In Canada, a common-law partner is someone with whom you have lived in a conjugal relationship for at least one year. A Canadian citizen or permanent resident can sponsor their common-law partner for permanent residency, but must provide substantial evidence of the relationship since there is no marriage certificate.
Common-Law Relationship
- A common-law partner is someone who has lived with another person in a conjugal relationship for at least one year.
- Both partners must be 18 years or older.
- The couple must live together continuously for at least one year.
- Both partners can be of the opposite sex for the same sex as the sponsoring partner.
- This means a relationship similar to marriage, involving intimacy and exclusivity, and significant personal and financial interdependence.
Factors to Establish a Conjugal Relationship
- Living together in the same residence.
- Intimate and exclusive relationship.
- Financial interdependence.
- Shared household responsibilities.
- Joint responsibility for any children.
- How the relationship is viewed by friends and community.
- Participating in social activities as a couple.
Proving a Common-Law Relationship
- Proof of continuous cohabitation for at least one year.
- Documentation
– Joint lease or rental agreements.
– Utility bills with both names.
– Joint bank accounts.
– Tax returns listing both as partners.
Proving the Relationship is Genuine
- Proof of how the relationship evolved.
- Demonstrations of support from family and community.
- Ensuring the relationship is real and not solely for immigration benefits.
Sponsor’s Eligibility
To be eligible the sponsor must:
- Be a Canadian citizen or Permanent Resident.
- Be at least 18 years of age.
- Reside in Canada if you are a Permanent Resident.
- Sign a 3-year undertaking to be financially responsible for the spouse or partner once they arrive in Canada.
- Meet certain financial requirements, including not being in receipt of social assistance other than for a disability.
- Not have been convicted of certain crimes or currently be detained.
- Not be subject to a removal order.
- Not have already applied to sponsor your current spouse, partner or child and a decision on your application has not been made yet.
- Not have been sponsored yourself as a spouse or partner within the last 5 years.
- If you have previously sponsored a spouse or partner, you must wait three years since this person became a permanent resident to sponsor another person
Requirements for Foreign Partner
- Be in a genuine relationship.
- Be at least 18 years of age.
Requirements to Sponsor in Canada
Sponsoring a common-law partner in Canada involves committing to provide:
- Financial support, including housing, food, clothing, and medical expenses not covered by public health insurance.
- This obligation lasts for 3 years from the day your partner becomes a permanent resident.
- Once approved, this undertaking cannot be canceled, even if your circumstances change.
FAQs
Can I sponsor a common-law partner not residing with me?
Yes, with evidence of a committed relationship. Continuous cohabitation for one year is typically required.
How can I prove the genuineness of a common-law relationship?
Submit relationship questionnaires, marriage certificates, shared expenses proof, photos, and other relevant evidence.
Can a partner include dependent children in the application?
Yes, dependent children are part of the family unit and can be included in the permanent residence application.
Can I sponsor if I am legally married to someone else?
No, it's not possible. Sponsors must be legally eligible, including being free to enter into a new relationship.
Should sponsors live in Canada and provide support?
Yes, sponsors must live in Canada or show intent to. They commit to financially supporting the a partner for three years.
Who needs to undergo police clearance and medical exams?
Only the applicant and dependent children (if any).
Is having a job a requirement for sponsorship?
While not mandatory, sponsors must demonstrate financial capacity to support their partner. Jobless sponsors can use savings or assets.
Is there a specific income requirement for sponsorship?
No, but sponsors commit to financial support for three years. Proof of capability, rather than a minimum income, is crucial.
Can I leave Canada during common-law sponsorship processing?
Sponsors are expected to stay, but the sponsored person can leave with risks. Work permit implications and entry restrictions may apply.
Can a common-law partner include dependent children in the application?
Yes, dependent children are part of the family unit and can be included in the permanent residence application.
Can I reapply if my sponsorship application is refused?
Yes, with a clear understanding of rejection reasons. Provide additional information or evidence addressing previous concerns.
Can I withdraw my sponsorship application?
Yes, before the sponsored person becomes a permanent resident. Proper notification is essential.
Can I sponsor a new common-law partner after the end of relationship from a sponsored common-law partner?
Yes, after the three-year commitment period ends. A five-year restriction applies to individuals sponsored as a partners.
Can my common-law partner stay in Canada during the processing period?
Yes, legal status must be maintained. Temporary residents can apply for a Visitor Record for extended stays.
Does my common-law partner need to prove language skills?
Generally, no. Language test results are not required. However, for future citizenship, language requirements may apply.
Is a medical condition a concern for sponsorship?
Yes, medical examinations are mandatory. Serious conditions are assessed individually; medical inadmissibility does not guarantee refusal.
Is common-law partner sponsorship different in Quebec?
Yes, with additional criteria and a separate undertaking application for Quebec applicants.e.
Can I appeal a common-law partner sponsorship refusal?
Yes, within 30 days of the refusal, an appeal can be filed with the Immigration Appeal Division.
Can I cancel my common-law partner sponsorship?
Yes, as long as permanent residency is not granted yet. Withdrawal before processing starts may allow fee refund.
Can my common-law partner work in Canada during processing?
Yes, under the Open Work Permit program for a partners awaiting permanent residence.
Can I sponsor a common-law partner with a criminal record?
It depends on the offense. Some convictions may result in inadmissibility.
How can I prove 12 months of cohabitation for common-law partnerships?
Evidence includes shared property, leases, utility bills, joint insurance, photos, joint bank accounts and other documents.
Does marrying a Canadian automatically grant permanent residence?
No, formal immigration processes, eligibility requirements, and application steps must be followed.
If I separate after being sponsored, do I have to leave Canada?
No, permanent residency is not revoked due to relationship end, but it may be subject to investigation.
Can same-sex partners be sponsored in Canada?
Yes, Canada recognizes same-sex marriages and relationships, allowing them to apply under the same categories, with eligibility criteria requirements.
How long do sponsorship applications usually take?
Approximately 12 months.
Why could my application be refused?
Possible reasons include inadequate proof of a genuine relationship, errors in forms, misrepresentation, failure to meet requirements, and inadmissibility due to convictions.
What if I lack some required documents?
Provide alternative documents if possible; if not, explain the absence in detail.
Are police clearance and medical exams necessary at the time of application?
Police clearance usually may be required at the time of application. However medical exam is requested post-application.
Will we be required to attend an interview?
It's unlikely, but immigration officers may request an interview under certain circumstances:
- If there's insufficient documentation to support the authenticity of your relationship.
- If there are contradictions in the information provided.
- If you've spent too little time living together. Ideally, demonstrating the genuineness of your relationship in your application would make an interview unnecessary. However, as experienced immigration lawyers, we can help you prepare for any potential interview and ensure you present a convincing cas
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