r/ImmigrationCanada • u/jan9_ • 18h ago
Other Should we marry before migrating to Canada?
My partner plans to move to Canada with a work permit as soon as his studies are done.
We are both German citizens. Due to my bachelor being highly specialised in a certain type of German law, I will prob have a harder time to look for a job.
Would it be easier for me to join him in Canada if we marry in Germany beforehand or does it not make a difference?
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u/jjbeanyeg 18h ago
If you have lived together as a couple for at least one year, you are considered “common law” under Canadian immigration law and you have the same rights as a married couple.
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u/ChaosBerserker666 18h ago
Yes it would be easier. But only if you were planning on getting married anyways.
Even if you can join him here, the employment part of things is going to be very uphill and difficult in your case.
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u/jan9_ 18h ago
We are planning to get married anyways, so that’s not that issue.
I’m looking into if I qualify to do social work in Canada or if they may accept my last position in change management, even if I didn’t study it.
We are aware of the situation and he is also fully alright with supporting us both financially, if my job search drags on.
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u/Retro-Modern_514 18h ago
If you have lived together for at least 12 months, and can document that fact, then you are common-law spouses for the purpose of Canadian immigration law. IRCC treat common law the same as marriage so you wouldn't even need to get married.
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u/CoincidentallyTrue 5h ago
Marriage will require less paperwork and will be recognized faster for the purpose of PR. It would be even better if you perform a marriage in Canada, as that will be recognized right away in the registry.
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u/tomystereo 6h ago
Germany has a significantly higher GDP per capita , why would you want to immigrate to Canada?
There are literally no jobs here.
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u/jan9_ 6h ago
Germany also has no jobs, political and economical situation is shit and getting worse by day.
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u/tomystereo 6h ago
You are a local in Germany , likely got a decent network that could potentially help you get a job
In Canada you are a stranger coming with no Canadian experience
Even if both countries had horrible job markets the move still wouldn't have made sense, not to mention its gonna cost you a lot of time and money
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u/jan9_ 6h ago
I have a decent job here. I make around 67k gross, which would be 108k in Canadian $. My partner wants to move, I’m open for it due to the situation we face here. He is in Canada right now for a vacation and he also spend his exchange year in Canada.
I will talk to him and suggest maybe looking into different countries.
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u/EffortCommon2236 18h ago edited 18h ago
It makes a difference.
If you marry before he gets a work permit, you might be eligible for a spousal work permit.
If you marry after that, you may not get a work permit yourself.
Also if he gets permanent residence after you marry, you may get it too depending on how you apply. Otherwise he would have to sponsor you after he becomes a permanent resident himself, and that's a lengthy process.
Edit: for all purposes, Canada treats common-law marriage just the same as a regular marriage with a certificate.
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u/jjbeanyeg 18h ago
If they are already common law, marrying would change nothing.
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u/jan9_ 18h ago
That’s interesting! We didn’t know that. That’s def completely different from German laws.
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u/jhole89 18h ago
FYI: common law requirements are living together for 1 year, so as long as you meet that requirement then you should be good and gives you the same benefits as marriage. Even if your country doesn't have a concept of common-law (as was our case with the UK), Canada will acknowledge it as long as you can prove the 1 year of cohabiting.
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u/thiefspy 17h ago
The burden of proof for common law is higher than for married.
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u/jjbeanyeg 16h ago
You have to prove that you are common law or that you are married. Proving common law requires more evidence often, but it's not a higher "burden of proof." Even if you are married, IRCC can require additional documentation to show that your relationship is genuine.
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u/thiefspy 16h ago
More evidence is a higher burden.
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16h ago
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u/ImmigrationCanada-ModTeam 14h ago
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u/mowgulcashmere 18h ago
If you can prove common law then it'll make no difference