Kara Sears
In Canada, a common-law partnership is defined as two people who are not legally married, are in a committed and continuous relationship, and have cohabited for at least 12 months. To prove a common-law marriage, couples must provide evidence and supporting documentation to immigration authorities to demonstrate that their relationship is genuine and not solely for immigration purposes. This may include proof of cohabitation, shared expenses, and financial support, such as utility bills, leases, rental agreements, and bank statements.
| Characteristics | Values |
|---|---|
| Minimum duration | 12 consecutive months |
| Living arrangement | Share the same home |
| Age | Both partners must be 18 years or older |
| Marital status | Unmarried |
| Documentation | Evidence of shared expenses, utility bills, leases, rental agreements, proof of home ownership, etc. |
| Application | Completed IMM 5532 questionnaire, statutory declaration of a common-law union (IMM 5409), proof of separation from a former spouse, etc. |
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What You'll Learn
Proving cohabitation
To prove cohabitation for a common-law marriage in Canada, you must demonstrate that you and your partner have lived together for at least 12 consecutive months. This proof of cohabitation can include various documents, such as:
- Shared ownership of residential property
- Joint leases or rental agreements
- Bills for shared utility accounts (gas, electricity, telephone, etc.) in both names and sent to the same address
- Joint bank accounts or credit cards
- Personal documents showing the same address, such as driver's licenses, insurance policies, or identification documents
- Receipts for joint purchases, especially household items like furniture, electronics, and appliances
- Mail addressed to both partners at the same address
It is important to note that the relationship must be genuine and not solely for immigration purposes. Therefore, additional evidence demonstrating the authenticity of the relationship may be required, such as a completed IMM 5532 questionnaire ("Relationship Information and Sponsorship Evaluation") or proof of shared expenses and financial support.
The more evidence you can provide to immigration authorities, the stronger your case for proving cohabitation and the authenticity of your common-law marriage in Canada.
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Providing evidence of a genuine relationship
To prove a common-law marriage in Canada, you must demonstrate that your relationship is genuine and not solely for immigration purposes. This is because, unlike marriages, common-law relationships lack a legal certificate that validates the union. Hence, providing evidence of a genuine relationship is crucial for obtaining approval for partner sponsorship.
To prove that your common-law relationship is authentic, you must provide evidence of cohabitation for at least 12 consecutive months. This can be demonstrated through various forms of documentation, including leases, rental agreements, proof of homeownership, utility bills, and other important documents showing the same address, such as driver's licenses, insurance policies, and identification documents.
Additionally, you may provide evidence of shared expenses or financial support, joint purchases, especially household items, and personal documents indicating a shared address. Immigration, Refugees and Citizenship Canada (IRCC) also provides specific forms and questionnaires, such as the IMM 5532 and IMM 5519, to assess the validity of the relationship.
It is important to note that you may not need to include all the listed items, as other forms of proof may also be considered. The key factor is to demonstrate that you have built a life together and that your relationship is real, committed, and long-term.
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Submitting the required documentation
To prove a common-law marriage in Canada, you must be able to provide evidence and supporting documentation that your relationship is genuine. This is because, unlike marriage, there is no legal certificate validating your relationship. Therefore, it is essential to prove that your relationship is real and long-term.
The Canadian government offers various programs for partner sponsorship to allow couples to permanently reside in Canada. The three categories of spousal, common-law, and conjugal partners each require distinct evaluations and documentation to verify relationship authenticity.
To be considered a common-law partnership, you and your partner must be 18 years or older, not legally married, and living together for at least 12 consecutive months. This applies to couples of the same or different genders.
- A completed IMM 5532 questionnaire titled "Relationship Information and Sponsorship Evaluation"
- Evidence of separation from a former spouse if either person was previously married
- A completed IMM 5519 form if either member of the couple was previously in a common-law relationship with someone else
- Long-form birth certificates listing the names of both parents if the couple has children in common
- Shared ownership of residential property
- Joint leases or rental agreements
- Bills for shared utility accounts (gas, electricity, telephone, internet)
- Joint credit cards or bank accounts
- Important documents for both partners showing the same address (e.g., driver's licenses, insurance policies, identification documents)
- Receipts of purchases made jointly, especially household items like furniture, electronics, and appliances
- Mail addressed to both partners at the same address
- Any other documents that can act as proof that you have been living together
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Understanding the evaluation process
Understanding the Requirements
First, it's essential to comprehend the requirements for common-law partnerships in Canada. To be recognised as common-law partners, you and your partner must meet specific criteria:
- Both individuals must be at least 18 years old.
