6 Ways to Prove the Genuineness of a Relationship in Canada Spouse Visa.
6 Ways to Prove the Genuineness of a Relationship. Proving Genuineness of Relationship in Canada Spouse Visa. Canadian citizens and permanent residents that have spouses or partners in other countries may wish to sponsor them to come and live in Canada in the near future.
This is possible through the Canadian Spouse Visa. Individuals who intend to use this program to bring their spouse, common-law partner, or conjugal partner to Canada along with their dependents must show proof that their relationship is genuine. This guide will examine the different methods of proof that Immigration, Refugees, and Citizenship Canada (IRCC) accepts for this program.
Three types of relationships in the Canadian Spouse Visa as it relates to “Genuineness of a Relationship”
The Canadian family sponsorship program allows Canadian permanent residents and citizens to sponsor family members, spouses, or other kinds of partners. Each of these relationship types is described below:
Spouse
IRCC classifies a spouse as someone that is:
- 18 years old or older
- Of either sex
- Legally married to a Canadian citizen or permanent resident
Common-Law Partner
IRCC classifies a common-law partner as someone that is:
- 18 years old or older
- Of either sex
- Not legally married to a Canadian citizen or permanent resident
- Has been living as a Canadian citizen or permanent resident continuously for a minimum of 12 months.
Conjugal Partner
IRCC classifies a conjugal partner as someone that is:
- 18 years old or older
- Of either sex
- Not legally married to a Canadian citizen or permanent resident
- In a relationship Canadian citizen or permanent resident for a minimum of 12 months
- Living outside of Canada
- Unable to live with their partner in their current country of residence due to legal and immigration factors.
Genuineness of a Relationship: What do we mean when we say that a relationship is genuine?
The immigration authorities are concerned with what is called “bad faith relationships” or “marriages of convenience”. These are also sometimes known as ‘green card marriages’ and refer to when a relationship is entered into primarily for immigration purposes. It is against the law to enter a relationship solely to obtain permanent residence in Canada. Thus, the authorities require you to prove that your relationship is genuine when applying to sponsor your conjugal or common-law partner or spouse.
How does the law define a genuine relationship?
Immigration and Refugee Protection Regulations (“IRPA”)
Section 4 of the Immigration and Refugee Protection Regulations prohibits bad faith relationships, stating:
- 4 (1) For the purposes of these Regulations, a foreign national shall not be considered a spouse, a common-law partner, or a conjugal partner of a person if the marriage, common-law partnership, or conjugal partnership
- (a) was entered into primarily for the purpose of acquiring any status or privilege under the Act; or
- (b) is not genuine
The immigration authorities focus on the intention of one or both partners at the time of entering the partnership to determine whether the relationship was entered into primarily for immigration purposes. S.4 applies to those who at the time of marriage, entered the marriage for the primary purpose of seeking immigration status.
What factors affect the Genuineness of a Relationship?
Chavez v. Canada (Minister of Citizenship and Immigration), 2005 IAD TA3-24409 – In Chavez, the Immigration Appeal Division set out different factors that can affect the genuineness of the marriage, noting that each case will be slightly different. The Chavez factors include, but are not limited to:
- the intent of the parties to the marriage
- the length of the relationship
- the amount of time spent together
- conduct at the time of the meeting, at the time of an engagement, and/or the wedding
- behavior subsequent to a wedding
- the level of knowledge of each other’s relationship histories
- level of continuing contact and communication
- the provision of financial support
- the knowledge of and sharing of responsibility for the care of children brought into the marriage
the knowledge of and contact with extended families of the parties - as well as the level of knowledge of each other’s daily lives
How do you prove a common-law relationship?
Common-law partners are two people who have been living together continuously for at least one year in a marriage-like relationship. For immigration purposes, this has the same legal effect as being married and is a basis for a sponsorship.
How do you prove you live together in a common-law relationship?
For common-law relationships, you will need to provide evidence that you have lived together for at least one year. There are many ways that you can prove that you live together. Any official documents that list your common address may be submitted, such as driver’s licenses, bank statements, or a rental agreement or lease.
For marriage, there is no required timeframe for living together before you are able to sponsor your spouse.
How do you prove a conjugal relationship?
Conjugal relationships can be very difficult to prove. We recommend seeking the services of an expert immigration lawyer before applying to sponsor a conjugal partner.
