Common Law Requirements

The common law sponsorship category is part of Canada’s family reunification plan. Eligible permanent residents and Canadian citizens who qualify to sponsor may facilitate their Common Law Partner for permanent resident status.

In order to qualify as a sponsor, you must:

• Be 18 years of age or older,
• Be a Canadian citizen, Registered Indian or permanent resident,
• Be sponsoring a member of the Family Class,
• Live in Canada or provide evidence, if you are a Canadian citizen living outside of Canada, that you will live in Canada once the person you are sponsoring becomes a permanent resident,
• Sign an agreement with your spouse or common-law partner confirming that each of you understands your obligations and responsibilities,
• Sign an undertaking promising to provide for your spouse or common-law partner’s basic requirements and, if applicable, those of his or her dependent children,

Signing an Undertaking

When you agree to be a sponsor, you must sign a contract called an undertaking with the Minister of Citizenship and Immigration. The undertaking is a promise to provide financial support for your spouse or common-law partner’s basic requirements and those of his or her dependent children. This also includes other health care not provided by public health, such as eye and dental care.

The undertaking ensures that these persons and their family members do not have to apply for social assistance. Its length varies according to their age and their relationship to you.

As you intend to be sponsoring your common-law partner, there are other factors that you should consider as well. Essentially, you will need to demonstrate the genuineness of your relationship as well as your relationship status. In Canada, you may sponsor a Common Law Partner regardless of his or her gender as Canada will still consider same-sex partnerships.  However, in order to be considered in a common law relationship, you will need to satisfy an officer that you are cohabiting in a conjugal relationship and have done so for at least one year.

Aside from this key factor, you will also need to demonstrate the genuineness of your relationship.