Cuban Weddings In Canada: Legal Or Not?

Getting married in Cuba as a Canadian citizen is a complex process with many bureaucratic rules to navigate. It involves a lot of paperwork, translations, authentication, and legalisation. The process becomes even more complicated if either party has been married before. While it is possible to have a legally recognised Cuban wedding as a Canadian citizen, it is important to be aware of the challenges and requirements before making any plans.

Required documents for Cuban weddings

If you're planning a wedding in Cuba, there are a few important documents you'll need to ensure your special day goes off without a hitch. Here's a detailed and direct guide to the required documents for Cuban weddings:

Foreigners Getting Married in Cuba:

• Legalized foreign birth certificate: Your birth certificate must be legalized for use in Cuba.
• Proof of Marital Status: If you've never been married before, you'll need an affidavit of your single status. If you're divorced, you'll need your decree absolute certificate or divorce settlement. If you are widowed, you'll need a death certificate for your spouse.
• Identification: You'll need to provide a copy of your passport.
• Translation: All documents must be translated into Spanish and certified by a notary, then legalized by the Cuban consul.

Cubans Living Abroad Getting Married in Cuba:

For Cubans who live abroad, the process is slightly different:

• Birth Certificate: Cubans who live abroad do not need to legalize their birth certificate since it is a Cuban document.
• Proof of Marital Status: If you've never been married, you'll need a document stating so, signed before a notary public. If you're divorced, you'll need the divorce settlement from the court.
• Identification: A valid passport is required.
• Translation and Legalization: Only one document needs to be legalized, and the birth certificate does not need to be translated.

Additional Requirements:

• Presence in Cuba: You must be in Cuba for at least three days before your wedding day.
• Age Requirement: Both parties must be at least 18 years old.
• Witnesses: You'll need two witnesses who are not related to either of you. They'll need to provide identification and residency permits/tourist cards.
• Fees and Stamps: There are several fees and stamps required throughout the process.
• Marriage Certificate: After the wedding, you'll receive three copies of your marriage certificate.

Translating documents to Spanish

If you are a Canadian citizen planning to get married in Cuba, you will need to have certain documents translated into Spanish. These documents include proof of your marital status, country of birth, and date of birth, as well as your identification documents such as a birth certificate and passport. It is important to note that these translations must be notarized and authenticated by Global Affairs Canada and the Cuban consulate or embassy. The cost of these translations can vary, but some sources mention amounts like $160 per page for translation services, with additional fees for notarization and authentication.

Step 1: Prepare the Necessary Documents

Firstly, ensure you have the original documents or certified copies of the following:

• Proof of marital status (e.g., a Statutory Declaration of Single Status)
• Birth certificate
• Passport
• Divorce certificate (if applicable)

Step 2: Translate Documents to Spanish

Engage the services of a certified translator who can translate these documents into Spanish. The translator should be a member in good standing of a professional translation association, such as the Canadian Translators, Terminologists and Interpreters Council (CTTIC). The translation should be accurate and complete, capturing all the details of the original document.

Step 3: Notarize the Translations

Once the translations are complete, take them to a notary public to get them notarized. This step is crucial as it adds a layer of authenticity and validity to the translations.

Step 4: Authenticate the Documents

After notarization, you will need to authenticate the documents through Global Affairs Canada. This step ensures that your documents are recognized by the Canadian government.

Step 5: Legalize the Documents at the Cuban Consulate or Embassy

The final step is to legalize the documents at the Cuban consulate or embassy. This step is necessary for the documents to be accepted and recognized in Cuba. Contact the Cuban consulate or embassy in Canada for specific instructions and requirements.

Additional Considerations:

• Timing: Start the process early to allow ample time for translation, notarization, authentication, and legalization. Obtaining the necessary translations and official stamps can take several weeks or even months.
• Cost: The cost of translating and legalizing documents can be significant. Plan and budget accordingly to avoid unexpected expenses.
• Consult Professionals: If you feel overwhelmed by the process, consider consulting an experienced authentication and legalization service professional or an immigration lawyer. They can provide guidance and ensure that your documents are prepared correctly.

