Discover essential steps to prepare for your common-law partner sponsorship application in Canada. Learn what qualifies as a common-law partnership, the types of evidence needed, and how to prove the genuineness of your relationship. Castlewell Canadian Immigration Services Ltd. offers expert advice to help you navigate the process successfully.
Navigating the Canadian immigration system can be complex, especially when it involves sponsoring your common-law partner. This article will discuss what it means to be a common-law partner and what you should do to start preparing to prove your relationship in a common-law partner sponsorship application.
At CCIS, we have seen many clients come to us because they are in a common-law relationship, but they do not have the kinds of documentation that are required to prove the genuineness of their relationship and cohabitation. This article will walk you through the steps you should take before preparing your application to ensure that you are well prepared when it is time to submit your application.
What is a common-law partnership?
In the Canadian immigration context, a common-law partnership means that a couple have lived together for at least one year in a conjugal relationship. A conjugal relationship is one of permanence and exclusivity where the couple are financially, socially, emotionally and physically interdependent, where they share household and related responsibilities, and where they have made a serious commitment to one another. In other words, a common-law relationship is like a marriage but without the legal paperwork of a marriage certificate.
A common-law relationship is a de facto relationship, meaning that it must be established based on the facts and circumstances of the couple. This is in contrast to a marriage, which is a de jure relationship, meaning that it has been established in law through a legally recognized marriage.
Cohabitation means living together. To be considered common-law partners, the couple must have cohabited for at least one year continuously - not intermittent cohabitation adding up to one year. This does not mean that the couple cannot ever be apart during the twelve consecutive months - from time to time, one or the other partner may have left the home for work or business travel, family obligations, etc. but the separation must be temporary and short.
This is the standard definition used across the Canadian federal government. Some Canadian provinces can have different definitions under provincial family law – for example in Ontario common-law means living together for three years, but for Canadian immigration it is the federal definition that is the standard.
A common-law relationship exists from the day on which the couple can provide evidence to support their cohabitation in a conjugal relationship. The onus is on the couple to prove that they have been living together in a marriage-like relationship for at least one year before their application is submitted. It is not enough to declare that you have been living together in a marriage-like relationship. Instead, you have to prove it through extensive documentation.
It is very common for couple to live together but not have many pieces of evidence to prove it effectively. In many circumstances, only the sponsor appears on a mortgage agreement because they bought their home before meeting their partner. Or couples can construct their personal finances in a variety of ways, including keeping financial accounts separate so they do not have any joint banking, credit, or investment accounts. Often times, the sponsored partner has temporary status in Canada and may only be a visitor, so they do not have a work permit or employment in Canada, and therefore there is very little evidence of their residence in Canada, such as their address appearing on pay statements. It is also very common for immigrants to have misconceptions about what they can and cannot do in Canada. As a result, they often do not have bank accounts or driver’s licences.
Below are some steps that couple can take to ensure they can prove both their relationship and their period of cohabitation. Note that you do not need to provide all of the documents below in an application, but the more you can provide the better. If you retain CCIS to help with your application we will provide you with a custom checklist that fits your scenario while adhering to IRCC’s requirements.
Evidence of Cohabitation
1) Joint Rent/Lease/Mortgage Agreements
Having both names on housing agreements is a strong indicator of cohabitation. A jointly signed rent, lease, or mortgage agreement is the gold standard of evidence of cohabitation. If this is not available because one partner already rented, leased or bought the residence before the other partner moved in, explore if it is possible to have your partner added to the agreement or declared to the landlord as a resident. In some cases it can be a good idea to have landlords sign letters confirm their knowledge of when you started living together.
2) Proof of Joint Utility Accounts
Another key indicator of cohabitation is joint utility bills showing the names of both people in the relationship. Collect utility bills such as electricity, water, internet and cell phone accounts that reflect both your names and your common address.
This can be where planning ahead is important. When couples move in together, they often do not think to add each other to joint utility bills right away. It can be easy to overlook and is impossible to do retroactively.
3) Joint Financial Accounts
The same is true for joint financial statements. Joint financial accounts, like bank accounts and credit cards, are compelling evidence of financial interdependence. Provide statements that show transactions and shared expenses. This not only proves cohabitation but also demonstrates the financial partnership. Again, if you only think about doing this right before your sponsorship application, it may be too late because you will not be able to show that you held the accounts together for 12 months before submitting your application.
Plan ahead and open as many joint accounts together as you are able to. There is often a misconception that foreigners cannot open bank accounts or be added to a joint account because they are a foreign visitor in Canada. While it is possible that a bank can have policies against opening accounts to people who do not at least hold a work permit and a SIN number in Canada, we have seen dozens of clients who have successfully added their common-law partner to their bank accounts, credit cards, and other investment accounts. If your bank says they do not do that, shop around for one that will. And don’t forget to actually use the account you open together. An account that has 12 months of statements, but no transactions will look bad because it will not look like the account of a genuine couple.
4) Driver’s Licenses with Common Address
Many immigrants falsely assume that they cannot get a drivers license because they are not a Canadian citizen or permanent resident. In fact, most provinces expect you to get a Canadian drivers license much sooner than you would expect. In Ontario for example, the province expects you to obtain an Ontario drivers license only 60 days after moving to Ontario. Having both your driver's licenses updated to reflect the same address is simple yet effective evidence. Visit your local service center to update your address if you haven't already done so.
