Love knows no borders - even during a pandemic
On This Page You Will Find:
- Emergency travel options for cross-border couples during COVID
- Why proxy marriages will destroy your immigration chances
- Hidden alternatives to marriage that still qualify for sponsorship
- Processing delays you must prepare for (12+ months longer)
- Exact steps to reunite with your foreign partner legally
Summary:
The pandemic has trapped thousands of Canadian-foreign couples in immigration limbo, with 20% of all landed immigrants coming through spousal sponsorship. Travel bans, closed borders, and 18+ month processing delays have created unprecedented challenges. However, specific legal pathways still exist - from common-law partnerships to humanitarian grounds - that can reunite couples without traditional marriage ceremonies. This guide reveals the exact strategies immigration lawyers use to navigate COVID restrictions and get foreign spouses to Canada legally.
🔑 Key Takeaways:
- Proxy marriages are completely invalid for Canadian immigration - avoid at all costs
- Common-law partnerships (1+ year cohabitation) work just as well as marriage
- Conjugal relationships may qualify if COVID prevented cohabitation
- Processing times now exceed 18 months due to pandemic backlogs
- Humanitarian grounds can override normal requirements in exceptional cases
Sarah Chen stared at her laptop screen at 2 AM, tears streaming down her face. Her American fiancé Jake couldn't cross the border for their planned wedding in Toronto. The venue was booked, the dress was ready, but COVID-19 had other plans. Like thousands of couples worldwide, they were trapped in immigration purgatory - together in love, but separated by closed borders and complex regulations.
If you're facing a similar nightmare, you're not alone. The pandemic has created unprecedented challenges for international couples trying to build a life in Canada. But here's what immigration lawyers don't want you to discover: there are still legal pathways to reunite with your foreign partner, even during these extraordinary times.
Why Proxy Marriage Will Destroy Your Immigration Dreams
When travel becomes impossible, proxy marriage seems like the obvious solution. Don't fall for this trap.
Canadian Immigration Regulations explicitly reject proxy marriages in three separate sections (R117(9)(c.1), R125(1)(c.1), and R5(c)). The law is crystal clear: both spouses must be physically present at the exact same location during the ceremony. No exceptions exist for civilians, though limited provisions apply to Canadian Armed Forces members.
Here's the devastating reality: if you attempt a proxy marriage, Immigration, Refugees and Citizenship Canada (IRCC) will reject your entire application. You won't just lose processing fees - you'll be banned from reapplying until you obtain a valid marriage certificate.
Even worse, your foreign partner cannot enter Canada as a visitor if the marriage isn't recognized under Canadian law. You'll be stuck in an endless loop of rejection and appeals.
Smart Travel Strategies During Border Restrictions
While most borders remain restricted, strategic options still exist for determined couples.
For US Citizens: Americans generally cannot enter Canada, but Canadians can fly to the United States. If you're marrying an American, consider having the ceremony in a US state that recognizes Canadian marriages. Ensure you research state-specific requirements, as some require residency periods.
For EU Citizens: Canadians can travel to most European Union countries. If your partner is European, their home country might be your best wedding venue. However, verify that the marriage will be legally recognized in both countries before booking flights.
Critical Warning: Travel restrictions change weekly. What's possible today might be impossible tomorrow. Always check the latest government advisories before making irreversible travel plans.
The Common-Law Partnership Loophole
Here's a secret that could save your relationship: you don't need marriage to sponsor your foreign partner.
Common-law partnerships carry identical legal weight to marriage under Canadian immigration law. You qualify if you've cohabited continuously for at least 12 months while maintaining an intimate, financially interdependent relationship.
The evidence requirements include:
- Joint bank accounts or credit cards
- Shared lease agreements or property ownership
- Combined utility bills and insurance policies
- Testimony from friends and family about your relationship
- Photos and communication records spanning the full year
Pro Tip: If you lived together for 11 months before COVID separated you, that time doesn't count. The cohabitation must be continuous and recent. However, brief separations for work, education, or family emergencies won't disqualify you.
Conjugal Relationships: The COVID Exception
When cohabitation becomes impossible due to circumstances beyond your control, conjugal relationships offer hope.
This category applies when you meet all common-law partnership requirements except the one-year cohabitation period. COVID-19 travel restrictions qualify as legitimate barriers preventing cohabitation.
