Substantive Educational Development
For UCICA Members
Registration instructions: A UCICA member must log in first to complete registration.
Common law spouse refers to a relationship like a marriage, but it is not registered as a documented marriage.
In common law it also means living together for one year without any long periods where you did not see each other. Under Canadian laws, one statutory declaration signed by the parties may establish this relationship and also the end of such relationship. A common law relationship ends when at least one partner does not intend to continue it. There is no government registration process involved in this category; whereas marriage is constituted through a legal and documented process and many jurisdictions worldwide accept this relationship as legal and civil.
When it comes to proving relationship for Immigration purposes, the common law spouse applicant has to rely on many direct or indirect third-party evidences/documents from their respective place(s) of residence, which may also carry different evidential weight in the eyes of the law or decision maker, than from the applicant’s point of view.
On the other hand, in a married spousal relationship, in every case this is documented and backed up by an authenticated civil document which can be verified by the decision maker.
When it comes to establishing and proving the genuineness of the relationship, both classes face similar thresholds and evidential burden of proof. The burden of proof is always on the applicant, not on the decision maker or legal representative.
This program may assist attendees to define and understand the legality of relationship, related documents, and applicable regulations, policies and procedures for better results.
"U.C.I.C.A." is a Canadian non-profit organization.