What is Common Law in Ontario? Ultimate Guide

Common law in Ontario refers to living together in a conjugal relationship without being legally married. It recognizes partnerships based shared commitments, which occur from the following scenarios:

Having a child
Cohabiting

While there is no strict rule for defining a common law relationship, as recognition depends on the specific details of the partnership, the Family Law Act provides guidance on how such relationships are treated under Ontario law.

There are notable differences between marriage and common law partnerships in Ontario, particularly concerning polygamous relationships and inheritance rights.

Our Canada immigration lawyers can help you with these distinctions and provide personalized advice tailored to your unique circumstances as a common law couple.

We Can Help with Ontario Common Law

Whether you’re unsure about your rights, need help proving your common-law relationship for sponsorship, or are facing challenges with immigration authorities, we’re ready to assist you every step of the way.

From gathering and organizing the necessary documentation to offering guidance on sponsorship applications and appeals, we simplify the process and provide clarity. If disputes or concerns with immigration authorities arise, you can count on us to advocate on your behalf and protect your interests.

Don’t let uncertainty hold you back. Schedule a consultation with our immigration lawyer in Toronto.

What is a common-law spouse entitled to in Ontario?

In Ontario, common-law spouses have specific entitlements that differ from those of married couples:

Child Custody, Access, and Support: Common-law partners have the same rights and obligations regarding child custody, access, and support as married couples. This ensures that children’s best interests are prioritized, regardless of their parents’ marital status.
Spousal Support: Common-law partners may be entitled to spousal support upon separation, similar to married spouses. Eligibility typically requires cohabitation for at least three years or a relationship of some permanence if they have a child together.
Property Rights: Unlike married couples, common-law partners do not have automatic rights to property division upon separation. Each partner retains ownership of assets they brought into the relationship or acquired individually. However, if one partner contributed significantly to property owned by the other, they might have a claim based on principles like unjust enrichment.
Inheritance Rights: Common-law partners are not automatically entitled to inherit from their spouse’s estate if there is no will. It’s vital for common-law partners to have a valid will in place to ensure their partner inherits as intended.
Immigration Sponsorship and Tax Benefits: Common-law partners can sponsor each other for immigration purposes and may qualify for certain tax benefits. Recognition of the relationship for these purposes typically requires cohabitation for at least one year.

How to Prove You Are a Common Law Partner in Ontario

Establishing your common law partnership in Ontario requires thorough documentation to demonstrate the validity and longevity of your relationship. Key evidence includes:

Lease Agreements or Proof of Joint Home Ownership: Showing that you share a home is a pivotal aspect of proving cohabitation. This can include signed lease agreements or property ownership documents with both partners’ names.
Joint Bank Accounts, Utility Bills or Credit Cards: Shared financial responsibilities are strong indicators of a committed relationship. Present joint account statements, utility bills, or credit card accounts to establish this.
Affidavits from Friends or Family Attesting to the Relationship: Personal statements from close acquaintances should include details about how long they have known you and their knowledge of your relationship.
Evidence of Shared Responsibilities: Examples such as shared childcare duties, contributions to household expenses, or joint purchases help demonstrate the interdependence in your partnership.
Photographs and Travel Records: Images of shared vacations, family gatherings, or events, along with travel itineraries, can illustrate the depth and duration of the relationship.
Social Media Evidence: Public posts, relationship status updates, and shared photos on platforms like Facebook or Instagram can provide additional proof of the relationship’s authenticity.

Organizing these documents for submission to immigration authorities is key to avoid delays or complications. Each piece of evidence should be clear, relevant, and properly labeled to build a strong case. Our team can assist with this process, ensuring your documentation is complete and compelling.

Wondering who is considered common law in Ontario? Discover what spouses may qualify for with our immigration attorney in Toronto.

Ontario Common Law Rules for Sponsorship

Sponsoring a common-law partner means that a Canadian citizen or permanent resident supports their partner’s application to live in Canada as a permanent resident. These rules ensure that the relationship is genuine and that the sponsor can fulfill their financial responsibilities.

For the sponsor:

Legal Status in Canada: Sponsors must be either Canadian citizens or permanent residents and at least 18 years old.
Financial Stability: They must demonstrate the ability to support their partner without relying on social assistance, except for disability benefits.
No Outstanding Sponsorship Obligations: The sponsor should not have unresolved prior sponsorship commitments or significant criminal convictions.

