Dear Mr Brown,

I am a Canadian who has been living in Jamaica for the past two years. Although I am currently married and my wife lives in Canada, I have lived with a woman in Jamaica for over a year and would like to know whether I can sponsor her to migrate to Canada.

— LT

Dear LT:

In response to your question, I can state that it is indeed possible to sponsor a common-law partner under such circumstances, since Canadian citizens and permanent residents may sponsor spouses or common-law partners.

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 cohabitate for a period of at least one 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.

The relationship must be exclusive (monogamous), intimate and a mutual commitment to a shared life. The couple must subjectively present themselves as being a couple and should be objectively seen by others as being a couple.

Please note that in a common-law relationship, there is not a single point in time at which a commitment is established. It is the passage of time together, and the building of intimacy and emotional ties as well as financial ties that are important.

It includes acts, such as becoming the beneficiaries of insurance policies or estates, joint ownership of possessions, and joint expenses or sharing of income, and so on.

Sponsoring a common-law partner when married to another person

Even though you are married, 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 for a sufficient period through documentary evidence.

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