Immigrating to Canada under the common-law partnership status requires additional attention to detail and a careful presentation of supporting documents. Common-law partners must provide substantial evidence of their relationship to be considered eligible for immigration under this category. In this article, we will explain what a common-law partnership is, what documents you need to submit with your immigration case, and what kind of evidence is considered important in proving a common-law relationship.
What is a Common-Law Relationship?
A common-law relationship in the context of Canadian immigration refers to a partnership where two individuals have lived together for at least one continuous year in a conjugal relationship. Unlike married couples, common-law partners do not need to have a legal marriage, but they must demonstrate that they share their lives in a way similar to married partners.
It is important to note that Canadian immigration authorities require proof of cohabitation for a full year to qualify as common-law partners. This applies to both opposite-sex and same-sex partnerships. Establishing the one-year cohabitation is a key requirement, and simple proof of an emotional or personal relationship will not suffice. The authorities expect to see evidence that you have lived together as a couple.
Signing a Common-Law Declaration in Canada
One of the documents that is often submitted in common-law immigration cases is the Statutory Declaration of Common-Law Union (Form IMM 5409). This is a legal document where both partners declare that they have been living together in a conjugal relationship for at least one year. The declaration must be signed in the presence of a Commissioner of Oaths or a Notary Public.
To complete this declaration, you will need to provide information such as:
- Full names of both partners
- Duration of cohabitation
- A declaration that you have lived together continuously for one year
At MBLAW, we offer services to notarize your common-law declaration either in-person at our office in Toronto or remotely through online appointments. This allows you to meet the legal requirement of having your declaration properly signed and witnessed by a qualified professional.
Important Documents to Prove Common-Law Relationships
To support your common-law immigration case, you will need to submit various documents that prove your relationship is genuine and that you have lived together for at least one year. Here are some of the key documents that immigration authorities consider:
- Joint Lease or Rental Agreement: If you have a shared lease or rental agreement, this document is strong proof that you have been living together. Make sure the document clearly shows both of your names and the duration of the rental period.
- Joint Mortgage: A mortgage in both names can demonstrate a serious commitment to living together. A joint mortgage shows that both partners are financially responsible for a home, which strengthens your case.
- Life Insurance Policies: If you have listed each other as beneficiaries on your life insurance policies, this can be used as evidence of your common-law relationship. It shows that you consider each other as the main persons who would benefit in case of death.
- Joint Bank Accounts: Having a shared bank account also provides evidence of a financial commitment to one another. This can show that you are living as a unit, rather than as separate individuals.
These documents are important as they directly demonstrate cohabitation and financial partnership, which are key elements of a common-law relationship in Canadian immigration law.
Additional Supporting Documents for Common-Law Immigration
Aside from the core documents mentioned above, there are additional documents that can strengthen your common-law immigration case. While not every document is necessary, providing a variety of evidence can help show the seriousness and authenticity of your relationship. Consider including the following:
- Utility Bills: Joint bills for electricity, water, or gas that show both partners’ names can prove that you share a residence. Utility bills are common evidence of shared household responsibilities.
- Shared Address Evidence: Letters or official documents that show both partners living at the same address can further support your claim of cohabitation.
- Personal Correspondence: Emails, text messages, or letters between partners can also serve as proof of an ongoing, genuine relationship, especially if they are dated over a long period.
- Travel Documentation: If you have traveled together, providing evidence such as flight tickets, hotel reservations, or travel photos can demonstrate that you live your lives as a couple.
- Photos of Family Gatherings: Pictures taken together at significant family events (birthdays, holidays, etc.) can also serve as evidence of your committed relationship. These show that you are seen as a couple by your families and friends.
Each case is unique, and the selection of documents will depend on the circumstances of your relationship. Providing as much relevant evidence as possible will help ensure that your immigration case is well-supported.
How Many Documents Are Sufficient?
There is no strict rule on how many documents are enough to prove a common-law relationship. The immigration officer will look at the overall evidence to determine whether you meet the one-year cohabitation requirement and whether your relationship is genuine. In some cases, a few strong pieces of evidence, such as a joint mortgage or rental agreement, may be enough. In other cases, you may need to provide a wider variety of supporting documents.
The key is to ensure that the documents you submit clearly demonstrate that you have lived together for at least one year. You should not focus only on proving the emotional aspects of your relationship, but also show that you share a life together in practical ways. For example, sharing financial responsibilities, household duties, and travel plans all help build a strong case.
How MBLAW Can Help
At MBLAW, we are here to guide you through the process of immigrating to Canada as a common-law partner. Whether you need help gathering the necessary documentation, preparing your common-law declaration, or submitting your application, we are ready to provide expert assistance. Our team of legal professionals can also notarize your declaration, either in-person or online, ensuring that your documents meet Canadian legal standards.
Every case is unique, and we offer personalized consultations to help you understand your specific situation. Contact us today to get started on your immigration process, and let us help you move forward with confidence.
