Kevin, an investment banker from Toronto, met Tanya, a U.S. citizen, through a dating app. Tanya, currently living in Toronto, is pursuing a course at York University. Over time, their friendship blossomed into love, and they eventually moved in together. After a year of living together, Kevin decided to sponsor Tanya, as her study permit would expire in six months’ time. If you’re wondering whether their unmarried status might complicate things, rest assured it won’t.
The good news is that in Canada, it’s possible to sponsor your partner as a permanent resident even if you’re not married, as long as you’re in a common-law relationship.
The Canadian government prioritizes family reunification and therefore it offers several programmes through which you can sponsor your partner to permanently settle in Canada. In this article, we will explain the meaning of a common-law partner relationship and how to prove it in Canada.
What is a Common-Law Relationship?
You may choose not to marry, or circumstances might prevent you from taking the next big step in your relationship. Fortunately, marriage is not a prerequisite for sponsoring your partner to immigrate to Canada. You can sponsor your common-law partner to move to Canada permanently.
- A common law relationship implies two people who live together as a couple share their lives and have set up a home in one place.
- Living together is often referred to as ‘cohabitation’.
- To be recognized as common-law partners, they need to have cohabited for at least one year. This is the definition used by the federal government.
- It is a long-term companionship where two people depend on each other financially, socially, emotionally, and physically.
- They share household responsibilities and have made a meaningful commitment to one another.
- It is described as a marriage-like relationship, the only difference being that it doesn’t have a marriage certificate.
While cohabitation means living together all the time, sometimes one partner might leave for work, family, or other reasons. However, the time apart should be short and temporary.
Take the example of Harvinder and Gabriela’s love story. Harvinder, a Canadian citizen based in Vancouver, met Gabriela, a Colombian woman, online through a Spanish language learning group, and they instantly connected. After months of chatting and phone calls, Gabriela moved to Vancouver on a work visa through a transfer from her company, which has a subsidiary there.
They lived together for a year and decided to pursue sponsorship to extend their relationship and build a future together. The Canadian government offers a chance for such genuine cases to live together in Canada and create a new future as a couple.
Apply for Common-Law Sponsorship?
Start Your Common-Law Sponsorship Process with our Licensed Experts.
Importance of Proving the Common-Law Partner Relationship for Immigration Purposes
It’s important to prove that your common-law relationship is genuine because unlike marriage you don’t have a legal certificate validating your relationship. Hence, proving your common-law relationship is essential because it shows that your relationship is real and long-term. Immigration officials must see evidence like shared bills, living arrangements, and responsibilities to ensure the relationship isn’t just for immigration purposes. Without strong proof, your application could be denied. Showing that you’ve built a life together helps build trust and makes your case for sponsorship stronger.
Who can be a common-law partner?
There are several eligibility requirements to qualify as a common law partner. Your common-law partner doesn’t have to be legally married to you and can be of any sex. They must be at least 18 years old and have lived with you for at least 12 continuous months in a committed relationship, without long separations. It should have been short and temporary if you’ve spent time apart.
Eligibility requirements for a sponsor
You can be a sponsor if you meet these criteria:
- You’re at least 18 years old.
- You’re a Canadian citizen, registered as an Indian under the Canadian Indian Act, or a permanent resident.
- You’re living in Canada. If you’re a Canadian citizen living abroad, you need to show that you plan to return to Canada when your sponsored relative becomes a permanent resident. Keep in mind, if you’re a permanent resident living outside Canada, you can’t sponsor anyone.
- You can prove you’re not receiving social assistance for reasons other than a disability.
You’ll also need to demonstrate that you can provide basic needs for:
- Yourself
- Your spouse or partner
- Your spouse or partner’s dependent child(ren)
- Your own dependent child(ren) if you’re just sponsoring them.
Key Documents to Prove Common-Law Relationship
Required Form
IMM 5532 (Relationship Information and Sponsorship Evaluation)
- Must be completed by both partners
- Download from Government of Canada website
Primary Documentation
Your application must prove one year of cohabitation. Provide documents from these categories:
Housing Documents
- Joint lease agreements
- Property ownership papers
- Mortgage statements
- Home insurance policies
Financial Proof
- Joint bank statements
- Shared credit cards
- Combined insurance policies
- Joint bills (utilities, internet, phone)
Government ID
- Driver’s licenses
- Health cards
- Tax returns
- Official mail to shared address
Additional Verification
Immigration officers require multiple types of evidence. Include:
Personal Documents
- Birth/adoption certificates of children
- Wills/estate documents
- Life insurance beneficiary forms
Supporting Statements
- Family declarations
- Friend testimonies
- Employer confirmations
Relationship Evidence
- Travel documentation
- Photos of significant events
- Joint memberships
- Social media records
Application Guidelines
Document Requirements
- Submit copies, not originals
- Translate non-English/French documents
- Ensure clear names and addresses
- Cover full cohabitation period
Document Organization
- Arrange chronologically
- Group by category
- Label clearly
- Include document list
Application Checklist
- Mandatory form IMM 5532
- Government ID showing address
- Financial documents
- Housing proof
- Supporting evidence
- Translations if needed
Submission Tips
- Include documents from each category
- Ensure consistent addresses
- Keep copies of submission
- Verify document legibility
- Follow current immigration guidelines
What are Some Important Considerations?
Its important to consider that you must be living with your common law partner for atleast 12 continuos months before applying for their sponsorship.
