Author: Carlos Abarca

Why Marriages Performed on Zoom or Other Virtual Platforms Aren’t Valid for Canadian Sponsorship

Can you sponsor your spouse to Canada if you decide to have your marriage ceremony online through Zoom or another virtual service? The Immigration Appeal Division (IAD) confirmed that the answer is a clear no, unless strict physical presence requirements are met. 

In the recent case, Fiddler v Canada (Citizenship and Immigration), 2025 CanLII 71988 (CA IRB), the IAD upheld the refusal of a sponsorship application on the basis of a virtual marriage conducted through the online platform, Courtly. This decision reinforces that online marriages, where the officiant is in another location, do not meet the legal definition of a valid spousal relationship under Canadian immigration law. 

Case Summary: Virtual Marriage = No Family Class

In April 2024, Canadian citizen, Chad Martin Joshua Fiddler, filed a sponsorship application for his wife, a Pakistani national, after they were married online through a Utah-based virtual officiant via Courtly. Although the couple was physically together in Dubai for the ceremony, the officiant was in Utah, USA, and that U.S. jurisdiction issued the marriage certificate.

Because the officiant and the legal jurisdiction of the marriage were not in the same location as the couple, Immigration, Refugees and Citizenship Canada (IRCC) determined that Section 117(9)(c.1) of the Immigration and Refugee Protection Regulations (IRPR) applied.

The regulation states:

“A foreign national shall not be considered a member of the family class if, at the time of the marriage ceremony, either or both spouses were not physically present unless the absence is due to military service in the Canadian Forces.”

Since the couple was not physically present with the officiant, the marriage was considered a “proxy marriage” and deemed invalid for immigration sponsorship purposes.

Legal Takeaways from IAD Decision

1. Location Matters More Than Presence Together

The couple being together in Dubai was not enough. The officiant was in Utah, making that the legal jurisdiction of the marriage. Therefore, neither spouse was present where the marriage legally occurred, violating the physical presence requirement.

2. Proxy or Virtual Marriages Are Not Recognized

The decision follows guidance from Operational Bulletin 613 (OB 613), which categorically excludes marriages performed via internet, telephone, or fax without the spouses being present with the officiant.

3. No Discretion for Humanitarian Considerations

Because the regulation was applied correctly, the IAD confirmed it had no jurisdiction to consider humanitarian and compassionate grounds under Section 65 of the Immigration and Refugee Protection Act.

Why This Matters for Sponsorship Applicants

With the rise of digital platforms offering virtual weddings, many couples believe their online marriage is valid globally, including for immigration. Unfortunately, that’s not the case for Canadian immigration.

Even if your marriage is legally recognized in the U.S. or your home country, Canada will not recognize it for spousal sponsorship unless both spouses are physically present at the ceremony with the officiant.

What Can You Do If Your Online Marriage Isn’t Recognized?

If your virtual marriage doesn’t qualify, you may still be eligible to:

• Get legally remarried in person, with both parties and the officiant physically present.
• Apply under the conjugal partner category (although this is rare and potentially more complex).
• Consider a common-law sponsorship if you’ve lived together for 12 months.

Seeking legal guidance early can help you avoid further complications in your spousal sponsorship application. Speaking with an immigration lawyer in the jurisdiction where you plan to reside will help you understand your rights, responsibilities, and the best path forward.
 

Need Help With a Denied Sponsorship Application?

At Abarca Law, we can help navigate the complexities of spousal sponsorship refusals and appeals. If your application was refused, we can help you understand your legal options and your best path forward. Contact our office for a free 30-minute consultation to examine your options. 

Disclaimer

This blog post is provided for general information purposes only and does not constitute legal advice or a legal opinion. The information contained here may not apply to your specific circumstances and should not be relied upon as a substitute for obtaining legal advice from a lawyer. Reading this article, contacting our firm, or requesting further information does not create a solicitor–client relationship. If you require advice about your particular situation, please contact a licensed lawyer in Ontario or in your jurisdiction.