- You must not be legally married to each other or anyone else.
- You should have lived together in a committed and continuous relationship for at least 12 consecutive months (one year) without prolonged separations.
- Your relationship should resemble a marriage-like union, including shared finances, emotional support, and a shared home.
Documentation and Evidence
The evaluation process heavily relies on the documentation and evidence you provide. Immigration authorities will carefully scrutinise your application to ensure your relationship is genuine and not solely for immigration purposes. Here are some key documents and proofs to consider:
- Completed IMM 5532 questionnaire titled "Relationship Information and Sponsorship Evaluation".
- Evidence of shared expenses, such as utility bills, joint bank accounts, or rental agreements in both names.
- Personal documents indicating a shared address, such as identity documents, driver's licenses, or mail addressed to both of you at the same address.
- Receipts of joint purchases, especially household items like furniture, electronics, or appliances.
- Proof of shared responsibilities, such as insurance policies in both names.
- If applicable, documents showing you are recognised as a couple, such as employment records or insurance benefits listing your partner as a beneficiary.
- If either partner was previously married, provide evidence of separation, divorce, or proof of registration of the previous marriage with a government authority.
- If you have children together, provide long-form birth certificates listing both parents' names.
It's important to note that you don't need to include all these items, and other types of proof may also be considered. Always refer to the document checklist provided by the relevant Canadian immigration authorities to ensure you submit the required documentation.
Application Process
The application process for common-law partner sponsorship typically involves two main applicants and two separate applications. The first application is completed by the Canadian citizen or permanent resident, while the second application is for the partner being sponsored. Both applicants need to fill out PDF forms and provide evidence of their relationship. It's crucial to prepare all the necessary documents in advance to prevent delays or application rejection.
Evaluation and Approval
During the evaluation process, immigration officials will assess your application and the supporting documentation to determine the authenticity of your common-law relationship. They will consider whether your relationship is real, long-term, and based on a genuine bond. By providing a comprehensive set of documents and establishing a compelling narrative, you enhance your chances of successful approval. Remember, the key is to prove that your partnership is sincere and meets the legal requirements for common-law partnerships in Canada.
Seeking Legal Assistance
Navigating the evaluation process can be complex, and it's beneficial to seek guidance from an immigration lawyer or a licensed expert in common-law sponsorship. They can provide personalised advice, ensure your application is complete, and help you understand the specific requirements for your unique circumstances.
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Sponsorship eligibility
To be eligible to sponsor your spouse or common-law partner for Canadian immigration, you must be a Canadian citizen, a permanent resident of Canada, or a person registered in Canada as an Indian under the Canadian Indian Act. You must be 18 years old or older and able to provide proof of financial support for your spouse or partner and their dependent children. This includes providing for basic needs and any medical expenses not covered by public health insurance. You will also need to demonstrate that your relationship is genuine and provide evidence of this.
If you are sponsoring a spouse, you must have a marriage certificate. If the marriage took place outside of Canada, it must be legally recognized in the country where it occurred.
If you are sponsoring a common-law partner, you must provide proof that you have lived together for at least 12 consecutive months. This can include documents such as proof of shared expenses, photos of you and your partner, birth certificates of any children you have together, and other forms of evidence that demonstrate your relationship is genuine.
It is important to note that if you are a Canadian citizen living outside of Canada, you must demonstrate your intent to reside in Canada once your sponsored spouse or partner becomes a permanent resident. On the other hand, if you are a permanent resident of Canada residing abroad, you are not eligible to submit a family-class sponsorship.
The Canadian government aims to make decisions on spousal sponsorship applications within 12 months.
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Frequently asked questions
A common-law marriage in Canada is a marriage-like relationship where two people live together as a couple, sharing their lives and have set up a home in one place.
To be considered a common-law partnership, both partners must be 18 years or older, not legally married, and must have lived together for at least 12 consecutive months.
You can prove your common-law marriage by providing evidence and supporting documentation. This includes a completed IMM 5532 questionnaire, proof of shared expenses, shared ownership of residential property, joint leases, utility bills, and personal documents showing the same address.
A conjugal partnership applies to couples who have not lived together for an extended period due to circumstances such as marital status, sexual orientation, or religious reasons. Common-law marriages, on the other hand, require cohabitation for at least 12 months.
Yes, you can sponsor your common-law partner to obtain permanent residence and live and work in Canada. You must prove that your relationship is genuine and not primarily for immigration purposes.
