Gavin Howe
Applying for Common Law Status
Common-law relationships are recognised in Canada when a couple has lived together for a certain period without being legally married. To be considered a common-law partnership, both partners must be 18 or older, and live together for at least 12 consecutive months. To prove a common-law relationship, couples must provide evidence of cohabitation, such as shared utility bills, rental agreements, and important documents showing the same address. This evidence is used to prove the authenticity of the relationship and increase the chances of application approval.
| Characteristics | Values |
|---|---|
| Relationship Status | Both partners must not be legally married |
| Age | Both partners must be 18 years old or older |
| Living Arrangement | Must be living together for at least 12 consecutive months |
| Evidence | Proof of cohabitation, such as shared ownership of residential property, joint leases, utility bills, IDs, driver's licenses, insurance policies, etc. |
| Application Process | Two separate applications are required to be filled out by each partner. Additional PDF forms and evidence of the relationship are also required. |
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What You'll Learn
Common-law relationship requirements
The requirements for a common-law relationship vary depending on the context and the province in Canada.
In Ontario, a couple is considered to be in a common-law relationship after living together for at least three continuous years. If they have a child together, they only need to have lived together for one year. A "conjugal relationship" in Canada is more than just a sexual relationship. It involves sharing a home, finances, friend groups, and an emotional connection, in addition to having a sexual relationship.
In British Columbia, a couple is considered to be in a common-law relationship after living together in a marriage-like manner for at least two continuous years, or if they've lived together for less than two years but have a child together.
In Manitoba, a couple is considered common-law if they have registered their relationship at the Vital Statistics Agency or if not registered, have lived together for at least three years, or one year if they have a child together.
When it comes to immigration sponsorship, at least 12 months of cohabitation is required. This also applies to federal tax purposes in Canada. To prove this cohabitation, strong evidence is required, such as rental agreements, shared bills, official IDs with the same address, and evidence of shared financial responsibilities. Testimonials from friends and family, as well as proof of consistent contact, can also help demonstrate a genuine and lasting relationship.
It is important to note that common-law couples seeking sponsorship must provide sufficient documentation to prove the authenticity and genuineness of their relationship. This includes demonstrating that the relationship is not primarily for immigration reasons and that it is more than just a convenient arrangement.
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Sponsorship application process
The sponsorship application process for common-law partners can be complex and time-consuming, typically taking around 12 months. Here is a step-by-step guide to help you navigate the process:
Step 1: Determine Eligibility
Before initiating the application process, ensure that both you and your partner meet the eligibility criteria. The sponsor must be a Canadian citizen or permanent resident, and both parties must be at least 18 years old. Additionally, your relationship must meet the definition of a common-law partnership, which typically requires proof of cohabitation for a specified period.
Step 2: Gather Documentation
You will need to provide various documents to support your application. This includes proof of your common-law status, such as shared expenses, lease agreements, utility bills, joint accounts, or other documents showing the same address. Additionally, you may need to submit letters, emails, or social media interactions as evidence of your relationship's authenticity.
Step 3: Choose the Sponsorship Category
There are two main sponsorship categories: Inland and Outland. Inland sponsorship is for partners living in Canada with temporary resident status, while Outland sponsorship is for those outside Canada who may need to travel during the application process.
Step 4: Submit Applications
Both the sponsor and the sponsored partner must submit applications. The sponsor applies to become a sponsor, while the partner applies for permanent residence. These applications must be submitted simultaneously and accurately to avoid delays or rejection. The application package can be obtained from the government website and includes instructions and forms.
Step 5: Additional Requirements
Depending on your circumstances, there may be additional requirements. If your partner has dependent children, you may need to meet minimum income thresholds. Additionally, your partner and their family members must undergo background, security, and medical checks as part of the process.
Remember, it is crucial to consult official government sources and, if necessary, seek advice from an immigration lawyer to ensure you meet all the requirements and increase your chances of a successful application.
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Evidence of cohabitation
Cohabitation refers to an intimate relationship in which two people live together in a shared residence, sharing domestic life, finances, and making joint decisions. This could be a precursor to marriage or a long-term, committed relationship without marriage.
- Photographs: Photos showing the couple together in their shared residence, or at events and activities they have attended together.
- Lease or rental agreements: A lease or rental agreement that lists alleged cohabitants as tenants can be used as proof of them living under a roof together.
- Communication logs: Emails, text messages, or social media posts showing the couple's communication and plans can also be used as evidence of living together.
- Evidence of shared expenses: This can include joint utility accounts (electricity, gas, telephone, internet), joint credit cards, bank accounts, or statements of account.