However, proving a conjugal relationship requires overwhelming evidence of commitment:
- Detailed explanation of why cohabitation was impossible
- Proof of ongoing relationship maintenance during separation
- Evidence of future plans and shared goals
- Documentation of attempts to overcome barriers
- Testimony supporting the genuine nature of your relationship
Reality Check: Conjugal relationship applications face higher scrutiny and rejection rates. Immigration officers are naturally skeptical, so your evidence must be bulletproof.
Humanitarian and Compassionate Grounds: Your Last Resort
Sometimes love doesn't fit neatly into immigration categories. That's where Humanitarian and Compassionate (H&C) applications become lifelines.
H&C grounds allow IRCC to approve applications that don't meet standard requirements if exceptional circumstances exist. COVID-related separations, medical emergencies, or family crises might qualify.
Successful H&C applications typically include:
- Compelling personal circumstances causing unusual hardship
- Strong ties to Canada (employment, property, community involvement)
- Evidence that separation causes significant emotional or financial harm
- Documentation of attempts to resolve the situation through normal channels
- Professional assessments (medical, psychological, social work) if applicable
Important: H&C applications take 2-4 years to process and have low approval rates. Only pursue this option if other pathways are impossible.
Processing Delays: The New Reality
Prepare yourself for disappointment: spousal sponsorship applications now take 18-24 months instead of the pre-COVID standard of 12 months.
Paper-based applications must go through CPC-Mississauga or the Centralized Intake Office before transfer to local visa offices. Both centers are severely backlogged, with some offices completely suspending paper application processing.
Planning Strategy: Submit your application as early as possible, even if incomplete. You can add missing documents later, but you cannot recover lost processing time. Consider this a marathon, not a sprint.
The Fiancé Visa Myth
Unlike the United States, Canada offers no fiancé visa category. Your partner cannot enter Canada specifically to marry you unless they qualify for a standard visitor visa.
However, your legally married spouse or common-law partner can apply for a Temporary Resident Visa (TRV) to visit Canada. While dual intent (visiting temporarily while planning permanent immigration) is legally acceptable, border officers remain suspicious.
Visitor Visa Success Tips:
- Demonstrate strong ties to home country (employment, property, family)
- Show sufficient funds for the visit
- Provide detailed itinerary with return travel plans
- Include invitation letter explaining the relationship
- Submit evidence of ongoing sponsorship application
Who Can Sponsor: Citizen vs. Permanent Resident
Both Canadian citizens and permanent residents can sponsor foreign spouses or partners. However, subtle differences exist:
Canadian Citizens:
- Can sponsor from anywhere in the world
- No residency requirements during processing
- Can sponsor even while living abroad with their partner
Permanent Residents:
- Must reside in Canada during the sponsorship process
- Cannot sponsor while living abroad
- Must maintain permanent resident status throughout processing
Your Action Plan for Success
If you're determined to marry a non-Canadian during the pandemic, follow this strategic roadmap:
- Eliminate proxy marriage from consideration entirely
- Research travel corridors between Canada and your partner's country
- Evaluate common-law partnership potential if you've cohabited previously
- Document your relationship extensively, regardless of chosen pathway
- Consult immigration professionals for complex situations
- Prepare for extended delays in all government processing
- Maintain detailed records of COVID-related barriers and attempts to overcome them
The pandemic has complicated international relationships, but it hasn't made them impossible. Thousands of couples have successfully navigated these challenges using the strategies outlined above.
Remember: immigration law rewards patience, preparation, and persistence. While the process may take longer and require more creativity than originally planned, your love story can still have a happy Canadian ending.
The key is choosing the right pathway for your specific situation and building an unshakeable case that demonstrates the genuine nature of your relationship. Whether through marriage, common-law partnership, or conjugal relationship, the door to Canada remains open for couples willing to navigate the complex requirements with determination and professional guidance.
FAQ
Q: Can I use a proxy marriage to sponsor my foreign partner if we can't travel due to COVID-19 restrictions?
Absolutely not. Proxy marriages are completely invalid for Canadian immigration purposes and will destroy your sponsorship application. Canadian Immigration Regulations explicitly reject proxy marriages in sections R117(9)(c.1), R125(1)(c.1), and R5(c). Both spouses must be physically present at the same location during the ceremony - no exceptions exist for civilians. If you attempt a proxy marriage, IRCC will reject your entire application, you'll lose all processing fees, and you'll be banned from reapplying until you obtain a valid marriage certificate. Even worse, your foreign partner cannot enter Canada as a visitor since the marriage isn't recognized under Canadian law. Instead of risking this costly mistake, explore alternatives like common-law partnerships or conjugal relationships, which carry identical legal weight for immigration purposes.
