Spouse

You are the sponsor's spouse if you are a person of the opposite sex aged 16 or older and are legally married to the sponsor.  Marriage is legally a
de jure relationship, meaning that it has been established in law.  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.

Previously married applicants must be legally divorced before they may remarry. In addition to proving that their subsequent marriage is legal, they must first prove that their divorce was legal.

If the legality of a marriage or divorce is in doubt, consult the visa office responsible for the country where it took place.  Provide that office with all available documents and information.

Note: A marriage between two persons of the same sex, where one is a citizen or a permanent resident of Canada, will be recognized, for  purposes only, where the marriage was performed in a Canadian province in which marriages between same-sex persons are legally recognized.