Same Sex UK Marriage

Old Dec 28th 2014, 1:25 am
  #1  
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Default Same Sex UK Marriage

UK Same Sex Marriage because law in the UK in March.

The US Immigration documents state that they accept this marriage for Green Card applications but I don't see anywhere that this is also the case for Canada.

In the Family Class documentation it states:

"A marriage that is legally recognized according to the law of the place where it occurred is usually recognized in Canada. A16(1) puts the onus on applicants to prove their marriage is legal where it took place. A marriage, which took place abroad, must be valid both under the laws of the jurisdiction where it took place and under Canadian federal law."

Beyond this very vague statement I can't find anywhere that states what marriages in other countries are accepted under federal law.

I see people have posted several times a statement that says no same sex marriages outside of Canada are recognised but this is from a very old copy of the documentation and the above statement seems to be the latest but it is vague.

Anyone have any experience of this or can point me to an up to date statement from the Canadian authorities that state UK same sex marriages are not accepted as legal marriages in Canada?

Thanks

Mike
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Old Dec 28th 2014, 2:05 am
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Default Re: Same Sex UK Marriage

See section 5.40 and 5.41 on page 29 of this link
http://www.cic.gc.ca/english/resourc...p/op02-eng.pdf

Basically you have to prove the marriage is legal where it took place. If it is chances are it will be legal in Canada.
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Old Dec 28th 2014, 2:15 am
  #3  
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Default Re: Same Sex UK Marriage

I saw that earlier but it is still very vague.

A UK Same Sex Marriage is definitely legal in the UK, accepted in the USA and where it is clearly stated on the US Immigration official sites as being accepted for Green Card applications I still don't see anything on the Canadian sites that is clear on this matter.

The points you mention in that article state:

Some countries allow civil registrations of common-law same-sex and/or common-law opposite- sex partners. Marriages between people of the same sex are legal in some jurisdictions.
Such marriages are recognized for immigration purposes if that marriage is legally recognized according to both the law of the place where the marriage occurred and under Canadian law.

Sounds clear until I get to the last 4 words "and under Canadian law. So still don't know if a UK legal same sex marriage is legal under Canadian law.

Clear as mud.

Just don't want to go down the Spouse route if months down the line they say rejected as spouse because they don't recognise the UK same sex marriage legislation and therefore have to start again as Common Law.
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Old Dec 28th 2014, 2:30 am
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Default Re: Same Sex UK Marriage

Im pretty sure the marriage would be recognized as prior to the UK recognition there was a case involving a UK case
Recognition of foreign legal unions[edit]
In Hincks v. Gallardo 2013 CanLII 129 (7 January 2013), the Ontario Superior Court of Justice decided that same-sex partners who entered into UK civil partnerships are to be treated as married for the purposes of Canadian law.[77]

Since the UK law has been changed I don't foresee the Canadian Govt not recognizing the marriage.
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Old Dec 28th 2014, 4:23 am
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Default Re: Same Sex UK Marriage

ok. Great . Thanks for the information.
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