Gavin Howe
Moving to Canada as a common-law partner is possible, and the Canadian government offers several programs to support family reunification. To be considered common-law partners, couples must have cohabited for at least one year, demonstrating financial, social, emotional, and physical dependence on each other. The Canadian citizen or permanent resident can sponsor their partner by signing an undertaking to provide financial support, and the foreign national can obtain an open work permit while their application is processed.
| Characteristics | Values |
|---|---|
| Cohabitation time | To be considered common-law partners, couples must have cohabited for at least one continuous year. |
| Marriage | Marriage is not a prerequisite for sponsoring a partner to immigrate to Canada. |
| Sponsorship | Canadian citizens and permanent residents can sponsor their spouse, common-law partner, or conjugal partner to join them in Canada and become permanent residents. |
| Financial support | Sponsors must provide financial support for the basic needs of their spouse or partner and any dependent children. |
| Work permit | Spouses and partners of Canadian citizens or permanent residents can obtain an open work permit while their sponsorship application is being processed. |
| Visa | Foreign nationals may join their Canadian spouse or partner while their application is being processed, but they do not have a special visa status. |
| Undertaking length | The length of the undertaking is 3 years from the day the sponsored spouse or partner becomes a permanent resident. |
| Previous sponsorship | Individuals cannot sponsor a new spouse or partner within 5 years of becoming a permanent resident. |
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What You'll Learn
Spousal sponsorship
If you are a Canadian citizen or permanent resident, you can sponsor your spouse, common-law partner, or conjugal partner to immigrate to Canada and become a permanent resident. To be considered a common-law partner, you must have cohabited for at least one year continuously, which can be demonstrated through proof of living at the same address for at least 12 months.
There are two main options for spousal sponsorship: Outland and Inland sponsorship. If your spouse is outside Canada, you must provide your address as their mailing address on the application for permanent residence, and they must complete a Use of Representative form listing you as their representative. You will need to include a valid marriage certificate or proof of registration of your marriage with your application.
Sponsorship involves a commitment to provide financial support to the sponsored person and any dependent children. As a sponsor, you will be required to sign an undertaking that promises to provide for the basic needs of the sponsored person, including medical expenses not covered by public health insurance. This undertaking is valid for three years from the day your spouse becomes a permanent resident, and you cannot cancel or withdraw it once the sponsorship application has been approved.
It is important to note that there is no visa or special status for spouses while their application is being processed. Therefore, it may be preferable to apply for a temporary visa first and then submit an Inland spousal sponsorship application once you are in Canada. This will allow you to obtain an Open Work Permit, enabling you to work for any employer while your application is being processed.
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Common-law relationship requirements
The requirements for a common-law relationship in Canada vary depending on the context, such as taxes, immigration, or estate planning. For federal tax purposes, 'living common-law' means living together for 12 continuous months or sharing a child by birth or adoption. This 12-month timeline also applies when immigrating to Canada.
To be recognised as common-law partners for immigration purposes, you must have lived together at the same address for at least 12 months. This is the standard definition used across the federal government. It means continuous cohabitation for one year, not intermittent cohabitation adding up to one year.
You can use various documents to prove your common-law relationship, including:
- Shared ownership of residential property
- Joint leases or rental agreements
- Bills for shared utility accounts (gas, electricity, telephone, etc.)
- Important documents showing the same address (driver's licenses, insurance policies, identification documents)
It is important to note that the definition of a common-law relationship may differ depending on the province. For example, in Quebec, a common-law relationship is often referred to as a de facto union, and it is considered common law for tax purposes after living together continuously for at least two years.
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Open work permits
An open work permit allows your spouse or common-law partner to work for any employer in Canada, except those listed as ineligible or involved in specific services, such as erotic entertainment or failing to comply with conditions. From 21 January 2025, only spouses of certain foreign workers will be eligible for an open work permit.
