Nearly one in five Canadians was born abroad, according to the country’s 2016 census figures. Currently, Canada is experiencing the fifth wave of immigration, with between 225,000-275,000 immigrants entering the country annually to settle permanently. At present, government policies focus on the three main components that it considers important: social (family reunification), humanitarian (relating to refugees) and economic (immigrants who can contribute to economic growth and fill labor market requirements).
Typically, immigrants moved alone to the new country leaving their families, to minimize costs and risks. After they found suitable employment/business opportunities, they could send remittances home. Once they felt secure and had established themselves, they felt confident enough to help other family members to join them.
Keeping this aspect in mind, the Canadian Family Class program was established to enable spouses/common-law partners/conjugal partners, dependent children, parents, siblings and grandparents to join their loved one who was a permanent resident/citizen in Canada.
Moral judgments and customs are a part of every culture, when it comes to personal relationships, especially common-law and conjugal partners. However, Canadian immigration policies remain non-judgmental and don’t favor one type of personal relationship above another for the purposes of immigration, as long as the relationship falls within the legal definitions of Family Class.
What Are Common Law Relationships?
A common-law marriage is one that is an informal one that has not been legally or religiously registered. It is deemed to be a marriage by habit and repute, where the couple is in a marriage-like relationship that is different from cohabitation or a conjugal relationship. It may be termed a domestic partnership, civil union, etc. The partners may be of the same or opposite sex.
In Canada, common-law partners share domestic responsibilities, rights and duties, a residence, support each other emotionally and financially, may or may not have children together, present themselves as a couple, etc but the laws vary according to provincial jurisdiction. There are certain prohibited relationships like incestuous ones, or those that fall within prescribed degrees of consanguinity which cannot fall under the definition of common-law relationships.
According to a 2007 definition given by the Canada Revenue Agency, a couple (same or opposite sex) is deemed to be in a common-law relationship if any one of these conditions is true:
- They have been living in a marriage-like relationship for at least 12 months continuously
- They have parented a child by birth or adoption
- One partner has or has had custody/control of the other’s child before the child attained age 19, and this child is/was wholly dependent on that partner
Certain provinces like Ontario recognize common-law partnerships as legal for the purposes of spousal support in case the relationship breaks down.
Common-Law and Immigration
To sponsor a common-law partner:
- both partners must be above age 18
- sponsor and sponsored person fulfill all prescribed IRCC eligibility conditions
Documentary proof can be presented in the form of as many of these as possible:
- joint property agreements for sale/rental/lease
- shared receipts for use of utilities
- shared address on documents like driver’s licenses/insurance policies/tax returns
- shared bank accounts
- photographs, social media posts, emails, text messages exchanged over the last few years
An experienced, reputed and well-established immigration consultant can give you the right advice and assistance.
