Anaya Nolan
Canada recognizes various relationship types, including common-law, and allows Canadian citizens and permanent residents in a relationship with a foreign national to sponsor that person to join them and become a permanent resident. To obtain permanent residence (PR) through common-law sponsorship, you must have lived together for at least 12 consecutive months in a relationship like a marriage. The application process requires proof of a 'loving, ongoing' relationship, such as letters from family, photos, and other documents like leases or bills with both partners' names and the same address. The costs of the application process can be high, with fees for processing, paperwork, photos, and medical exams, and the process can take up to 12 months. It is important to carefully review the information on the official website and seek authorized assistance if needed.
| Characteristics | Values |
|---|---|
| Country | Canada |
| Relationship Status | Common-law partners |
| Application Process | Sponsorship by a Canadian citizen, Registered Indian, or permanent resident of Canada |
| Requirements | Proof of a 'loving, ongoing and genuine' relationship, medical examination, police certificate, proof of common-law status (e.g., lease, bills, tax returns), etc. |
| Processing Time | The Canadian government aims to make decisions within 12 months |
| Costs | Processing fees, paperwork, photos, and medical fees (approximately $2500 in total) |
| Restrictions | A five-year sponsorship restriction for those who have been sponsored as a spouse/common-law partner themselves |
| Legal Assistance | Matthew Jeffery, Cohen Immigration Law Firm |
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What You'll Learn
Sponsoring a common-law partner who lives with you in Canada
Firstly, it is important to ensure that you meet the eligibility criteria as a sponsor. You must be a Canadian citizen, Registered Indian, or permanent resident of Canada, and at least 18 years of age. Additionally, you should be able to prove that you are not dependent on social assistance for reasons other than a disability and that you can provide for the basic needs of your partner and their dependent children.
Secondly, you must demonstrate that your relationship meets the criteria for a common-law partnership. This includes providing proof that you and your partner have lived together for at least 12 consecutive months in a marriage-like or conjugal relationship. The relationship must be genuine, with a significant degree of attachment, and any periods spent apart during this time should be short and temporary.
The application process requires submitting the IMM 5289 application package, which can be found on the official website of Immigration, Refugees, and Citizenship Canada (IRCC). You must specify the “Class of Application" as "Spouse or Common-Law Partner in Canada." The application checklist will include items such as proof of your loving and ongoing relationship (letters from family, photos, etc.), medical certificates, police certificates, and proof of your common-law relationship.
It is worth noting that the application process incurs costs, including processing fees, paperwork, photos, and medical fees. The total cost can be significant, as mentioned in one account, amounting to $2500. Additionally, the processing time can vary, with one individual mentioning that it took them approximately two months from reviewing the documentation to submitting the application.
During the application process, if your partner leaves Canada, their re-entry is not guaranteed, especially if they require a visitor visa. Therefore, it is advisable to remain in Canada until the application is approved. Once the sponsorship application is approved, you cannot cancel or withdraw it, even if your personal or financial situation changes.
Overall, sponsoring a common-law partner who lives with you in Canada requires careful preparation, attention to detail, and the ability to provide financial support. The process can be complex, and seeking guidance from immigration lawyers or consultants is an option to consider.
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Common-law relationship proof: 12 months of living together
In Canada, a common-law relationship is defined as a couple living together in a marriage-like manner for at least 12 consecutive months or sharing a child by birth or adoption. The definition of a common-law relationship varies across different provinces in Canada. For example, in Ontario, a couple must live together for at least three continuous years, while in British Columbia, they must live together for at least two years.
If you are seeking to obtain permanent residency in Canada through a common-law partnership, you must first ensure that you meet the criteria for a common-law relationship in your specific province. It is important to note that you can only apply for common-law sponsorship once you have achieved common-law status.
To prove your common-law relationship, you will need to provide various documents as part of your permanent residency application. These documents may include proof of your cohabitation, such as lease agreements or utility bills, as well as evidence of your 'loving, ongoing, and genuine' relationship, such as letters from family, photos, and travel documentation. Additionally, you may be required to undergo a medical examination and provide a police certificate.
The application process for permanent residency through common-law sponsorship in Canada can be complex and time-consuming. It is recommended to carefully review the application checklist provided by the Canadian government and ensure that all required forms are completed, signed, and submitted along with the necessary supporting documentation.
It is worth noting that marriage does not necessarily expedite the process, as applications from married and common-law couples are considered together. The cost of the application process can also be significant, with expenses arising from processing fees, paperwork, photos, and medical fees.
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Sponsoring a spouse or common-law partner: a three-year commitment
Sponsoring a spouse or common-law partner is a serious commitment. In Canada, for example, the sponsor must sign an undertaking promising to provide for the basic needs of the sponsored person for a minimum of three years. This includes medical expenses not covered by public health insurance, such as dental and eye care. The sponsor must also be able to prove that they are in a genuine relationship, not just for the purpose of obtaining permanent resident status. This proof can include letters from family, photos, and other documentation.
