Keith Mack
In Canada, a common-law partnership is a de facto relationship between two people who share a conjugal relationship (a marriage-like relationship without being legally married) and live together for at least 12 months. The definition of common-law status can 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. When sponsoring a common-law partner from abroad, Canadian citizens must prove their intention to reside with their partners in Canada. Visa officers assess the credibility of the relationship and the couple's intention to establish themselves in Canada. Common-law partners seeking Canadian sponsorship must provide tangible evidence of their commitment, allowing authorities to confidently evaluate their case.
| Characteristics | Values |
|---|---|
| Length of cohabitation | 12 months of continuous cohabitation is the standard definition used across the federal government. However, the length of time required to be considered common-law partners can vary by province and legal context, ranging from 1 to 3 years. |
| Conjugal relationship | A couple must be in a conjugal relationship, which means having a marriage-like relationship without being legally married. This can include same-sex couples. |
| Evidence of cohabitation | Proof of cohabitation is required, such as documents showing that both partners lived at the same address for at least 12 months. |
| Intention to reside in Canada | If sponsoring a common-law partner from abroad, Canadian citizens must prove their intention to reside with their partner in Canada. |
| Sponsorship restrictions | Permanent residents of Canada must be physically in Canada to initiate the common-law sponsorship application for their partners. |
| Dependent children | Having a child together may reduce the required length of cohabitation to be considered common-law partners, but it does not supersede the cohabitation requirement. |
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What You'll Learn
Provide proof of cohabitation
To prove a common-law partnership in Canada, you must show evidence of cohabitation in a conjugal relationship. This means that you and your partner must be living together in a marriage-like relationship, without being legally married, and share the same address for at least 12 months. This applies to couples of the same or different genders.
The definition of common-law status can vary depending on the context, such as taxes, immigration, or estate planning. For federal tax purposes and immigration in Canada, 'living common-law' refers to couples who have lived together for 12 continuous months or share a child by birth or adoption. However, the definition of common law in other contexts is determined by each province. For example, in Nova Scotia, a couple is considered to be in a common-law relationship if they live together in a marriage-like relationship and publicly refer to themselves as partners or spouses. In Saskatchewan, a couple is considered common law after living together continuously for at least two years. In Quebec, a couple is considered common law for tax purposes after living together for at least two years, and common-law spouses are not entitled to inheritance without a will.
To prove cohabitation, you must provide comprehensive documentation that serves as tangible evidence of your genuine commitment. This can include pieces of paper showing that you and your partner lived at the same address 12 months ago, such as IDs, bank statements, leases, or utility bills. These documents allow immigration authorities to confidently evaluate your case and establish the legitimacy of your partnership. It is important to note that simply having a child together does not supersede the requirement for cohabitation unless the couple gets married and applies under spousal sponsorship.
Additionally, when sponsoring a common-law partner from abroad, Canadian citizens must prove their strong intentions to reside with their partners in Canada. Visa officers will judge the credibility of the relationship and the couple's intention to establish their life in Canada. Permanent residents of Canada must be physically present in Canada to initiate the common-law sponsorship application for their partners.
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Show a marriage-like relationship
To prove a marriage-like relationship in Canada, you must show that you and your partner have lived together for at least 12 consecutive months. 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.
To prove this, you will need to provide various documents, including:
- Completed IMM 5532 questionnaire titled “Relationship Information and Sponsorship Evaluation”
- Evidence of shared expenses or financial support, such as joint utility accounts (electricity, gas, telephone, internet), joint credit cards, or bank accounts
- Documents showing the couple is recognized as being in a common-law relationship (such as employment or insurance benefits)
- Proof of cohabitation, such as rental agreements or shared bills
- Proof of the duration of the relationship, such as dated letters, cards, or emails
It is important to provide a comprehensive set of documents to fulfill the requirements and establish a compelling narrative that showcases the legitimacy of your partnership. This will enhance your chances of successful approval and reinforce the credibility of your relationship.
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Demonstrate genuine commitment
Demonstrating genuine commitment is an essential part of proving a common-law partnership in Canada. This is because, unlike married couples, common-law partners do not have a legal document recognized by the Canadian government that proves their relationship's authenticity. Therefore, they must provide other forms of evidence to immigration authorities.
To demonstrate genuine commitment, common-law partners must show evidence of cohabitation in a conjugal relationship. This means that the couple must have lived together continuously for at least 12 months in a marriage-like relationship. This requirement can be met by living together in the same country or by living together for six months each in two different countries. It is important to note that simply having a child together does not exempt the couple from fulfilling the cohabitation requirement.
