Canadian immigration, principal applicants and the criteria for common-law relationships as well as same-sex relationships

When applying for immigration to Canada via Citizenship & Immigration Canada (CIC) you must always have a principal applicant. This is the person who can fulfill the criteria of the particular immigration route you are choosing. It does not have to be the head of the household, nor does it have to be the male in a mixed sex relationship. You should look at the criteria and determine which family member will gain the most points or have the correct work history in order to qualify.

The principal applicant can then name spouses and dependent children as family members to be included in their application. Many people wrongly assume that a couple has to be heterosexual and married in order for their relationship to be recognized by CIC as valid, but this is not the case. CIC recognizes common-law relationships as well as same-sex relationships, but you do have to be aware of certain criteria that have to be met in order for your relationship to be accepted.

CIC Definitions:

Spouse: Two people of opposite or same-sex in a legally recognized marriage. Common-law: Two people of opposite or same-sex who are living in a conjugal relationship and have been doing so continuously for at least one year. Conjugal: Two people who live together and have significant commitment to one another i.e. financial, emotional, children etc.

Some issues may arise when applying for immigration to Canada that may never have been a factor before and could actually prevent the CIC from recognizing your relationship as common-law. If you know before hand what these issues might be you can prepare in advance and get your affairs in order so that when the time comes you have no problems proving your relationship.

When CIC accepts common-law relationships both heterosexual and gay or lesbian it has to receive proof from the couple that their relationship is real and not being used for the benefit of immigration. This means that you will need to prove that your relationship is conjugal. Evidence that you share a home, support each other financially, are in an emotional relationship and perhaps have children will all be taken into account.