Common Law Partner Sponsorship Canada: Spouse Visa Requirements

Common-Law Sponsorship in Canada is a pathway for Canadian citizens and permanent residents to bring their foreign partners to Canada as permanent residents. Unlike marriage, a common-law relationship is established through proof of cohabitation and shared responsibilities, making it essential to provide solid evidence to support your case.

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Understanding Common Law Partner Sponsorship

Common-Law Sponsorship is a category within the Canadian Spouse Visa for Canadian citizens and permanent residents to bring their foreign partners to Canada as permanent residents. A common-law relationship, as defined by Immigration, Refugees, and Citizenship Canada (IRCC), refers to a couple who have lived together in a conjugal relationship for at least one year. This relationship must be proven through evidence of cohabitation and mutual commitment, akin to a marriage. Here are the key points to understand the Common-law partner relationship:

What is Cohabitation? Cohabitation is when two people live together as a couple without being married. It’s like living together as a family but without the legal commitment of marriage.
Ongoing relationship: Even if they’re apart for a short time due to work, family, or other reasons, they’re still considered cohabiting if they plan to live together again soon.
Sponsor in Canada and Common-Law Partner Abroad: Even if a Canadian partner is sponsoring a common-law partner who lives abroad, they can still be considered common-law if they plan to live together as soon as possible.
Long separations: The longer a couple is apart, the harder it is to prove they’re still in a relationship.
Previous Relationships: If either partner was previously married or in a common-law relationship, their new relationship must be clearly established.
Prohibited Relationships and Legal Restrictions: Some relationships cannot be considered common-law in Canada, such as relationships between family members, people under 18, or people in a polygamous relationship. Additionally, relationships formed for the sole purpose of immigration are prohibited.

Eligibility Requirements for Common-Law Partner Sponsorship

To qualify for Common-Law Sponsorship in Canada, both the sponsor and the foreign partner must meet specific eligibility criteria:

Who Can Sponsor?

Age: You must be at least 18 years old.
Status: You must be a Canadian citizen or permanent resident.
Residence: You must reside in Canada or plan to return to Canada when your partner becomes a permanent resident.
Financial Stability: You must not be receiving social assistance for reasons other than disability and must have the financial ability to provide for the basic needs of your sponsored partner.

Who Can Be Sponsored?

Age: Your foreign partner must be at least 18 years old.
Relationship: You must provide evidence that your relationship is genuine and that you have lived together continuously for at least one year.
Legal Status: Your partner must not be married to someone else unless they have been separated for at least one year.

Documentation and Evidence for Common-Law Sponsorship in Canada

Successfully applying for common-law sponsorship in Canada requires substantial documentation and evidence to prove the authenticity and stability of the relationship. Here are the types of evidence you should prepare:

Proof of Cohabitation: Jointly addressed utility bills (electricity, water, internet), lease or mortgage agreements that show both names, indicating shared residence, jointly held renter’s or homeowner’s insurance policies listing both names etc.
Shared Financial Responsibilities: Statements showing both names and shared financial activity, documentation of jointly owned investments, savings accounts, or other financial assets.
Documentation of Relationship History: Photos of significant moments, travels, and events showing both partners together, social media posts, emails, text messages, and letters exchanged over the course of your relationship.
Proof of Shared Responsibilities: Documentation showing how household responsibilities are divided, such as shared calendars or lists. Receipts for large purchases made together, such as furniture or appliances.
Legal documentation: Wills, powers of attorney, documents where one partner grants the other legal authority in medical or financial matters.
Commitment to each other: Health insurance, medical records, health policies covering both partners. Letters or affidavits from close family members and friends who can attest to the genuineness of your relationship.
Documents Reflecting Social Perception: Invitations to events addressed to both partners, cards or gifts exchanged between families recognizing your relationship, statements from acquaintances, colleagues, or community members that confirm your relationship is perceived as a genuine common-law partnership.
Required forms: IMM 1283, IMM 5589, IMM 5669, IMM 5406, IMM 5532, IMM 5476, IMM 5475.

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Application Process for Common Law Partner Sponsorship

Sponsoring your common-law partner for Canadian permanent residence involves several steps, each requiring careful attention to detail. Here’s a comprehensive guide to help you navigate the process:

Determine Eligibility: Ensure that both you and your partner meet all the eligibility requirements for common-law partner sponsorship in Canada.
Gather Required Documents: Collect the necessary documentation to support your application:
- Proof of Relationship: Include photos, correspondence, joint leases, and other evidence that demonstrates your cohabitation and commitment.
- Financial Documents: Provide financial statements and other documents that show your ability to support your partner.
- Obstacles to Cohabitation: If applicable, submit evidence that explains why living together may have been difficult or impossible.
Complete Application Forms: Fill out the required forms with accurate and detailed information:
- Generic Application Form for Canada (IMM 0008)
- Relationship Information and Sponsorship Evaluation Form (IMM 5532)
- Financial Evaluation (IMM 1283)
- Schedule A – Background/Declaration (IMM 5669)
- Additional Family Information (IMM 5406)
- Use of a Representative (IMM 5476), if applicable
- Authority to Release Personal Information (IMM 5475), if applicable
Submit Application: Follow the guidelines provided by Immigration, Refugees, and Citizenship Canada (IRCC) to submit your completed application online or by mail, depending on the requirements.
Await Processing: Be prepared for varying processing times, which depend on the completeness of your application and the volume of applications being processed by IRCC. Stay informed and responsive to any requests for additional information from IRCC.

Common Challenges in Common-Law Sponsorship

Applicants may face various challenges, such as:

Proving Relationship Authenticity: One of the biggest challenges in the Common-Law Sponsorship process is providing sufficient evidence that your relationship is genuine. Immigration, Refugees, and Citizenship Canada (IRCC) requires detailed proof that you and your partner have been living together and sharing a life similar to that of a married couple.
Dealing with Previous Relationships: If either you or your partner has been in a previous common-law relationship or marriage, you must provide clear evidence that the prior relationship has ended. This may include a formal declaration of separation, a separation agreement, or other legal documents.
Living Apart: If you and your partner have had to live apart due to circumstances such as work or political unrest, you must prove that your relationship is ongoing and that you intend to live together again as soon as possible. Evidence of communication, visits, and joint responsibilities can help support your case.
Prohibited Relationships: Certain relationships cannot be recognized as common-law under Canadian law. This includes relationships involving close blood relatives, relationships where one or both partners are under the age of 18, or relationships formed for the sole purpose of gaining immigration benefits.

Need Guidance with Common-Law Partner Sponsorship?

Our experienced immigration consultants are here to help you navigate the complexities of the Canada Common-Law Partner Sponsorship program. We offer:

Personalized Assessment: We take the time to understand your unique situation and provide tailored advice on how to best prove the authenticity and commitment of your common-law relationship.
Comprehensive Support: From gathering essential documents to completing and submitting your application, we manage every aspect of the process, ensuring that nothing is overlooked.
Expert Guidance: Benefit from our expertise in presenting strong evidence for your relationship, including shared living arrangements, financial interdependence, and how you’re perceived as a couple by friends and family.

Ready to bring your partner to Canada? Let us help you make it happen. Contact us today for a consultation and take the first step toward a successful Common-Law Partner Sponsorship application!