners can marry in Canada. Whether you're a visitor or a resident, you can legally marry in Canada, provided you meet the basic legal requirements set forth by Canadian law. Whether you’re marrying a Canadian citizen in Canada or a foreigner, the requirements are pretty much the same, and these apply to everyone. For example, you must have entered and remain inside the country in a legal status. Below, we discuss more about the specifics.

Can Two Foreigners Get Married in Canada?

Yes, and the requirements are the same. Foreign nationals are eligible to marry in Canada if they meet the following basic criteria:

• Legal Age: Both parties must be at least 16 years old. However, those under 18 may need parental consent depending on the province. Some provinces don’t allow underage marriage altogether.

• Not Already Married: Both parties must not be married to someone else at the time of the wedding. Canada does not recognize polygamy, so both individuals must be legally single.

• Mental Capacity: Both individuals must be capable of understanding the nature of the marriage and must consent freely.

Basic Legal Requirements for Foreign Nationals

As a foreigner, you must fulfill certain legal requirements before getting married in Canada, just like everyone else:

• Marriage licence: You need to obtain a marriage licence from a provincial or territorial government, which is valid across Canada.

• Proof of Identity: This typically includes your passport, birth certificate, or government-issued identification. For non-residents, a passport is often required.

• Residency: You do not need to be a Canadian resident to get married in Canada, but both individuals must provide proof of their legal identity.

• Witnesses: Two witnesses who are at least 18 years old must be present at the ceremony to sign the marriage certificate.

The process is straightforward, but it’s important to check the requirements of the province where you plan to marry, as rules can vary slightly from one jurisdiction to another.

Documents Needed to Get a Marriage Licence in Canada

Now, one of the requirements to get married in Canada is a marriage licence. You'll need to provide several documents to obtain one. The marriage licence application process is relatively simple, but it's important to ensure that you have all the required paperwork. Here's a breakdown of the necessary documents:

1. Proof of Identity

Both individuals must provide valid photo identification to prove their identity. For foreign nationals, this is typically a passport. If you don’t have a passport, an official government-issued ID or birth certificate might also be acceptable, but check with the local authorities to confirm their specific requirements.

2. Birth Certificate

You may need to present a translated birth certificate to prove your date of birth. If your name or other details are different on your passport or other documents, you may be asked to clarify this with additional supporting documents.

3. Immigration Status Documents

If you're in Canada on a visitor visa, work visa, or other temporary status, you’ll need to present proof of legal status in the country. This can be a visa, study permit, or work permit. Canadian authorities want to ensure that foreign nationals are legally allowed to be in the country while applying for a marriage licence. If you’re in the country illegally, you won’t be able to get married.

4. Authentication and Translation of Foreign Documents

If you are submitting foreign documents such as a birth certificate or other records not in English or French, you'll need to have them translated. Certified translation services are required to ensure that all documents are accurate and meet Canadian legal standards.

How to Authenticate and Translate Foreign Documents

If you're bringing documents from another country, it’s crucial to have them properly authenticated and translated into English or French. To authenticate a document, you may need to obtain an apostille or go through the process of legalizing the document with the issuing country's embassy or consulate. Once authenticated, you can have the document certified by a professional translator.

To avoid issues with your immigration or marriage process, using a certified translation service like MotaWord ensures your documents meet the required legal standards. MotaWord provides certified translation services and offers quick, affordable options that adhere to the specific needs of Canadian immigration and legal procedures. Get your documents certified within 12 hours with expert translations for marriage and other legal purposes​.

Can I Marry Someone in Canada on a Visitor Visa?

Yes, if you’re in Canada on a visitor visa, you can marry someone in Canada. However, there are a few things to keep in mind:

• Immigration Status: Being on a visitor visa does not automatically grant you the right to stay in Canada after your marriage. If your goal is to stay in Canada permanently, you will need to apply for a spousal sponsorship or another immigration program. When it comes to marriage immigration, Canada is slightly different from the US.

• Marriage Does Not Grant Citizenship: Marrying a Canadian citizen or permanent resident does not automatically make you a citizen. You will still need to go through the appropriate immigration channels to adjust your status if you plan to live in Canada after the marriage.

Ensure that you’re aware of the implications for your immigration status before you marry, as this will affect the steps you need to take afterward.

What You Need to Marry a Canadian Citizen

Marrying a Canadian citizen involves the general marriage requirements, which remain the same. However, if you plan to immigrate to Canada through marriage, you will need to navigate the immigration process as well, although that’s a separate set of requirements.

Documents You’ll Need for Spousal Sponsorship

Once married, the next step is often applying for spousal sponsorship, which allows immigrants to Canada through marriage. To do this, you'll need to gather specific documents:

• Proof of Relationship: You will need to show that your relationship is genuine, which might include things like photos together, messages, and travel records.

• Marriage Certificate: You will need to provide a marriage certificate to prove the legality of your union.

• Police Certificates: Both the Canadian and foreign spouses may need to provide police certificates to prove there are no criminal convictions.

• Financial Proof: The Canadian sponsor must show they can support their spouse financially without relying on social assistance.

These immigration documents will be reviewed as part of the sponsorship application process, which can be lengthy. It’s essential to make sure all documents are correct and translated into English or French, if necessary.

Documents for Homosexual Marriage in Canada

Canada is one of the pioneers in recognizing same-sex marriages, and the legal process is the same for same-sex couples as it is for heterosexual couples. The documents required for a gay wedding in Canada are identical to those needed for any other marriage. This includes:

• Marriage licence: Same-sex couples must obtain a marriage licence from their province or territory.

• Proof of Identity: Valid photo ID, such as a passport, must be provided to verify identity.

• Proof of Legal Status: For foreign nationals, proof of your legal status in Canada (e.g., visa or permit) must be shown.

Once married, the couple can apply for spousal sponsorship or any other relevant immigration program, just as any other couple would. The marriage certificate, in this case, is as legally valid as it would be for any other union, ensuring full rights and recognition for same-sex couples in Canada.

Preparedness Allows You to Have a Smooth Marriage Process

The process of getting married as a foreigner in Canada can seem overwhelming at first, but with the right preparation and understanding, it can be a smooth and stress-free experience. Gathering the necessary documentation early and ensuring that you meet all the legal requirements will save you time and avoid complications down the road.

One of the best ways to ensure you’re fully prepared is to seek legal counseling or speak with immigration professionals. Immigration laws and marriage regulations can be complex, especially when dealing with international issues, so professional advice is invaluable.

Consulting with legal experts ensures that all documentation is accurate, complete, and in compliance with Canadian laws. They can also guide you through the spousal sponsorship process or help clarify any issues with your immigration status. Additionally, official Canadian government websites provide up-to-date information on marriage laws, documentation requirements, and processes for immigration and spousal sponsorship. These websites are an excellent resource for confirming details and ensuring that your application is handled correctly.

For those looking for professional assistance with document translations, consider reaching out to certified translation services, such as MotaWord, which can help ensure your most important documents are accurately translated and meet Canadian legal standards​​.