Authenticating documents

Documents Required:

Firstly, you will need to gather the necessary documents, which vary depending on your situation. If you are a Canadian citizen getting married in Cuba, you will generally need the following:

• Original documents or certified copies of relevant records.
• Notarized translations of these documents into Spanish.
• A Single Status Affidavit or Declaration, signed in front of a notary public.
• A Marriage Certificate, if applicable.
• A Divorce Certificate, if previously divorced.
• A Death Certificate for your spouse and a Marriage Certificate if widowed.
• A valid Canadian passport.

Authentication Process:

Once you have gathered all the required documents, the next step is to authenticate them. This typically involves the following steps:

• Document preparation: Ensure your documents are prepared correctly and translated into Spanish with notarized translations. Common mistakes or submission errors may result in your documents being returned unprocessed, so it is crucial to get this step right.
• Authentication: Submit your documents to the appropriate government office in Canada for authentication. This step may take several business days, and the processing time varies across different offices.
• Legalization: After authentication, your documents must be legalized by the Cuban Embassy or Consulate in Canada. This is the final step in the process, confirming the authenticity of your Canadian documents for official recognition in Cuba.

Additional Considerations:

There are a few other important considerations to keep in mind:

• Timing: The entire authentication and legalization process can take time, so it is essential to start gathering and preparing your documents as early as possible.
• Fees: There are typically fees associated with each step of the process, including translation, notarization, authentication, and legalization. These fees can vary depending on the number and type of documents.
• Professional Services: Consider seeking assistance from professionals specializing in authentication and legalization services. They can guide you through the process, ensuring your documents are prepared correctly and saving you valuable time.
• Cuban Partner Requirements: If your future spouse is Cuban, they will also need to provide specific documentation to their government, including an identity card and a notarized divorce certificate if applicable.

In summary, getting married in Cuba as a Canadian requires careful preparation and authentication of various documents. By following the steps outlined above and staying organized, you can ensure a smooth and hiccup-free wedding process in the beautiful island country of Cuba.

Legalising documents

If you are planning a wedding in Cuba, there are a number of documents that you will need to compile, authenticate and legalise. Here is a step-by-step guide to help you navigate the process of legalising your documents for a Cuban wedding:

Step 1: Identify the Required Documents

Firstly, you must determine which documents are needed for your Cuban wedding. The required documents may vary depending on your specific situation, such as whether this is your first marriage or if you are divorced/widowed. Here is a list of commonly required documents:

• Proof of marital status: You will need to provide a Statutory Declaration of Single Status or a similar document to prove that you are single and eligible to marry.
• Identification: This includes notarised copies of your birth certificate and passport.
• Divorce/Death Certificate: If you are divorced or widowed, you will need to provide relevant certificates.
• Translation: All documents must be translated into Spanish.

Step 2: Notarisation

The next step is to get your documents notarised. This involves getting the documents officially certified and signed by a notary public. Make sure to follow the specific requirements for notarisation, as it may vary depending on the type of document.

Step 3: Authentication

After notarisation, you will need to get your documents authenticated. In Canada, this process is handled by Global Affairs Canada or specific provincial competent authorities, depending on where the document was issued or notarised. Here are a few key points about the authentication process:

• Competent Authorities: Global Affairs Canada authenticates documents issued by the Government of Canada and documents from certain provinces/territories. Other provinces, such as Ontario, have their own Official Documents Services (ODS) that handle authentication.
• Translation: If your documents are in a language other than English or French, you must provide a certified translation. This can be done by a certified translator or a notary public who speaks both languages.
• Fees: There are typically no fees charged by Global Affairs Canada for authentication services. However, provincial services may have processing fees.

Step 4: Legalisation

Once your documents are authenticated, the final step is legalisation. This step may not be necessary if your documents are destined for a country that is a party to the Apostille Convention, which Canada joined in 2024. The Apostille Convention simplifies the process by removing the requirement for legalisation.