Q: How long will it take to process a spousal sponsorship application during COVID-19?
Spousal sponsorship applications now take 18-24 months to process, compared to the pre-COVID standard of 12 months. This dramatic increase is due to severe backlogs at processing centers like CPC-Mississauga and the Centralized Intake Office. Some visa offices have completely suspended paper application processing. Paper-based applications face additional delays since they must go through multiple processing stages before reaching local visa offices. To minimize delays, submit your application as early as possible, even if some documents are incomplete - you can add missing documents later, but you cannot recover lost processing time. Consider this a marathon rather than a sprint, and prepare financially and emotionally for extended separation periods. The key is starting the process immediately rather than waiting for perfect conditions.
Q: What's the difference between common-law partnerships and conjugal relationships for immigration purposes?
Common-law partnerships require continuous cohabitation for at least 12 months while maintaining an intimate, financially interdependent relationship. You'll need evidence like joint bank accounts, shared lease agreements, combined utility bills, and testimony from friends and family. The cohabitation must be continuous and recent - living together for 11 months before COVID separated you doesn't qualify. Conjugal relationships apply when you meet all common-law requirements except the cohabitation period due to circumstances beyond your control, like COVID travel restrictions. However, conjugal applications face higher scrutiny and rejection rates since immigration officers are naturally skeptical. You'll need overwhelming evidence of commitment, detailed explanations of why cohabitation was impossible, and bulletproof documentation of your ongoing relationship. Both categories carry identical legal weight to marriage for sponsorship purposes, making them viable alternatives when traditional marriage isn't possible.
Q: Can my foreign partner visit Canada while our sponsorship application is being processed?
Yes, but it's challenging. Your legally married spouse or common-law partner can apply for a Temporary Resident Visa (TRV) to visit Canada. While dual intent (visiting temporarily while planning permanent immigration) is legally acceptable, border officers remain suspicious and scrutinize these applications carefully. Unlike the United States, Canada offers no fiancé visa category, so your partner cannot enter specifically to marry you unless they qualify for a standard visitor visa. To improve approval chances, your partner must demonstrate strong ties to their home country (employment, property, family), show sufficient funds for the visit, provide a detailed itinerary with return travel plans, include your invitation letter explaining the relationship, and submit evidence of the ongoing sponsorship application. Success rates are higher for spouses of Canadian citizens compared to permanent residents.
Q: What are Humanitarian and Compassionate grounds, and when should I consider this option?
Humanitarian and Compassionate (H&C) applications are last-resort options that allow IRCC to approve applications not meeting standard requirements due to exceptional circumstances. COVID-related separations, medical emergencies, or family crises might qualify. Successful H&C applications typically include compelling personal circumstances causing unusual hardship, strong ties to Canada (employment, property, community involvement), evidence that separation causes significant emotional or financial harm, documentation of attempts to resolve the situation through normal channels, and professional assessments if applicable. However, H&C applications take 2-4 years to process and have low approval rates - only pursue this if other pathways are impossible. The threshold is extremely high, requiring overwhelming evidence that exceptional circumstances justify bypassing normal immigration requirements. Most couples are better served through traditional spousal sponsorship, common-law partnerships, or conjugal relationships.
Q: What travel options still exist for international couples wanting to marry during COVID-19?
Limited strategic travel options remain despite border restrictions. For US citizens, Americans generally cannot enter Canada, but Canadians can fly to the United States for ceremonies in states that recognize Canadian marriages - though some states require residency periods. For EU citizens, Canadians can travel to most European Union countries, making your partner's home country a potential wedding venue. However, verify that the marriage will be legally recognized in both countries before booking flights. Travel restrictions change weekly, so what's possible today might be impossible tomorrow - always check the latest government advisories before making irreversible travel plans. Consider the costs, quarantine requirements, and potential for sudden border closures when evaluating travel options. Many couples find that exploring alternatives like common-law partnerships or waiting for restrictions to lift proves more practical than attempting complex international travel arrangements.
