A common-law partnership is one way to immigrate to Canada, whether you are sponsoring or getting sponsored. The burden is on you to prove your relationship was and continues to be legitimate. Each relationship will be examined on a case-to-case basis. If you are hoping to apply for immigration this way, the government must first assess whether you are actually in a common-law relationship.
To understand common-law immigration, here are a few things you must consider.
What constitutes a common-law partnership?
Common-law partnerships refer to couples that have cohabitated together for at least a year but are not married. You must have lived with your partner for at least a year for the relationship to be considered as such. Any shorter might make your application more difficult.
Note that there are instances where you can leave for specific reasons, such as work, family obligations, and such. Some extreme cases that are also forgivable include war and political unrest. However, this separation must only happen for a short period if unavoidable. It will become increasingly hard to prove the relationship is legitimate the longer you are separated for avoidable reasons. However, you can still apply even while separated from your partner if the reasons are valid.
Regardless of when you started the relationship, you must prove that you have lived together for at least a year. There should also be proof to show that the relationship still continues. This might include photographs, letters, rental agreements, shared utility accounts, identification documents, and more. The more proof you provide, the likelier your relationship will be recognized as a common-law partnership.
What is not recognized as a common-law partnership?
There are a few things Canada does not recognize as common-law partnerships. For example, if you or your partner are below the age of consent (18 for Canada) and are in a relationship, it does not count as a common-law relationship. Other reasons include the relationship being incestuous (sexual activity between members of the same family) or one of the partners having been detained for an act recognized by Canada as an offence.
If you and your spouse were married before the age of 18 and have since passed that age, you may still apply. However, any time spent before that age has been reached will not be counted. This means that only when both you and your spouse are at least 18 years old will the time together be counted towards the one-year requirement.
With these questions answered, we hope you now understand what is counted as a common-law partnership. This is just one way to apply for immigration; there are others if your application is rejected.
If you are still confused about this topic or need help identifying the right route to immigrate, work with a Canadian immigration expert. They will help you gather and send the proper documents for your application and give you the best chance for finally immigrating into the country or having your spouse live with you in Canada.
If you are looking for professional help from a trusted firm, please contact us at firstname.lastname@example.org or call 1-888-404-8472.