There are also financial considerations. In one case, the total cost of processing fees, paperwork, photos, and medical fees amounted to $2500. It is important to note that the sponsor cannot cancel or withdraw their undertaking, even if their personal or financial situation changes. Additionally, there is a five-year sponsorship restriction for anyone who has been sponsored as a spouse or common-law partner themselves. This means that if a relationship ends within the first five years of permanent residency, the sponsored individual cannot sponsor a new spouse until the end of this period.
In Canada, common-law relationships are defined as those in which the couple has lived together for at least 12 consecutive months in a marriage-like relationship. This is an important distinction, as it allows common-law partners to be considered on par with married spouses in terms of sponsorship and permanent residency applications. The process for sponsoring a common-law partner is similar to that of a spouse, with the same requirements for proof of relationship and financial support.
It is worth noting that the process of sponsoring a spouse or common-law partner can be complex and time-consuming, and it may be beneficial to seek legal assistance. Immigration lawyers or consultants can help ensure that all necessary documentation is prepared and submitted correctly, reducing potential delays or issues with the application. Overall, sponsoring a spouse or common-law partner is a significant undertaking that requires careful consideration and a long-term commitment to ensure the best chances of success.
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Sponsoring a new spouse after separation or divorce
If you are a Canadian citizen, a person registered in Canada as an Indian under the Canadian Indian Act, or a permanent resident, you can sponsor your spouse or common-law partner who lives with you in Canada. To be considered a common-law partner, you must have lived with your partner in a marital-type relationship for at least one year.
If you are separated or divorced from your previous spouse, there is a five-year sponsorship bar for anyone who was sponsored as a spouse or common-law partner themselves. This means that you cannot sponsor a new spouse or partner within the first five years of you gaining permanent residence, even if you remarry. This rule also applies if you become a Canadian citizen within five years of becoming a permanent resident.
If your relationship with your previous sponsor was genuine, your permanent resident status will not be affected by your separation or divorce. Your sponsor is still responsible for fulfilling the undertaking they made when they sponsored you for three years after you become a permanent resident, including providing financial support for your basic needs. You are not obligated to stay in a marriage or relationship to maintain your permanent resident status.
When sponsoring a new spouse after separation or divorce, you must follow the same process as sponsoring a spouse for the first time. You must prove that your relationship is 'loving, ongoing and genuine' and provide medical certificates and proof of marriage or common-law relationship. The application process can be complex, and it is recommended to seek legal advice or assistance from an immigration lawyer or consultant. The costs can be significant, including processing fees, paperwork, photos, and medical fees.
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Common-law status: declaring to CRA and on tax returns
In Canada, if you meet the definition of common-law, you must disclose that on your tax return. According to the federal definition of common-law marriage, you are still considered to be common-law even if you were separated for less than 90 days due to a relationship breakdown. You must tick the box on your return that applies to your marital status on the date in question.
Living common-law means that you are living in a conjugal relationship with a person who is not your married spouse, and at least one of the following conditions applies:
- This person has been living with you in a conjugal relationship for at least 12 continuous months.
- In this definition, 12 continuous months includes any period you were separated for less than 90 days because of a relationship breakdown.
- This person is the parent of your child by birth or adoption.
- This person has custody and control of your child (or had custody and control immediately before the child turned 19 years of age) and your child is wholly dependent on this person for support.
You must tell the Canada Revenue Agency (CRA) about your new marital status by the end of the following month after your status changed. For example, if your status changed in March, you must tell the CRA by the end of April. You should not wait for tax filing season to update your information. You can notify the CRA of your relationship status through 'My Account for Individuals' online.
If you are living with a partner and do not meet the CRA's definition of common-law, continue to file your tax return as a single person. If you do meet the definition of common-law marriage, you must indicate your relationship status and information about your partner (name, Social Insurance Number, net income) on your tax return. Common-law partners will have access to certain tax benefits, credits, and deductions. For instance, common-law partners may claim both the federal and provincial spousal amount tax credit if they supported their partner financially during the year. Common-law partners may also transfer unused tax credits to their partner to reduce their household tax rate.
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Frequently asked questions
According to Citizenship and Immigration Canada (CIC), a common-law relationship means 'living with your partner for at least 12 consecutive months in a relationship like a marriage.'
To obtain permanent residency through common-law sponsorship, you must provide proof of your common-law status, such as a lease with both your names, bills, tax returns, and proof of registration for your partner's benefit plan. You must also prove that your relationship is 'loving, ongoing and genuine' through letters from family, photos, and other forms of evidence.
Yes, Canadian permanent residents who are in a relationship with a foreign national can sponsor their partner for permanent residency. However, if you are a permanent resident living outside Canada, you cannot sponsor someone.
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