Spouses, domestic partners and cohabiting partners: what is the difference for sponsorship?

When searching for information about Canadian sponsorship for yourself or your partner, you are likely to find a variety of terms used to classify a relationship. For sponsoring an affectionate partner in Canada, the government recognizes three types of relationships: spouses, common-law partners and cohabiting partners. Let's begin by defining each type of relationship:

• The spouse is the husband or wife whom you legally married before the government of your country.
• The unmarried or domestic partner is not legally married, but shares an affective relationship and has been living together for at least one consecutive year.
• Cohabiting couple refers to an affectionate and committed relationship for at least one year, but there are significant barriers that prevent them from living together.

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The following are the application requirements to qualify for sponsorship for each type of couple.

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Who qualifies as a spouse?

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As described above, a spouse is someone to whom you are legally married, regardless of whether it is a same-sex or opposite-sex marriage, and is recognized in the country where the marriage took place or in Canada. It is important to note that Immigration, Refugees and Citizenship Canada does not recognize marriages performed outside of Canada if one or both persons were not physically present at the ceremony. This includes ceremonies performed by proxy, such as over the internet or telephone. The only exception to this rule is marriages to members of the Canadian Forces.

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What documents are needed when requesting spousal sponsorship?

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When applying for spousal sponsorship, the following documents are generally required:

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1. Completed application forms.
2. Proof of status in Canada.
3. Identity documents.
4. Marriage certificate.
5. Police certificates and clearances from all countries where your spouse has lived for six months or more after his or her 18th birthday.
6. Medical certificate for your spouse.
7. Proof of payment of the corresponding government fees.
8. Digital photo.
9. Relationship information and sponsorship evaluation questionnaire.
10. Invitations and wedding photos.
11. Birth certificates or adoption records for children you and your spouse have together.
12. Proof of registration of the marriage with a government authority.

All sponsorship applicants must sign a commitment document with the Canadian government, so it is important to be well informed before submitting your application. 

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Who qualifies as a domestic partner?

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To reiterate the initial definition of domestic partner, a domestic partner is an affective relationship with someone to whom you are not legally married, but who has lived continuously in a conjugal relationship for more than one year. Your partner may be of the same or opposite gender for immigration purposes, and must also demonstrate a significant degree of commitment to each other.

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How to test a common-law relationship?

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To establish a common-law relationship, you must provide proof that you and your partner:

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1. They share the same household (evidence of behavior and habits related to the sharing of household chores).
2. They support each other financially (e.g., have financial arrangements, shared ownership) and emotionally.
3. Have children together, if applicable.
4. They present themselves in public as a couple.
5. They share a sexual and personal relationship (fidelity, commitment, mutual feelings).

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What documents are needed to prove a common-law relationship?

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When applying for sponsorship of a domestic partner, you must provide at least two of the following documents as proof of your relationship:

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1. Pay stubs or tax forms showing that you both live at the same address.
2. Proof that you have lived together for at least one year.
3. Proof of shared ownership or joint rental agreements.
4. Shared bank accounts.
5. Utility bills in both names.
6. Copies of government-issued identification.
7. Automobile insurance.
8. Birth certificates or adoption records for children you and your domestic partner have together.
9. Photos of you and your partner showing your marital relationship.
10.  Proof that your relationship is recognized by family and friends (letters, emails, social networks).

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If you are unable to provide the above documents, then you should look for alternative ways to prove your relationship and provide them. You may submit affidavits or letters of explanation from family and friends attesting to your common-law status. The final decision on the documents of domestic partnership will be at the discretion of the visa officer, but providing further proof will increase your chances of being accepted.

Remember that to validate the documents you provided you can take advantage of the benefits of the affidavit, as this resource will demonstrate that the couple meets the necessary requirements to apply for Canadian programs or visa applications jointly and as a family. 

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Who qualifies as a cohabiting couple?

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A cohabiting couple is someone living outside of Canada with whom you have been in an affectionate and committed relationship for at least one year, but there are significant barriers that prevent you from living together. These barriers may be beyond your control, such as immigration restrictions, religious reasons, sexual orientation, etc. In fact, in some cases, you may not be able to legally marry your sponsor and qualify as a spouse. Other than that, this category is similar to a domestic partner or spouse in that you must have been in a genuine marital relationship for at least one year. For example, a cohabiting relationship could be considered if you are unable to marry or live together due to factors such as:

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1. Same-sex marriage is not allowed in your country.
2. Divorce is not possible in your country.
3. Your relationship is illegal in your country.

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How to test a relationship in cohabitation?

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To prove a cohabiting relationship, a Canadian citizen or permanent resident who intends to sponsor his or her partner must provide evidence of the following:

1. Maintain a marital relationship with your sponsor for at least one year.
2. Be in a relationship of mutual commitment and interdependence of some permanence and have combined their affairs to the extent possible.
3. Present evidence of the obstacles or restrictions that prevent them from living together or getting married.

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In most cases, a cohabiting partner is someone they cannot marry or live with. For example, this may be because they lived in a country where there are no legal documents to prove their relationship.

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For both cohabiting and common-law relationships, if there are no legal documents or a specific event that can demonstrate commitment to your partner, in these cases you must provide immigration officials with documents that can demonstrate the following elements:

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• If the relationship is monogamous.
• If the relationship is permanent,
• If there is interdependence between the couple.

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The immigration officer would expect documents such as:

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• Insurance policies naming the partner as beneficiary.
• Documents showing shared ownership of property and assets.
• Documents showing that they share expenses and income.

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So far we share this valuable information about partner sponsorship in Canada. Below, you can explore IRCC's official page on partner sponsorship with the complete guide (IMM 5289).

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If you need to declare your domestic partnership, you can contact our regulated CICC consultants at Immiland to quote anaffidavit or visit our website Immilandcanada.com to learn about all the services we offer.

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With love,

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Immiland