Third Party Affidavit Of Bona Fide Marriage Template for Canada

A Third Party Affidavit Of Bona Fide Marriage is a sworn legal document that provides independent verification of a marriage's authenticity in Canadian immigration proceedings. This affidavit is completed by witnesses who have personal knowledge of the couple's relationship and can attest to its genuine nature. Immigration authorities rely on these documents to assess whether marriages are entered into in good faith or primarily for immigration purposes.

When do you need this document?

You will need a Third Party Affidavit Of Bona Fide Marriage when supporting spousal sponsorship applications under Canada's Immigration and Refugee Protection Act. Immigration officers may request these affidavits when they need additional evidence to verify the authenticity of a marriage relationship. This is particularly common in cases where couples have limited joint documentation, met online, have significant age differences, or come from different cultural backgrounds. The affidavit is also required when previous immigration applications have been refused or when there are concerns about the relationship's genuineness. Multiple affidavits from different witnesses can strengthen your immigration case by providing comprehensive third-party verification.

Key legal considerations

The affidavit must be completed by someone who has personal knowledge of the relationship and can provide specific, detailed observations about the couple's interactions. The deponent must swear or affirm the truth of their statements under penalty of perjury as defined in Section 131 of the Criminal Code of Canada. Key elements include the deponent's relationship to the couple, how long they have known them, specific examples of their genuine relationship, and observations of their interactions. The affidavit should include concrete details such as witnessing the couple at social events, observing their living arrangements, or knowing about their shared plans and commitments. Avoid general statements and focus on specific incidents that demonstrate the relationship's authenticity. False statements in an affidavit can result in criminal charges and immigration consequences for both the deponent and the couple.

Legal requirements in Canada

Under federal law, the affidavit must comply with the Immigration and Refugee Protection Regulations and the Canada Evidence Act. The document must be sworn before a Commissioner of Oaths, notary public, or other authorized official depending on your province or territory. Provincial Evidence Acts govern the proper execution of affidavits, including requirements for witness identification, oath administration, and notarization. The deponent must provide their full legal name, address, occupation, and detailed information about their knowledge of the marriage. The affidavit must clearly state how the deponent knows the couple, the duration of their relationship with them, and specific observations supporting the marriage's authenticity. Immigration authorities may contact deponents to verify their statements, so accuracy and honesty are essential for both legal compliance and immigration success.