How to invite a partner to Canada if you are not in an official relationship? And how to confirm a common-law union?
It happens that a couple lives in a common-law union and decides to immigrate to Canada. They have two options:
- Both submit documents, but do it separately — each must meet the conditions of one of the immigration programs
- One of them submits documents, geta a permanent residence permit, and then helps the second one to move to Canada through the sponsorship program
Option 1. Separate submission of documents
If each of you applies for immigration separately, both must meet the conditions of a program and score the required minimum of points. This is not always possible. When submitting documents separately, you may also need more money, since each of you must prove to have sufficient funds to live in Canada.
Option 2. Sponsorship
The Canadian sponsorship program (the Spouse or Common-Law Partner in Canada Class) allows you to invite a spouse or partner to the country. Canada recognizes same-sex marriage, and sponsored spouses and partners can be of different or the same sexes.
The sponsorship program has two main conditions: the sponsor must already be a permanent resident of Canada and have sufficient funds to support the sponsored spouse or partner. He or she must also pay fees of C$1,040 and biometric fees (C$85 per person or 170 per family).
If the couple is in a common-law union, they have two options within the sponsorship program:
- Enter into an official marriage and apply for the sponsorship of an official spouse
- Apply for the sponsorship of a common-law partner
Each of the options has pros and cons.
Entering into an Official Marriage
There was a case when a couple entered into an official marriage in Canada. One of them received a permanent residence permit of the country and a year later was able to invite his spouse through the sponsorship program.
The option when a couple decides to marry specifically for immigration to Canada has flaws.
First, people may not want to register their relationship officially for some reason.
Secondly, if the marriage was entered only a few months ago, the immigration officer who accepts the application may suspect the couple of dishonest intentions: sometimes a person who does not score enough points on the immigration program enters into a fictitious marriage with someone who may become the main applicant. To prevent you from being suspected, marry at least one year before immigration.
Sponsoring a Common-Law Partner
You can sponsor a common-law partner if you have lived together continuously for at least one year. And you will need to prove it.
To show that you live in a common-law partnership, you need to fill out the form IMM 5409 (Statutory declaration of common-law union).
In this form, you need to indicate the names and surnames of both partners, the dates of the beginning of the union and check those boxes that can be considered evidence of living together, for example:
- Residential lease, mortgage or purchase agreement relating to a residence in which both partners live
- Jointly owned property other than the couple’s residence
- Joint utility bills (gas, electricity, phone bills)
- Joint bank, credit union, trust account
- Documents of each partner with the same address (for example, driver’s license or insurance)
- Canadian tax return indicating the common-law union
- Life insurance policy in which the civil partner is indicated as the beneficiary
Some of these options are more applicable to residents of Canada. For example, in other countries, you may not have a life insurance option, where you can specify a partner who will get funds in the event of your death. And not everywhere there is the opportunity to open a joint bank account.
Fortunately, there are other options. The most popular ones include a lease or purchase agreement relating to a residence in which both partners live. An authorization to drive a car is also a great option. Children in common are also good evidence of common-law union.
If none of the above applies to you, you can look for other evidence, for example, trips abroad with the same dates on stamps, joint membership in a sports club or joint photographs at different times in different places.