- Evidence of joint ownership of residential property: This can include tenancy agreements, mortgage payments, or property deeds.
- Witnesses: Testimony from friends and family can also be used as evidence to support your cohabitation case in court.
It is important to note that the specific requirements for proving cohabitation may vary depending on the jurisdiction and the purpose for which the proof is needed. For example, if you are applying for spousal or common-law partner sponsorship for immigration purposes, you may need to provide additional documentation, such as proof of a previous divorce or long-form birth certificates for any children you have together.
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Rights and obligations
In terms of rights, common law has played a role in recognising and protecting human rights, even in the absence of a formal bill of rights. For instance, in Australia, common law principles have been scrutinised to protect fundamental freedoms, and in the US, common law has been used to prosecute new offences like "upskirting". Additionally, common-law marriage grants similar rights to married couples if specific conditions are met.
However, common law has also faced criticism for sometimes perpetuating biases and making it challenging for marginalised groups to obtain favourable rulings. An example of this is the historical bias in English common law, which awarded custody of children to fathers during divorce, effectively trapping women in marriages.
Obligations in common law are centred around the concept of reciprocity, where rights are seen as reciprocal to obligations. This means that for every right, there is a corresponding duty or responsibility. For instance, in commercial contracts, the choice of law clause helps reduce uncertainty and clarify obligations.
To establish common-law partnerships, individuals must meet certain requirements, such as being unmarried, over 18 years old, and living together for at least 12 consecutive months. Providing evidence of a genuine relationship is crucial, and this can include proof of cohabitation, shared ownership of property, joint leases, and utility accounts.
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Sponsorship misconceptions
The process of spousal or common-law sponsorship applications is intricate and demands a high level of attention to detail. Here are some common misconceptions about the process:
Misinterpreting sponsorship criteria and requirements
The eligibility criteria for spousal or common-law sponsorship are detailed and specific, governed by intricate legal frameworks. Misunderstanding these criteria can lead to submitting a flawed or incomplete application. For example, not understanding what constitutes a 'common-law' relationship according to immigration laws can invalidate an application. It is important to conduct thorough research using official government websites and verified legal sources, as immigration policies can evolve.
Automatic approvals under certain conditions
Some applicants assume that meeting basic criteria or having certain factors in their favour, such as having children together, a long relationship duration, or previous successful visa applications, guarantees approval. However, there are no guarantees based on relationship length or status. While these factors may be viewed positively, applications must still meet all necessary criteria and thoroughly document the relationship.
Complexity of family dynamics
Complex family dynamics, such as previous marriages or children from prior relationships, can add layers of complexity to the application process. It is imperative to disclose all previous marital or common-law relationships and provide detailed information about any children from these relationships.
Financial considerations
There are financial considerations for both the sponsor and the applicant. Sponsors must sign an undertaking, promising to provide financial support for the basic needs of their spouse or partner and their dependent children. Before signing, sponsors must ensure that the people they sponsor will not need to ask the government for financial help, as they will be responsible for repaying any social assistance received during the undertaking period. Applicants should also be aware that receiving financial help from the government for reasons other than disability may disqualify them from being sponsored.
Criminal history
Criminal history can impact both the sponsor and the applicant. Sponsors with criminal convictions for certain crimes, such as violent crimes or bodily harm, may be barred from sponsoring a family member. Applicants with criminal convictions for offenses such as sexual assault, violent crimes, or failure to pay court-ordered alimony or child support may have their application rejected.
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Frequently asked questions
A common-law partnership is when two people who are not married live together for at least 12 consecutive months. This can be in a marriage-like relationship and applies to couples of the same or different genders.
To prove a common-law partnership, you must provide evidence of cohabitation for at least 12 months. This can include shared ownership of residential property, joint leases, rental agreements, bills for shared utility accounts, and important documents showing the same address, such as driver's licenses, insurance policies, and identification documents.
The requirements for a common-law partnership application vary depending on the country or region. In Canada, both applicants must fill out separate applications and provide evidence of their relationship. It is important to understand the fields in the required forms and prepare the necessary documents in advance to prevent delays or rejection.
Yes, Canadian citizens can sponsor their common-law partners from abroad, but they must prove their intention to reside with their partners in Canada. Permanent residents of Canada must be physically in Canada to initiate the sponsorship application.
Common-law couples have certain rights and obligations, including property rights, spousal support, and parenting time, decision-making responsibility, and child support. While they may not have the same legal rights as married couples, they can benefit from a written cohabitation agreement.