For the common law partner (applicant):

Proof of Common Law Relationship: The applicant must provide evidence of at least one year of continuous cohabitation, supported by documents like joint leases, utility bills, or affidavits.
Admissibility to Canada: The applicant must meet health, security, and criminal admissibility requirements.
Valid Documentation: They must supply all necessary identification and immigration-related documents, such as passports and proof of previous legal status.

How to Apply for Common Law Sponsorship in Ontario

Applying for common-law sponsorship in Ontario involves a structured process to ensure all requirements are met and the application is successful.

Confirm Eligibility: Ensure that both you and your partner meet the eligibility criteria, including one year of continuous cohabitation and the sponsor’s financial ability to support the applicant.
Gather Documentation: Collect evidence to prove your common-law relationship, such as joint leases, utility bills, shared bank accounts, and affidavits from friends and family.
Complete the Application Forms: Both the sponsor and applicant must fill out the required forms, including the sponsorship application and the permanent residence application.
Pay the Required Fees: Submit the application processing fee, right of permanent residence fee, and biometrics fee, if applicable, as outlined by Immigration, Refugees, and Citizenship Canada (IRCC).
Submit the Application Package: Compile all completed forms, supporting documents, and proof of payment, and send them to the appropriate IRCC office.
Follow Up with IRCC: Monitor the application status and respond promptly to any requests for additional information or documentation.

Our legal team will handle the paperwork, and communication with IRCC, and provide expert guidance to ensure your application is complete and compelling.

Want to understand the benefits of common law in Ontario? Our Toronto immigration lawyer breaks down everything you need to know. Contact us today!

Differences Between Common Law Spouse and Marriage in Immigration

In Canadian immigration, common-law partners enjoy the same rights as married couples when it comes to sponsorship and residency. As long as the relationship is genuine and well-documented, common-law partners are treated equally under immigration laws, ensuring that they can apply for permanent residency or sponsorship without discrimination.

The primary difference lies in how the relationship is proven. Married couples need only provide a marriage certificate as the main evidence of their relationship, which is a straightforward process. On the other hand, common-law partners must demonstrate at least one year of continuous cohabitation and provide substantial supporting documentation, such as joint leases, utility bills, and affidavits.

Ultimately, while the rights are the same, the path to recognition as a common-law partner requires more effort in terms of documentation. Our team is here to guide you through this process, ensuring that your relationship meets the required standards for immigration purposes.

Past Cases.

After appealing to the Federal Court, PRRA applicants from Israel reconsidered.

Pre-Removal Risk Assessment applicants from Israel. The applicants claimed to be at risk as an Arab-Israeli LGBT couple. IRCC rejected their PRRA application. We successfully appealed the decision to the Federal Court on the basis that the officer had refused to consider a news report of an “honour killing” in their family. The Court ordered IRCC to reconsider the application.

Musa v Minister of Citizenship and Immigration (2012 FC 298)

A study permit applicant from Iran has application reconsidered by IRCC after an appeal to the Federal Court.

Study permit applicant from Iran. IRCC rejected her application finding that her study plan was not logical in light of her education history. We successfully appealed to the Federal Court, arguing that the reasons were insufficient to justify the decision, and the application was sent back to IRCC for reconsideration.

M.M. v Minister of Citizenship and Immigration (2022 FC 1098)

Refugee Protection Division ordered to redetermine refugee claim from Albania because of wrongful criminal conviction.

Refugee claimant from Albania. For a decade, he fought his case with the Minister at the Refugee Protection Division, who argued that he should be excluded from protection because of a criminal conviction. We successfully appealed the decision to the Federal Court on the basis that he was wrongfully convicted in his absence, and the RPD was ordered to redetermine his claim.

Doresi v Minister of Public Safety and Emergency Preparedness (2022 FC 1300)

Study Permit application from Albania reconsidered by IRCC after appeals to the Federal Court.

Citizen from Albania applying for a study permit. IRCC rejected it, stating that her study plan was not reasonable given her education history. She requested reconsideration which IRCC also rejected. We appealed both decisions to the Federal Court and overturned the rejection, the Court agreeing that the officer had ignored her explanation that the course of studies was more specialized than her previous education and necessary for her career advancement. IRCC was required to reconsider her study permit application.

D.G. v Minister of Citizenship and Immigration (2021 FC 1468)

Conjugal partner PR application rejected by IAD returned to IRCC for processing after appeal to the Federal Court.

Overseas sponsorship of conjugal partner from Saudi Arabia. IRCC refused the application on the basis that they did not meet the requirements of conjugal partnership, and the Immigration Appeal Division rejected their appeal. We represented them on appeal to the Federal Court, and the judge overturned the decision, agreeing that the officer and IAD had improperly considered their individual and relationship histories. Their PR application was returned to IRCC for processing.

