Regulation 5 — Excluded relationships

For the purposes of these Regulations, a foreign national shall not be considered

(a) the spouse or common-law partner of a person if the foreign national is under the age of 18 years;

(b) the spouse of a person if

(i) the foreign national or the person was, at the time of their marriage, the spouse of another person, or

(ii) the person has lived separate and apart from the foreign national for at least one year and is the common-law partner of another person; or

(c) the spouse of a person if at the time the marriage ceremony was conducted either one or both of the spouses were not physically present unless the person was not physically present at the ceremony as a result of their service as a member of the Canadian Forces and the marriage is valid both under the laws of the jurisdiction where it took place and under Canadian law.