This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.
Officers should be satisfied that a genuine relationship exists. A spousal relationship or common-law partnership that is not genuine or that was entered into primarily for the purpose of acquiring any status or privilege will be refused (R4). Similarly, under R4.1, the dissolution of a relationship between two persons to acquire any status or privilege under the Act and its subsequent resumption will result in the relationship being excluded. This means that the foreign national will not be considered a spouse, common-law partner or conjugal partner under the Regulations. R4.1 applies whether the person who seeks to acquire status or privilege through a bad faith relationship is the sponsor, the foreign national being sponsored or a third-party foreign national.
Officers should examine the documents submitted as proof of the relationship to ensure that they are not fraudulent.
Officers must also assess the relationship between the applicant and any dependent children to establish proof of parentage and dependency.
The application kit requires that applicants submit certain documents as proof of the relationship. In the case of applicants in the spouse or common-law partner in Canada class, officers must also be satisfied that the applicant is living with the sponsor in Canada.
Relationship | Evidence |
---|---|
Spouse | Documentary evidence should include:
|
Common-law partner | In the case of a common-law partner, documentary evidence should include:
If the sponsor and principal applicant are currently cohabitating, evidence from at least two of the following sets of documents showing that the principal applicant and sponsor have been living together for at least one year (e.g. documents showing the same address for both). If they are unable to provide documents from a minimum of two of the following sets of documents, a detailed written explanation must be provided:
If the sponsor and principal applicant are not currently cohabitating, evidence must be provided that shows the sponsor and principal applicant cohabitated for a minimum of one year in the past, and the following must also be provided:
|
Co-habitation | See “What is co-habition?” One of the eligibility criteria in R124 is cohabitation with the sponsor in Canada. Documents provided as proof of the relationship should also establish that the spouse or common-law partner and the sponsor are living together. If this is not clear from the evidence available, CPC-M should request further documents or refer to a IRCC for an interview. Evidence of cohabitation may include:
Persons who are not cohabiting with their sponsor at the time IRCC seeks to grant permanent residence (persons who have been removed or who have left Canada voluntarily) are not eligible under the Spouse or common-law partner class. They may, however, seek to apply in the family class (overseas), which would require them to submit a new application. |
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