The concept of a common-law relationship in Canadian law is somewhat ambiguous for Chinese immigrants living in Canada.
The concept of a common-law relationship began to be applied in certain Canadian provinces in the mid-1990s and subsequently spread across the country. A common-law relationship is a partnership that is legally almost equivalent to marriage. In Canada, it is generally defined as a couple (including same-sex and opposite-sex) who have lived together continuously for one year or more in a genuine conjugal relationship, but without a legal marriage registration.
In Canada, common-law relationships are regulated at the provincial level and carry some rights equivalent to marriage; however, definitions vary due to legal differences between provinces. In British Columbia, a local couple living together for two years or more is automatically defined as being in a common-law relationship; in New Brunswick, the couple must live together for three years, or for one year if they have a child together; in Ontario, a couple's common-law relationship is automatically established after living together for three years. In a common-law relationship, the couple must reside together continuously; any interruption will invalidate the relationship.
Under immigration law, common-law relationships have the same rights as legal marriages. Therefore, a couple who has lived together continuously for one year or more can apply for immigration together as common-law partners. Before submitting an application, the applicant and their common-law partner must have lived together continuously for at least one year, jointly sign a "Statutory Declaration of Common-Law Union" form, and have it certified and stamped by a practicing lawyer. At the same time, they must provide evidence to demonstrate their common-law relationship, such as joint bank accounts, jointly signed lease agreements, tax returns filed as common-law partners, driver's licenses with the same address, telephone bills, utility bills or bank statements, proof of shared property or assets, and insurance policies naming the other as a beneficiary.
The immigration authorities have clearly stated in the recently updated document checklist that applicants accompanied by a common-law partner must provide such documentation. Since a common-law relationship is not as clearly recognized as a legal marriage before the Statutory Declaration of Common-Law Union is signed, it is advisable for common-law partners to provide more evidence to demonstrate their mutual dependence and commitment in both life and economic aspects when proving their relationship.
In any immigration category, the common-law relationship must be continuous. If the couple does not live at the same address for any period during the one-year cohabitation, the common-law relationship will be considered invalid. Additionally, immigration applicants with a common-law partner should note that although the partner is considered a family member, both individuals must maintain legal status in Canada at the time of application and throughout the application processing period. If the common-law partner is in Canada with expired status at the time of application, they will be deemed inadmissible by the immigration authorities, and the applicant's application may be refused due to the partner's status, even if the applicant meets the immigration requirements.