Common Law Partner

You are a common-law partner, either of opposite sex or same-sex, if you have been living with your sponsor in a conjugal relationship for at least 1 year. The year of living together must be a continuous 12-month period and cannot be intermittent periods that add up to 1 year. However, you are allowed temporary absences for short periods of time for business travel or family reasons.

Are You Eligible For A Common-Law Partner Visa?

You will have to provide documents that prove that you and your common-law partner have combined your affairs and have set up your household together in one home. This could include:

Joint bank accounts or credit cards;
Joint ownership of a home;
Joint residential leases;
Joint rental receipts;
Joint utilities (electricity, gas, telephone);
Joint management of household expenses;
Proof of joint purchases, especially for household items; OR
Correspondence addressed to either person or both people at the same address.

Recently, the spousal policy for Canada changed. The new spousal policy sets out that most spouses and common-law partners in a genuine relationship with a Canadian citizen or permanent resident, regardless of status, are able to apply for permanent residence while remaining in Canada. However, this change only applies to situations where a family class sponsorship has been submitted.

Under the previous policy, the Spouse or Common-Law Partner in Canada Class was only available to spouses and common-law partners of Canadian citizens or permanent residents who had valid temporary immigration status in Canada.

Applicants in the Spouse or Common-Law Partner in Canada Class are also permitted to include family members, living both in Canada and abroad, in their applications (i.e., applicants may have these applications processed at the same time).

Medical Requirements and Up-front Medicals

The medical requirements for spouses, common-law partners, conjugal partners and dependent children are different from the medical requirements that must be met for other members of the Family Class.

Up-front medical examination allows applicants (your spouse, common-law partner, conjugal partner or dependent children) to take the medical examination before the applications for sponsorship and permanent residence are submitted.

Are You Eligible For A Common Law Partner Visa?

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