5) Ontario Photo ID Card
What if you cannot get a driver’s license? In many cases, foreign partners cannot get a driver’s license, perhaps because they don’t know how to drive and don’t expect to need
to. There is an alternative. Many provinces have Photo ID Cards, that are simple identity documents that look like a driver’s license, but are not. In Ontario, for example, anyone, including visitors, and even including people who have no legal status in Canada can apply for an Ontario Photo ID card. This can be particularly useful if one partner does not have or cannot obtain a Canadian driver's license.
6) Vehicle Insurance
If your partner is driving in Canada, it can be a great idea to declare them as a resident of your address on your vehicle insurance. Naming your common-law partner as a secondary or occasional driver on your vehicle insurance documentation shows that you both reside at the same location and share responsibilities such as sharing a vehicle.
Evidence of Financial Support and Shared Expenses
7) Financial Transfers and Shared Bills
What if you cannot or choose not to open joint banking accounts? Another great option is to send each other funds for shared expenses or major purchases and keep documentation of your transfer to each other. Often, couple who do not want to have joint accounts, but still share expenses will transfer funds to each other through e-Transfer or another type of electronic funds transfer technology. Documenting financial transfers between each other and shared bills for things like trips, major purchases like cars, or shared groceries, rent, and utilities can be strong evidence of cohabitation, shared financial responsibilities and mutual support. Remember that it is always best if your transfer records indicate each other’s names and the date of the transfer. If the transfer records do not show your names, you are leaving it up to the officer to assume or try to determine that the accounts shown actually belong to you both.
8) Employment Benefits and Life Insurance
Another gold standard piece of evidence of genuineness of relationship and cohabitation can be joint life insurance policies or other important documents like employment benefits or legal documents like wills, or other agreements such as cohabitation agreements. Ontario law enables common-law spouses to enter into an agreement known as a cohabitation agreement which provides for the rights and obligations each spouse will have as a result of their relationship.
If either partner has an employee benefits plan form their employer, make sure to declare your common-law partner to your insurance/benefits provider to have them listed as a beneficiary on your employment benefits. Be sure to include a copy of your benefits policy and listed beneficiaries with your application. These types of important documents related to life, health, employment and legal status show a long-term commitment and planning for the future together. They reflect your intention to support and care for each other in all circumstances.
Proving the Authenticity of Your Relationship
9) History of Text Messages and Social Media Conversations
Compiling records of communication can be tedious, but it is crucial. Provide screenshots or printouts of text messages, social media conversations, and call logs. These should cover a range of dates to show ongoing communication. Most instant messaging apps such as Whatsapp, iMessage and Facebook Messenger allow you to download your entire shot history. You are not required to submit your entire chat history, but providing a sample of random messages from different dates across the span of your relationship can be a great idea to show the sort of mundane daily conversations that real couples have, such as who is going to make dinner, who is going to pick up the kids from daycare, and when you are going to see the in-laws.
Just be sure to exclude anything that you do not want an immigration officer to see. We always recommend leaving out any references, whether jokingly or not, or criminal activity of any kind, any discussions of immigration processes (we don’t want an innocent remark about planning o apply for immigration to be misinterpreted as trying to misrepresent your relationship for an immigration benefit), or anything that is too private or explicit.
10) Social Media Posts
Social media activity that shows a public relationship that is recognized and supported by your friends and family can be a great piece of evidence of your relationship. Shared posts and tagged photos with a variety of friends and family on a variety of occasions can provide a compelling narrative of your relationship. We don’t know for sure if immigration officers actually check public online accounts like Facebook or Instagram, but just in case, it can be a good idea to set your privacy settings to allow visa officers to view and verify these posts.
11) Proof of Travel Together
Travel documents, such as flight tickets, itineraries and hotel reservations, demonstrate that you have gone on vacations together and spent time together in various locations. For Canadian border crossings, requesting a CBSA Travel History report, which details your travel records can be a good idea to help show that you were both traveling together at the same time.
12) Relationship Photos
Similar to the social media posts, photos of you together at different times and places, with various friends and family members, help create a visual timeline of your relationship. Choose photos from different events to show the depth and breadth of your relationship. In general, try to avoid selfies unless it is from a trip you took to some distinctive travel destination. The more variety of friends, family members, places and times you can show in your photos – the better.
In conclusion
Preparing a successful common-law partner sponsorship application involves meticulous documentation of your 12+ months of cohabitation and proof of your relationship's authenticity. Focus on gathering evidence of cohabitation, joint financial accounts, and ongoing contact and communication. Each piece of evidence helps build a strong case that your relationship is genuine and committed and will ensure that when you need to prove your relationship, you are well prepared.
Navigating this process can be daunting, but with careful preparation and attention to detail, you can increase your chances of a successful application. Remember, every piece of evidence adds to the story of your relationship. Stay organized, keep copies of everything, and seek professional advice.
If you need further assistance or have specific questions about your situation, feel free to contact us. We are here to help you navigate the complexities of the Canadian immigration system and support you in building your future together in Canada.
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