After you’ve lived together for at least a year, it’s possible to spend time apart and still be considered in a common-law relationship. Couples might be separated due to situations like family illness, political unrest, or work and school obligations. Even if you aren’t living together when you submit your application, the relationship remains valid as long as you’ve cohabited in a committed relationship for at least a year and plan to live together again soon. You’ll just need to provide proof that the relationship is ongoing.
This is similar to a marriage where a couple might be temporarily living apart for various reasons but still see themselves as married and committed, with plans to reunite as soon as possible.
In common-law relationships, however, the longer the separation without living together, the harder it becomes to prove that the relationship is still ongoing.
Differences Between Conjugal Relationships and Common-Law Partnerships
People often get confused between conjugal and common law partnerships. To simplify for your understanding, a conjugal relationship is a lasting partnership where two people rely on each other for financial, social, emotional, and physical support. They share responsibilities at home and are serious about their commitment to each other.
- It’s important to note that ‘conjugal’ doesn’t just refer to sexual relations. It really means there’s a strong bond and mutual commitment between the two partners.
- In both conjugal and common-law relationships, there isn’t usually a specific time when a couple makes a commitment, and there’s no single piece of paperwork that says they have. What really matters is the emotional connection and the little things that show they’re serious about each other.
- This can include living together (for common-law partners), naming each other as beneficiaries on insurance policies, sharing ownership of things, making decisions together, and helping each other out financially. When you look at all these signs, it shows a deep commitment and reliance on each other, similar to a married couple.
- Unlike common-law relationships, where partners live together for over a year and can prove it, conjugal relationships are for couples who haven’t been able to live together for a long time.
- This typically happens because of obstacles like marital status, sexual orientation, or religious restrictions in their home country, so this category only applies in special cases. If there’s no good reason for why the couple hasn’t lived together in the past 12 months, the application could be rejected.
- Also, you can only apply for conjugal sponsorship if one partner lives outside of Canada. If you’re both living in Canada, this option isn’t available.
Options for Bringing a Common-Law Partner to Canada
If your common-law partner has been living with you in Canada, then you can apply to sponsor your spouse or common-law partner under the ‘Spouse or Common-Law Partner in Canada class’.
To be eligible, your spouse or common-law partner must either:
- Have valid temporary residence status, or
- Be exempt from needing this status under a public policy introduced in 2005.
Under this public policy, someone without temporary resident status can still be sponsored as a spouse or common-law partner if they are inadmissible for reasons like:
- Overstaying a visa, visitor record, work, or study permit,
- Working or studying without proper authorization,
- Entering Canada without the required visa or documents,
- Entering Canada without a valid passport (as long as they have one by the time they get permanent residence).
However, if they’re inadmissible for other reasons, this policy doesn’t apply. In that case, they’ll need to resolve whatever made them inadmissible before applying for permanent residence.
If you’re a Canadian citizen living outside Canada, you can sponsor your common law partner but you’ll have to prove that you will live in Canada when your common-law partner becomes a permanent resident.
It should be noted that permanent residents living abroad can’t sponsor their common-law partner from outside of Canada.
If your spouse or common-law partner already has a work or study permit, they can keep working or studying as long as that permit is still valid. If your spouse or common-law partner has a valid work permit, they’re allowed to continue working while it’s still active.
What if Sponsor or Common-Law Partner is Legally Married to Someone Else?
In several cases, legally married individuals are living with a common law partner and want to sponsor them or vice versa. There’s no need to worry in this situation because Canada’s government allows married individuals to be recognized as common-law partners if their marriage has deteriorated and they have been living apart from their spouse for at least one year.
Throughout this time, they must have cohabited in a conjugal relationship with their common-law partner. The cohabitation is only considered to have begun after a physical separation from the spouse. A common-law relationship cannot be legally established if either of the partner is still involved in a conjugal relationship with their legally married spouse.
When the sponsor is legally married to someone else, it is essential for officials to confirm that the sponsor is separated from and no longer cohabiting with their legal spouse. The same condition applies to the applicant, as applicable.
An officer might ask for some extra proof, like:
- A mortgage or lease agreement
- Documents that show both of you share the same address, such as government-issued IDs, a driver’s license, or insurance policies
- Evidence of joint bank accounts, like a bank statement or a letter from your bank
- Documents from other organizations or government agencies, like the Canada Revenue Agency, that indicate you’re in a marital relationship.
What’s Not Allowed in Common-Law Partnership?
Its important to note that you can’t have a common-law or conjugal partner relationship with more than one person at a time. The term ‘conjugal’ really implies that there’s exclusivity and a strong commitment involved. It just can’t happen with more than two people at once. Relationships that resemble polygamy aren’t recognized as conjugal and don’t qualify as common-law partnerships.
Since common-law relationships are seen as conjugal, they come with many of the same legal restrictions as marriages. For instance, the rules about who can marry—like those outlined in the Marriage (Prohibited Degrees) Act—apply to common-law partners as well.
Here’s a list of who isn’t considered a common-law partner:
- People in an incestuous relationship
- Partners where one or both are below the minimum age of consent
- One partner who is detained or incarcerated for actions that would be considered offenses under Canada’s Criminal Code.
Take Professional Help from Licensed Experts
Validating that you have been living together for more than 12 months requires strong proof. The documents you submit act as concrete evidence of your genuine commitment, enabling immigration authorities to assess your case with confidence. By providing a thorough collection of documents, you not only meet the requirements but also craft a compelling story that highlights the legitimacy of your partnership.
Taking the advice of experienced immigration professionals can go a long way in making your application successful especially in complex situations. If you have any questions about Canada’s common-law partner sponsorship, please feel free to contact us for a consultation.
