Dear Mr Brown:

I am a Jamaican who migrated to Canada eight years ago. I am currently married to a Canadian woman. However, the marriage has broken down, although I am not divorced as yet. I recently spent 18 months in Jamaica and met my girlfriend who eventually moved in with me. I have now returned to Canada. I would like to know if I can sponsor my girlfriend to migrate to Canada as a common-law partner.

— ML

Dear ML:

I can provide a general response to your query as you did not mention details such as the actual length of time that you lived with your girlfriend or the nature of your relationship to establish whether a common-law relationship has been formed.

It suffices to state that your situation seems a little complicated. I am not sure if you wish to divorce your wife. However, in response to your question, I can state that it is indeed possible to sponsor a common-law partner under such circumstances.

Common-law relationship

The term “cohabitation” refers to a couple who is living together with some degree of permanence, interdependence and commitment in the relationship. Common-law partners must cohabit for a period of at least one (1) year. In general, a common-law relationship must entail a combination of the following characteristics:

* Shared shelter;

* Sexual and personal behaviour, such as commitment and fidelity;

* Shared services, such as household chores;

* Social activities, such as behaving as a couple in the community and with their families;

* Economic support, such as financial arrangement and property ownership;

* Shared responsibility for raising children; and

* The objective general societal perception of the partners as a couple.

Sponsoring a common-law partner when married to another person

Canadian citizens and permanent residents may sponsor common-law partners. Even though you are married to a third party, you may still be considered a common-law partner provided that the criteria are met and there is a breakdown of your marriage. You must have lived separate and apart from your spouse for a sufficient period of time to establish a common-law relationship. However, it must be highlighted that cohabitation with your common-law partner cannot be considered to have started until you have been separated from your spouse. The onus would be on you to satisfy an immigration officer that you have been separated through documentary evidence.

I wish you the best of luck in your future endeavours.

For more information, please visit jamaica2canada.com

Antonn Brown, BA, (Hons), LLB, MSc, RCIC, is an immigration counsel, education agent and managing director of Jamaica2Canada.com — a Canadian immigration and education firm in Kingston. Send questions/comments to jamaica2canada@gmail.com