Common-Law Couple Separated at Border Due to Lack of Proof


When immigrating to Canada with your common-law partner, there are necessary requirements and proof that you must show to successfully cross the border together. Unfortunately, for some couples especially during these unpredictable times, lack of common-law partner proof has separated them.

Canadian-American couple Stephen and Cathy were separated at the border in June 2020 because they were not able to prove their common-law status without any idea when they will be reunited.

The couple attempted to cross the Canadian border from North Dakota into Saskatchewan after Canada changed travel restrictions that allow immediate family to enter. After Cathy was denied entry due to a lack of common-law proof, the couple decided to turn around and reenter the US to stay together. Unfortunately, Stephen was then denied entry because the US isn’t allowing Canadian visitors because of COVID-19 restrictions.

Why Were They Denied?

To qualify as a common-law partner or unmarried couple, you must show proof of living together for at least one year. In fact, the couple had lived together for a year-and-a-half in their RV, mainly splitting their time between Ontario and California. Although the couple had proof of life together including campsite reciepts, they did not pass the test. Instead, The border officer wanted to see a rental agreement or mortgage documents which the two couldn’t provide.

What is a Common-Law Partner?

To be considered a common-law partner, one should have lived together with another person in a conjugal relationship for at least one year. This applies to both opposite- and same-sex relationships. In a sponsorship case, you will typically have to provide proof of this union, which can be done in the form of financial records, property, utility bills, joint accounts, or other means.

Are You in Need Common-Law Partner Assistance?

The immigration application process can be very difficult. These days, the rules and regulations make it increasingly difficult to qualify for a visa. Therefore, if you’re interested in immigrating to a different country, it is essential that your application is handled properly from start to finish.

If you want to increase your chances of getting a visa, you should hire an experienced immigration lawyer. At Visaplace, we have been in the business long enough to know what to do to increase your chances of success.

To get started, please fill out our free online immigration assessment form today!

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