Many immigrants decide to embark on their journey alone when they first come to Canada, leaving family members at home. This approach is usually taken to minimize the costs of starting up and reducing any potential risks related to relocation. These individuals often start sending financial support back to their families after securing reliable employment or business opportunities in Canada and achieving a certain degree of stability.
Canada has introduced a family class program in response to this need for the reunification of families. This initiative is designed to help relatives such as spouses, common-law partners, conjugal partners, dependent children, parents, siblings, and grandparents to immigrate and reunite with their family member who is either a permanent resident or a citizen in Canada.
Every culture has its own set of moral views and traditions, particularly regarding personal relationships like those involving common-law and conjugal partners. Nonetheless, in terms of immigration, Canadian policies are designed to be impartial. They do not give preferential treatment to any specific form of personal relationship over others, provided that the relationship conforms to the legal criteria established under the Family Class category.
What does being in a common-law relationship mean?
A common law relationship is a relationship in which a couple lives together in a way that’s similar to marriage, but they don’t formally register their relationship through legal or religious means. These relationships are recognized based on their daily habits and how other people perceive them as a couple, which distinguishes it from simply living with one another or being in an intimate relationship. It may also be referred to as a domestic partnership or civil union in some cases. The partners in a common-law relationship can be either of the same sex or of opposite sexes.
In Canada, household duties, responsibilities and rights are normally shared between individuals in a common law partnership. They’re living together, supporting each other emotionally and financially. And maybe they have children with one another. These couples have been recognized as being in a partnership. In fact, the particular legal rules of such relationships may differ from province to province. In accordance with Canadian law some relationships, including those which are inseparably linked or too close to each other by blood, shall not be eligible for recognition as Common Law Partnerships.
Per the Canada Revenue Agency’s 2007 criteria, a couple, whether of the same or different genders, is considered to be in a common-law relationship under any of these conditions:
- They have cohabited in a relationship similar to marriage for a continuous period of at least 12 months.
- They are parents of a child, either through birth or adoption.
- One partner has, or had, custody and control of the other partner’s child, and the child was dependent on that partner until they reached the age of 19.
Additionally, some provinces, such as Ontario, legally recognize common-law partnerships for purposes like spousal support in the event the relationship ends.
What are the requirements for sponsoring a common-law partner?
There are several key requirements in Canada when it comes to the process of sponsoring a common-law partner on immigration.
- Age Requirement: Both the sponsor and the common-law partner must be at least 18 years old.
- Compliance with IRCC Standards: Both parties must meet all the conditions set by Immigration, Refugees and Citizenship Canada (IRCC).
To establish the legitimacy of the relationship, it’s beneficial to provide a variety of documents, such as:
- Co-ownership Documents: Agreements related to the joint purchase, rental, or lease of property.
- Utility Bills: Receipts showing shared responsibility for utilities at a common address.
- Official Records with Shared Address: Documents like driver’s licenses, insurance policies, or tax returns that list a common residential address.
- Joint Financial Accounts: Evidence of shared bank accounts or financial responsibilities.
- Personal Correspondence and Social Proof: This can include photographs, social media posts, and a history of emails or text messages over several years, demonstrating the continuity and nature of the relationship.
It is strongly recommended that you seek the advice of a experienced and respected immigration advisor. In order to ensure that your application is compatible with the requirements and standards of the IRCC, these professionals may provide tailored guidance and assistance, and may also assist in the management of complex or unique situations.
Looking for professional guidance on your common-law sponsorship?
Our team of experts is here to provide comprehensive support tailored to your unique situation. Contact us to explore how we can assist you in navigating the complexities of common-law sponsorship with ease and confidence. Let us help you through every step of the process, ensuring a smooth and successful experience.