You will need to show that the conjugal relationship has existed for at least one year. You will also need to show extenuating reasons why you have not been able to cohabitate for a year or get married. You need to have been separated for reasons beyond your control, such as the fact that you are in a same-sex relationship in a country where you’d face government persecution, you can’t be together for religious reasons, or you must remain separated due to war.
The mere fact that you live in two separate countries and living together or getting married would be logistically difficult is not sufficient to prove a conjugal relationship.
How do I prove that I am legally married?
To prove that you are legally married, you must submit an original copy of your marriage certificate, plus a certified translation if the marriage certificate is not in English or French.
How do you prove your partner is unmarried?
If you or your partner have been previously married, you will need to provide a divorce certificate. Like the marriage certificate, you will need the original copy and a certified translation if it was not issued in English or French.
6 Ways to Prove the Genuineness of a Relationship
How can I prove that my relationship is genuine? IRCC allows Canadian residents and permanent residents to show various proofs to demonstrate that their relationship with the spouse, common-law partner, or conjugal partner is genuine.
But how do you prove that your relationship is genuine? This article outlines 6 ways to prove that you and your partner are in a genuine relationship.
These are summarized below:
- Marriage Certificate
A marriage certificate is a legally issued and recognized document that demonstrates a marriage between two individuals. This is the most important form of proof for Canadian citizens and permanent residents who wish to sponsor a spouse.
Individuals who are in a common-law or conjugal partnership are not legally married, so they must show other forms of proof instead, like:
- reference letters from friends or family that can attest to your relationship
- personal statements of when, where, how you met, and difficulties you have faced in trying to be together.
- Joint Bank Accounts
If the Canadian citizen or permanent resident and their partner have a joint bank account in Canada, they must prove that the account shows the same address. This is useful for spouses and common-law partners who must demonstrate they live together.
- Joint Leases
If the Canadian citizen or permanent resident and their partner share ownership of a property or have a joint lease, they must present proof of this with the sponsorship application. This is useful for spouses and common-law partners who must demonstrate they live together.
- Joint Utility Bills
Spouses or partners residing together can present joint utility bills such as electricity bills, water bills, or bills as proof.
- Relationships Photos
Canadian citizens or permanent residents can offer supporting proof of their relationship with their spouse or partner with photos showing them together. Couples should ideally include a minimum of twenty photos showing their relationship from the time they met up till the present day.
Couples who are married should include their wedding photos with their application. Those who are in common-law or conjugal partnerships and do not possess wedding photos can show photos of themselves with friends and family. This serves to demonstrate that the couple’s friends and family are aware they are in a relationship.
- Relationship Narrative
A relationship narrative is an important document that applicants should include with their application. This document describes the couple’s relationship story from the time they met up till the present day. Each person should write the narrative from their perspective, as this will help convince the visa officer that the relationship is genuine.
Need help with proving the Genuineness of a Relationship in Canadian spouse visa?
Prospective Canadian permanent residents and citizens interested in applying to sponsor their spouse, common-law partner, or conjugal partner, and think you may have difficulty proving the genuineness of your relationship, we highly recommend that should get in touch with us at Chugo Immigration Services. We understand the requirements for the spouse sponsorship program and can guide you in optimizing the application for success.
To complete a “FAMILY SPONSORSHIP FREE ASSESSMENT FORM” click here
What are your other options for Canadian Immigration?
Let us help you to navigate any of the following pathways to Canadian Immigration:
- Provincial Nominee Program
- Federal Skilled Trades Program
- Canadian Experience Class
- Humanitarian and Compassionate
- Study to Immigrate
- Atlantic Immigration Pilot Program
- How to Become a Canadian Citizen: Applying for Canadian Citizenship
- Family Sponsorship
- Spousal Sponsorship
- Express Entry
- Federal Skilled Workers Program
- Caregivers
- Canada Business Immigration Programs
- Refugee and Asylum
- Visa rejections and Appeals
Chugo Immigration Service is authorized to offer Canadian Immigration and Citizenship services under the Immigration and Refugee Protection Act. The Principal Consultant, Pius Chukwuma Ekwulugo RCIC, is a member in good standing of the College of Immigration and Citizenship Consultants (CICC) and has helped many foreigners to start a new life in Canada. We will help you too!
For international recruitment of foreign workers to Canada, we partner with Godzone International Recruiting.