Eligibility
To be eligible for an open work permit, your spouse or common-law partner must meet certain criteria. They must be included in an application for permanent residence and have an acknowledgement of receipt (AOR) letter confirming that their permanent residence application is being processed. They must also provide proof of enrolment in a program of study, such as a valid letter of acceptance or proof that you are a full-time student.
Application Process
The application process for a spousal work permit can be completed online through the Immigration, Refugees and Citizenship Canada (IRCC) website. The steps are as follows:
- Visit the website and gather the required documents, including documents proving your relationship (marriage certificate or common-law declaration), the sponsor's status in Canada, proof of cohabitation, and a passport.
- Create a GCKey, a secure online credential used for various government services in Canada.
- Create an online account.
- Complete the online application, providing information about yourself, your sponsor, and your relationship.
- Pay the application fees.
- Submit your application electronically, including all required documents and information.
The processing time for spousal work permits can vary, so it is recommended to prepare for life in Canada well in advance. Ensure that you submit all required documents and information, pay any necessary fees, and provide your biometrics promptly. Keep in mind that your spouse or partner must apply for an extension before their current work permit expires.
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Permanent residence
To become a permanent resident of Canada as a common-law partner, you must meet certain eligibility criteria. Firstly, you must have lived with your partner in a marriage-like relationship for at least 12 consecutive months, with proof of cohabitation. This means that you have lived together continuously for one year without any long periods apart, and any time spent away from each other must be short and temporary.
If you meet the criteria for a common-law partnership, your Canadian spouse or partner can sponsor you to join them in Canada and become a permanent resident. Sponsorship involves a commitment to provide financial support to the sponsored person, including any dependent children. As a sponsor, you will be required to sign an undertaking that promises to provide for the basic needs of the sponsored person, such as medical expenses not covered by public health insurance. It is important to note that you must have sufficient income or assets to support your spouse or partner once they arrive in Canada, and you should not be receiving income support benefits or be in bankruptcy proceedings.
There are two main options for sponsorship: Outland and Inland. Under the Outland sponsorship, foreign nationals may join their Canadian spouse or partner while their application is being processed. However, there is no special status for spouses during this time, and a pending application for permanent residence may complicate obtaining a temporary visa. On the other hand, Inland sponsorship allows spouses and common-law partners to obtain an Open Work Permit while their application is being processed, enabling them to work for any employer in Canada.
It is important to note that the length of the undertaking for residents of Quebec is different from the rest of Canada, and there is a five-year sponsorship bar that prevents individuals from sponsoring a new spouse or partner within five years of becoming a permanent resident. Additionally, all family members must be declared in the application, and background, security, and medical checks are required for both the sponsor and the sponsored person.
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Proving your relationship
To be considered a common-law partner in Canada, you and your partner must not be legally married and must be 18 years old or older and living together for at least 12 consecutive months. This applies to couples of the same or different genders.
To prove your common-law relationship, you must show that your connection is more than just convenient and that you have a genuine and lasting commitment to each other. You must also make it clear that your relationship isn’t mainly for immigration reasons.
You can prove your relationship by providing various forms of evidence, including:
- Proof of cohabitation, such as a rental agreement or property ownership
- Shared bills, such as electricity and credit cards
- Official IDs with the same address
- Evidence of shared financial responsibilities and expenses
- Employment or insurance benefits that recognize both partners as each other’s common-law partners
- Testimonials from friends and family acknowledging the relationship
- Proof of consistent contact through messages, calls, and pictures together
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Frequently asked questions
To be considered common-law partners in Canada, a couple must have cohabited for at least one year. This is the standard definition used across the federal government and requires continuous cohabitation, rather than intermittent cohabitation adding up to one year.
The Canadian government 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. This can be done through spousal sponsorship, where the Canadian citizen or permanent resident may sponsor their partner to join them in Canada. It is important to note that the sponsor must commit to providing financial support to the sponsored person.
Yes, spouses and partners of Canadian citizens or permanent residents can get an open work permit while their sponsorship application for permanent residence is being processed. This allows them to work for any employer of their choice in Canada and support themselves financially during the immigration application process.
