FAQs: Common Law Sponsorship

Common Law Sponsorship FAQs

Progressively, Canada recognizes many forms of relationships. Canadian citizens and permanent residents are eligible to sponsor common-law partners.

How do I sponsor my Common Law Partner for permanent residence in Canada?

Sponsoring your common-law partner for permanent resident status in Canada is not only based on your relationship itself but must also meet basic criteria to be considered common law. Once you have obtained the proper and relevant documentation, depending on whether or not your partner resides with you in Canada or abroad will be an indicator of where and how you submit your application.

What documents do I need to sponsor my Common Law Partner for permanent residence in Canada?

Part of a common law application is not only demonstrating the genuineness of your relationship but that you are indeed in a common law relationship. This includes demonstrating cohabitation. Documents that prove this can be in the form of joint bank accounts, joint bills, and joint property ownership or lease agreements. Documents to demonstrate genuineness can range from photos to travel itineraries.

How do I sponsor my Common Law Partner for permanent residence in Canada?

There is definitely a difference between sponsoring a common-law partner abroad versus from within Canada. There are certain pros and cons to each of these applications. If your spouse currently resides in Canada, this is called an inland application. Should you wish to sponsor your common-law partner in Canada, your partner will have the ability to remain in Canada on what is called “implied status” until a decision is made. On the other hand, your partner is strongly recommended not to leave Canada until this decision is made. If they do leave prior to a decision, their application could be considered abandoned.

How do I sponsor my Common Law Partner for permanent residence who is not in Canada?

This is called an overseas application. In cases where your common-law partner resides abroad or outside of Canada, your application is still first submitted in Canada but will then be moved to a visa office abroad for further processing. In this way, your application will be assessed in two parts. First, the sponsor will be assessed; once the sponsor is approved, the application will then be moved to the visa office responsible for your partner’s country of citizenship or residence for further processing.

How long does it take to sponsor my Common Law Partner for permanent residence?

Permanent resident applications have extensive processing times and can take up to two years to process, depending on the factors of your unique case. This is why preparing a strong application is crucial to avoiding undue processing delays.