However, if the destination country is not a party to the Convention, you will need to get your documents legalised by the authorities of that country. This can be done through their embassy, high commission, or consulate in Canada. The Cuban consulate in Toronto is the relevant authority for legalising documents for Cuba.

Step 5: Submission

After completing all the above steps, you are now ready to submit your documents to the relevant authorities in Cuba. This typically involves sending the documents to the appropriate office(s) in Havana, along with any required fees.

In summary, legalising documents for a Cuban wedding involves gathering the necessary paperwork, getting them notarised, authenticated, and legalised, and finally submitting them to the Cuban authorities. It is important to carefully follow the requirements and procedures to ensure a smooth and hiccup-free process for your destination wedding in Cuba.

Sponsoring a Cuban citizen to come to Canada

Understanding the Requirements:

Firstly, it is important to understand the requirements set by the Cuban government for foreigners seeking to marry Cuban citizens. These guidelines are in place to prevent fraudulent marriages and marriages of convenience. As a foreigner, you must obtain official permission from the Cuban government, which includes providing proof that you are not currently married, finalising any previous divorces, and having a clean criminal record in Cuba. You will also need to provide verifiable proof of your identity. Required documents may include an Affidavit of Single Status, Divorce Decree, birth certificate, and passport.

Spousal Sponsorship Application:

If you plan to relocate to Canada with your Cuban spouse, you must initiate the spousal sponsorship process to apply for permanent residency for your partner. This application can take an average of 10-12 months to process. During this time, your Cuban spouse can apply for a visitor visa to reside with you in Canada while awaiting the decision. It is recommended to consult an immigration lawyer to assist with the application process, ensure the correct submission of documents, and improve your chances of success.

Gathering and Legalising Documents:

You will need to gather various documents and have them translated into Spanish. These documents include original or certified copies of relevant certificates and affidavits. Notarised translations into Spanish are required if the documents are not already in Spanish. The documents must then be authenticated by Global Affairs Canada and legalised by the Cuban consulate or embassy. This process can be complex, and it is advisable to seek professional assistance to ensure all documents are correctly prepared and submitted.

Applying for Permission to Marry:

With the required documents in order, you can then apply for permission to marry a Cuban citizen. This involves submitting your paperwork to the Cuban government, either directly in Cuba or through a Cuban embassy. The Cuban authorities will carefully review your background, marital status, and identity. If approved, you can proceed with the marriage ceremony in Cuba, which requires the presence of two adult witnesses who are not related to either partner.

Completing the Marriage Process:

After submitting the necessary documents and obtaining permission, you can finalise the marriage process in Cuba. This typically involves a civil marriage application at a quasi-private entity run by the Justice Ministry of Cuba, known as "Consultoría Jurídica Internacional, S.A." in Havana. You will need to pay several fees and a stamp fee to obtain your marriage certificate. Once the marriage is officially recognised, you can then focus on the next steps of sponsoring your Cuban spouse to come to Canada.

Sponsoring Your Spouse to Canada:

There are two main options for sponsoring your Cuban spouse: inland (from within Canada) or outland (from abroad). The choice depends on factors such as your partner's temporary visa status and their ability to travel outside of Canada during the application process. Inland applications take longer but allow your spouse to begin assimilating into Canadian society and may make them eligible for an open work permit. Outland applications are usually processed more quickly but require any necessary interviews to be conducted at a visa office abroad. Consulting an immigration lawyer can help you determine the best approach based on your specific circumstances.

In summary, sponsoring a Cuban citizen to come to Canada involves a comprehensive process with multiple steps and requirements. It is essential to gather the necessary documents, obtain official permission from the Cuban government, and navigate the spousal sponsorship application process. Engaging the services of an experienced immigration lawyer can greatly facilitate this complex journey and improve your chances of success in bringing your Cuban spouse to Canada as a permanent resident.

Frequently asked questions