If an individual has come to work in Canada and his common law spouse is living in another country can he still claim her as a common law spouse?

Answer

Yes, if he can prove he is supporting her financially. Her income also has to be below what is considered a "living wage" in the home country, as that can vary a great deal from our standards in other countries. You need to contact CRA for more information about that part of it. If however you can prove the spouse does not earn a living wage (by copies of their tax returns etc from the home country) and that you are sending financial support, you can claim the spouse. But no other family members.

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