A.H. v Minister of Citizenship and Immigration (2020 FC 530)

Challenges Regarding a Common Law Marriage in Ontario and How to Overcome Them

Proving a common law relationship in Ontario for legal or immigration purposes can present unique challenges, but with proper preparation, these obstacles can be addressed effectively.

One common issue is proving cohabitation, especially if the couple has spent time apart due to work commitments, family emergencies, or other circumstances. In such cases, it’s essential to provide evidence showing the ongoing nature of the relationship, such as shared financial records, frequent communication, travel itineraries, and explanations for periods of separation.

Another hurdle can arise from cultural or familial barriers to the recognition of a common law relationship. In some communities, cohabitation without marriage may not be widely accepted, leading to difficulties in obtaining affidavits or other support from family members. In such cases, focus on providing objective documentation, like joint leases, utility bills, or photographs of shared experiences, to validate the relationship.

If one partner is not fluent in English or French, these communication barriers can lead to difficulties in communicating with immigration authorities or preparing the required documentation. This can be addressed by enlisting professional help to translate and submit necessary documents.

To present a strong case to immigration authorities, organize all evidence systematically, ensuring that it demonstrates the relationship’s genuineness and permanence. Include detailed explanations for any potential gaps in your documentation or unique circumstances. Our team can help compile and present a compelling application, giving you the best chance of success.

Testimonials.

I want to thank Christian Julien for the wonderful work he did for me and my family. He is a very intelligent, transparent and dedicated person in his work. Without a doubt, he is the best.

Merit Garcia

From the day my family and I started working with Christian Julian on our complicated immigration process, he has been humble, attentive and kind in dealing with our case. Christian is always responsive and goes above and beyond to help us understand the complicated immigration process and other regulations that had an impact on our case. With Christian, we always felt safe and very well taken care of! Our application for PR and then spousal sponsorship was processed with a great deal of attention to detail and extra care. The applications that were submitted were thorough and were never returned or delayed due to missing information/ documents or incorrectly filled forms. We cannot thank him enough for his diligence and professionalism!

I highly recommend Kingwell Immigration Law firm for any immigration-related legal representation anyone may require in Canada.

Nisan G. Woldeabzghi

Our immigration case was rather peculiar. But, having been introduced to Daniel Kingwell at a later stage in the process, we have had nothing but outstanding, professional help in all our legal matters. The knowledge of Mr. Kingwell regarding immigration matters is second to none, and his team is truly amazing. Not only is Mr. Kingwell’s knowledge and experience extremely extensive, but how he makes his clients feel at ease is beyond anything that we have had the experience of dealing with (having met a whole tranche of lawyers, I can safely testify to that). I would recommend Mr. Kingwell for all immigration-related matters.

Haseeb A Virk

Thank you Daniel for doing a great job!!! My student visa application was refused two times and the Embassy ignored my third request too. Honestly, I was hopeless in 2019 and could not even imagine that someday the court would grant leave and my passport would have a visa on it. Everything happened because of Daniel Kingwell who prepared the best arguments and defended my case with great professionalism. I am so grateful for your support Daniel. I would recommend your firm to everyone who needs legal services because you guys deserve to be appreciated!

Daniela Gega

I highly recommend Mr. Daniel Kingwell for his exceptional legal expertise. Facing a complex situation, Mr. Kingwell provided clarity and support. His polite demeanour and reliability were evident throughout our interactions. He assured me of the strength of my case and diligently worked to secure its approval, patiently assembling all the documents. Mr. Kingwell’s honesty and integrity are commendable traits that instilled trust in his counsel. Additionally, his assistant, Naheed Sultana, played a crucial role in the process. Naheed’s quick and attentive responses to my inquiries demonstrated her dedication and professionalism. Together, they make an amazing and friendly team that gets the job done. Many thanks to Mr. Daniel Kingwell and Naheed Sultana for their invaluable service.

Ali Abdulrazak

Reach Out Today for Experienced Legal Guidance

The complexities of common law relationships in Ontario require expert guidance, whether you’re proving a cohabitation agreement, addressing cultural or legal rights, or preparing a strong case for immigration authorities.

Our team is here to help you gather and organize the necessary documentation, address any obstacles specific to your situation, and ensure your application meets all legal and immigration requirements. We’ll handle the paperwork, communicate with immigration authorities on your behalf, and provide personalized advice to support your goals.

Don’t leave your future to chance. Call us today at 416.988.8853 or visit our Contact us page to schedule a consultation. Let us simplify the process and help you move forward with confidence.