Is my non-Canadian fiancé's divorce a problem? - News - Jamaica Gleaner - Tuesday

Is my non-Canadian fiancé's divorce a problem? - News - Jamaica Gleaner - Tuesday | October 23, 2012

Dear Miss Powell,

My fiancé and I are regular readers of your column. My fiancé is a Jamaican living in Jamaica and we are planning to get married in Toronto next year. When I visited the registry office to get the information about what I will need to get a marriage licence, they told me that I need a lawyer's opinion on the validity of my finance's divorce in Jamaica. I showed them a copy of my fiancé's divorce papersand they insisted that I see a lawyer. Why would they doubt his divorce? Why would they need an opinion letter? Should my fiancé get a lawyer in Jamaica or here? How long will this take to be processed? Will this affect whether I can sponsor him to come to Canada later? Please advise as soon as possible, as I have already begun to make plans for our wedding here.

- TD

Dear TD,

Congratulations on your upcoming marriage. You do not need to panic about the request for a lawyer's opinion or think that they doubt your fiancé's divorce. It is the law and standard practice that if a marriage is dissolved or annulled in a foreign jurisdiction (outside of Canada) the parties must obtain permission from the Minister of Government Services before a licence is issued.

It is a simple process, but you must present documents to prove the validity of your fiancé's divorce along with the signed application for marriage licence here in Ontario.

Since the divorce took place in Jamaica, the required documents would be:

1. Original or attested copy of the decree absolute which was granted in the Supreme Court of Jamaica

2. Legal opinion of a lawyer licensed to practise in Ontario, addressed to both applicants. This opinion should give reasons why the divorce or annulment should be recognized in the province of Ontario. The opinion should outline that the court that granted the divorce had jurisdiction to do so according to its own law

3. A Statement of Sole Responsibility signed by both you and your fiancé in the presence of a witness

The process is usually completed within four weeks and your licence and original documents will be returned to either you or your lawyer.

If your fiancé's divorce is valid, after you are married, you should have no problems submitting an application to sponsor him to come to Canada; provided that you are both able to satisfy the requirements for that process. Bear in mind that he will also need to pass the medical and criminal checks.

I recommend that you contact an Ontario lawyer to make this a memorable and stress-free process.

Best wishes!

Deidre S. Powell is a lawyer, mediator and notary public who is a member of the Jamaican and Ontario, Canada, bars, with main office located in Ottawa, Ontario. Her areas of practice are in immigration, commercial, real estate, personal injury, family and administration of estates. Email: info@deidrepowell.com. Subject line: Immigration or telephone: 613-695.8777.

Immigration Corner | What is an Authorisation to Return to Canada?

Immigration Corner | What is an Authorisation to Return to Canada? : Dear Miss Powell, I used to live in Canada, but I was sent home. My cousin is getting married and I have an invitation to attend the wedding. Can I reapply for a visitor’s visa? What are the chances of my application being successful? Thank you Dear WW, A foreign national who has contravened the Immigration and Refugee Protection Act (IRPA) and its regulations can be the subject of a removal order from Canada and may need to apply for an Authorization to Return to Canada (ARC), and a Temporary Resident (visitor’s) visa. The success of your application depends on the reason that you were “sent home”, the type of removal order that was issued against you, the length of time that has passed, as well as your current social and economic situation. At the time of your departure from Canada, did you notify the Canadian Border Services Agency? Did they give you a letter confirming your departure? You should have received

Immigration Corner | Married to a Canadian, will they harass me?

Immigration Corner | Married to a Canadian, will they harass me? : Dear Miss Powell, I am married to a Canadian citizen. Before we were married, I had my visitor’s visa, so I was going back and forth, and he did the same. That works out good for both of us as we are very busy with our work, plus my husband says he... The immigration officer will not “harass” you because you are now married. However, you should expect to provide explanations about the reason for your visit and whether you are considering living or working in Canada. You should be honest with them as you could be barred from Canada for approximately five years for misrepresentation and have difficulties with future applications.

Canadian Citizenship as a Wife

Dear Ms Powell, I am engaged to someone in Canada. What are the requirements to get Canadian citizenship? Do I get citizenship automatically after marrying a Canadian citizen? What if our child is born outside of Canada will our baby get citizenship as well? We just need to know these things as we plan our future together. Thank you for your time. A.C. Dear AC, Congratulations on your engagement. You will not automatically get Canadian citizenship, just by marrying someone in Canada, but there a steps to acquiring same. The critical question is what is your fiancé’s legal status in Canada? Is he a visitor, student, worker, permanent resident, or Canadian citizen? If you get married to a permanent resident or Canadian citizen, you will not automatically get Canadian citizenship. However, there are steps that you can take to acquire Canadian citizenship. Sponsorship Application A Canadian citizen or permanent resident can apply to sponsor his spouse or common law/ conjugal

CANADA IMMIGRATION NEWS AND TIPS

Search This Blog