In addition to proof of cohabitation, common-law partners may also need to provide other documents that showcase the legitimacy of their partnership. These documents can include proof of the duration of the relationship, as well as evidence that the couple shares financial and social interdependency. Examples of such documents include IDs, bank accounts, and leases.
By providing comprehensive and compelling evidence of their genuine commitment, common-law partners can increase their chances of successfully obtaining approval for partner sponsorship and permanent residence in Canada.
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Prove intention to reside in Canada
To prove your intention to reside in Canada as a common-law partner, you must meet the eligibility requirements. The Canadian government offers several programs that allow common-law partners to permanently reside in Canada. Here are the key points to consider:
Eligibility Requirements:
To be eligible as a common-law partner in Canada, you must meet the following criteria:
- Age: Both partners must be 18 years old or older.
- Cohabitation: You must live together and share a home in the same place for at least 12 consecutive months. Short and temporary separations are allowed, but long separations may negatively impact your application.
- Relationship Status: Neither partner can be legally married to anyone else, and they must be in a committed, legitimate, and conjugal relationship.
- Sponsor's Status: The sponsoring partner must be a Canadian citizen, registered as an Indian under the Canadian Indian Act, or a permanent resident of Canada.
- Financial Ability: The sponsor must demonstrate the financial ability to provide basic necessities and support for their common-law partner for at least three years.
Proving Intention to Reside in Canada:
If you are a Canadian citizen living outside Canada, you must prove your intention to reside in Canada with your common-law partner once they obtain permanent residency. This proof of intention is assessed by visa officers, who consider the credibility of your relationship and your commitment to establishing your lives together in Canada. Here are some key points:
- Sponsorship Agreement: Both partners must sign an undertaking agreement, outlining the sponsor's commitment to financially and emotionally support their partner for at least three years. This demonstrates a long-term intention to reside in Canada together.
- Evidence of Relationship: Provide evidence of your relationship, such as proof of cohabitation, duration of the relationship, and any other supporting documentation. This helps establish the genuineness and credibility of your relationship.
- Plans to Return to Canada: If you are a Canadian citizen living abroad, clearly state your plans to return to Canada when your partner becomes a permanent resident. This demonstrates your intention to reside in Canada together.
- No Social Assistance: Ensure that your partner does not rely on the Canadian government for social assistance. The sponsor should be able to provide for their partner's basic needs, including any necessary health care.
- Permanent Residency: Understand that your partner's permanent residency in Canada is dependent on your sponsorship. As a sponsor, you are responsible for supporting your partner financially, emotionally, and otherwise for at least three years.
In summary, to prove your intention to reside in Canada as a common-law partner, meet the eligibility requirements, provide evidence of your relationship, demonstrate your commitment to supporting your partner, and clearly state your plans to live together in Canada. By doing so, you increase your chances of successfully obtaining approval for your partner's sponsorship application.
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Understand provincial variations
The criteria for what constitutes a common-law relationship vary across different provinces in Canada. While the federal government defines a common-law relationship as one where partners have cohabited for at least one year, this duration differs in some provinces.
In Ontario, for instance, a couple is considered to be in a common-law relationship after living together for at least three continuous years. However, if they have a child together, either by birth or adoption, they only need to have cohabited for one year. In British Columbia, a couple is considered common-law after living together in a marriage-like manner for at least two years. If they have lived together for less than two years but have a child together, they are also considered common-law.
In Alberta, a common-law relationship is referred to as an Adult Interdependent Relationship. To qualify, the couple must have a formal and valid Adult Interdependent Partner agreement and have lived together in a relationship of interdependence.
Additionally, the rights and benefits afforded to common-law partners can vary across provinces. For example, in the event of the death of one partner, the inheritance rights of a common-law spouse may differ from those of a legally married spouse, depending on the province. Intestacy laws, which govern the distribution of assets when someone dies without a will, can vary across provinces, and common-law partners may not always be treated the same as legally married spouses.
When it comes to sponsoring a common-law partner for immigration, the authority to certify documents may also vary by province. It is important to consult local provincial or territorial authorities to understand the specific requirements and processes for your province.
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Frequently asked questions
A common-law partnership in Canada is a de facto relationship between two people who are not legally married but share a conjugal or marriage-like relationship. The couple can be of the same or different genders.
To prove a common-law partnership in Canada, you must provide evidence of cohabitation. This includes living together for at least 12 consecutive months, although this duration may vary by province. You may also need to demonstrate a genuine commitment to your partner and your intention to reside with them in Canada.
One benefit of being in a common-law partnership is the ability to sponsor your partner for permanent residence in Canada. This allows your partner to live and work in the country. However, it's important to note that common-law partners may not have the same inheritance rights as legally married spouses, and creating a will is essential to protect your partner's interests.
