Questions about common-law partner

[yhmwow]

Hello everyone, I am originally from Hong Kong and have obtained an open work permit under the "Hong Kong Pathway" launched by IRCC. I arrived in Canada in September 2023 with this work permit and am currently seeking a full-time job. In December 2023, I met my partner, who is also an open-work permit holder from Hong Kong. If my partner works in a local firm and continues to do so until the end of this year, he will be eligible to apply for permanent residency in Canada.

We have been living together since the beginning of this year, renting a condo with both our names on the rental agreement and maintaining a joint account for household finances. We plan to apply for common law partnership once my partner successfully obtains permanent residency in Canada. However, we are unsure about the specific documents we need to prepare. I have heard that IRCC may not approve applications from couples who have lived together for only 1 year, as they are concerned about potential fraudulent marriages. We are genuinely committed to building a home and family in Canada, despite having only been together for a few months. Is there a way to demonstrate to IRCC that our relationship is genuine?

 

[armoured]

We have been living together since the beginning of this year, renting a condo with both our names on the rental agreement and maintaining a joint account for household finances. We plan to apply for common law partnership once my partner successfully obtains permanent residency in Canada. However, we are unsure about the specific documents we need to prepare. I have heard that IRCC may not approve applications from couples who have lived together for only 1 year, as they are concerned about potential fraudulent marriages. We are genuinely committed to building a home and family in Canada, despite having only been together for a few months. Is there a way to demonstrate to IRCC that our relationship is genuine?

There is basically no 'apply for a common law partnership' process apart from eg having the equivalent of a pre-nuptial agreement between you.

The easiest way is to actually get married - documentation of a legal marriage is clear, other documentation simply supports that you are in a genuine relationship.

That said: documentation of you living together as long as well documented with lease and joint finances would usually be enough.

In my view, worth the minor effort to go to city hall and get married, but up to you.

 

[YVR123]

Hello everyone, I am originally from Hong Kong and have obtained an open work permit under the "Hong Kong Pathway" launched by IRCC. I arrived in Canada in September 2023 with this work permit and am currently seeking a full-time job. In December 2023, I met my partner, who is also an open-work permit holder from Hong Kong. If my partner works in a local firm and continues to do so until the end of this year, he will be eligible to apply for permanent residency in Canada.

We have been living together since the beginning of this year, renting a condo with both our names on the rental agreement and maintaining a joint account for household finances. We plan to apply for common law partnership once my partner successfully obtains permanent residency in Canada. However, we are unsure about the specific documents we need to prepare. I have heard that IRCC may not approve applications from couples who have lived together for only 1 year, as they are concerned about potential fraudulent marriages. We are genuinely committed to building a home and family in Canada, despite having only been together for a few months. Is there a way to demonstrate to IRCC that our relationship is genuine?

The timing is a bit tricky. If your partner's PR application got approved and he/she got COPR/eCOPR/virtual landing before that 1 year mark. All is fine.
He/she can then apply to sponsor you as a common law partner when the 1 year time (12 months continuous cohabiting) has been reached.

If the application is still in progress, then your partner will need to update the PR application to include you as a dependent in the application. Via webform with follow up web form. You will need to get addition PCC, medical (if expired or not done yet with your PR application) and so the overall PR application may take more time. But it's mandatory to add you once the 12 months has been reached.
Otherwise, he/she can NEVER sponsor you after he/she got COPR.

 

[yhmwow]

The timing is a bit tricky. If your partner's PR application got approved and he/she got COPR/eCOPR/virtual landing before that 1 year mark. All is fine.
He/she can then apply to sponsor you as a common law partner when the 1 year time (12 months continuous cohabiting) has been reached.

If the application is still in progress, then your partner will need to update the PR application to include you as a dependent in the application. Via webform with follow up web form. You will need to get addition PCC, medical (if expired or not done yet with your PR application) and so the overall PR application may take more time. But it's mandatory to add you once the 12 months has been reached.
Otherwise, he/she can NEVER sponsor you after he/she got COPR.

So, would it be better that we get married once my partner successfully gains a PR? I think it'd not be possible for my partner to get the PR before the one-year mark, as IRCC processing time has taken so long, as far as I know.

 

[YVR123]

So would it be better that we get married once my partner successfully gained a PR?

No. If your partner landed as PR after the 12 months mark, you HAVE to notify IRCC to add you. Getting married later or not, won't make the difference.

So if your partner gets the PR BEFORE the 12 months mark, you could get married after or wait for the 12 months and apply to sponsor after.

 

[yhmwow]

I just read through the IRCC website and see how it works, but I have a question regarding my own OWP, as I currently stay in Canada as an OWP holder; would it affect my OWP status? Or when my partner adds me to his/ her PR application, it will simultaneously void my owp status

 

[YVR123]

I just read through the IRCC website and see how it works, but I have a question regarding my own OWP, as I currently stay in Canada as an OWP holder; would it affect my OWP status? Or when my partner adds me to his/ her PR application, it will simultaneously void my owp status

Adding you under his/her PR application will not change your current temporary resident status (foreign worker on OWP). You are on OWP until your current permit expires.

 

[armoured]

No. If your partner landed as PR after the 12 months mark, you HAVE to notify IRCC to add you. Getting married later or not, won't make the difference.

So if your partner gets the PR BEFORE the 12 months mark, you could get married after or wait for the 12 months and apply to sponsor after.

I would add one small thing, apart from the risk/confusion of PR status coming before the 12 month process - when your partner needs to add you to the app at the 12 month stage, they will then have to start the evaluation of you (medicals, biometrics, security, etc). That may partially reset the clock of the process and delay things further.

If you were to get married now, get marriage certificate in six weeks or whatever and add you to his app - you would both likely save a few months in the process, possibly three or four.

Again if your partner gets his PR before the 12 months of cohabitation, that would be quicker for them to get PR, but then your own process would be from nil and likely take 6-12 months.

So - assuming that adding you to partner's app doesn't negatively affect the app - getting married and adding you to app likely saves one/both of you several months of waiting.

Up to you.