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Common-law Sponsorship Canada

Sponsorship for your common-law partner

bringing you together in Canada

Are you and your beloved common-law partner currently living apart and yearning to be reunited? Are you dreaming of a happy life together in Canada? Perhaps your common-law partner is already visiting you in Canada, and you wish to make their stay permanent. In this article, we will provide you with up-to-date information on eligibility requirements and key factors to consider when sponsoring your common-law partner, helping to ease the complexities and emotions involved.

Comon law Couple holding hands. Photo by Brooke Cagle on Unsplash

Assessing a common-law relationship

In the immigration context, a common-law partnership means that a couple has lived together for at least one year in a conjugal relationship. This means they share a life together, emotionally and physically, and have combined their affairs and responsibilities. It is important to note that establishing a common-law relationship requires providing evidence of cohabitation and the intention to live as a couple. The onus is on the applicant to prove that they have been living in a common-law relationship for at least one year before submitting the sponsorship application.

It’s crucial to understand that a common-law relationship is considered a de facto relationship, meaning it must be established on a case-by-case basis based on the facts presented. This differs from a marriage, which is legally recognized as a de jure relationship. Therefore, it is essential to gather compelling evidence to demonstrate the genuineness of your common-law partnership, such as joint financial documents, shared residential agreements, and bills for shared utilities. Providing comprehensive proof strengthens your application and increases the likelihood of a successful sponsorship.

Eligibility Requirements for Common-Law Sponsorship

To sponsor your common-law partner for permanent residency in Canada, you must meet certain eligibility criteria. Here are the key requirements:

You must prove that you have a genuine and committed relationship with your common-law partner. This includes demonstrating that you have been living together continuously in a conjugal relationship for a minimum of 12 months. Evidence of joint financial responsibilities, shared assets, and social commitments can help strengthen your case.

Your common-law relationship must be legally recognized in the jurisdiction where it was formed. This means that you must meet the legal requirements for a common-law partnership, such as cohabitation for a specific duration and presenting yourselves as a couple in public.

As a sponsor, you must commit to providing financial support to your common-law partner to ensure they do not rely on social assistance from the Canadian government. This obligation typically lasts for three years from the date your partner becomes a permanent resident.

Other Factors to Consider

While meeting the eligibility requirements is crucial, there are other important factors to consider when sponsoring your common-law partner. These include:

Ensuring that your sponsorship application is complete and accurate is essential. Missing documents or incomplete information can lead to delays or even rejection. Working with an experienced immigration professional can help ensure that your application is thorough and meets all requirements.

The processing times for common-law sponsorships can vary. It is advisable to stay informed about the current processing times and plan accordingly. Patience is key during this process, as it can take several months for a decision to be reached.

Navigating the common-law sponsorship process can be complex and overwhelming. Seeking the guidance of an immigration consultant or lawyer who specializes in family sponsorship can provide you with invaluable support. They can help you understand the requirements, gather the necessary documentation, and present a strong case on your behalf.

Please note that immigration policies and requirements can change over time. It is important to consult official government sources or seek professional advice to ensure that you have the most accurate and up-to-date information for sponsoring your common-law partner.

At Akrami & Associates, we are dedicated to helping couples like you reunite and build a future together in Canada. Our team of experienced immigration experts is here to assist you every step of the way. Don’t let distance or uncertainty hinder your love. Contact Akrami & Associates today, and let us guide you toward a successful common-law sponsorship.

Eligibility to Sponsor Your Common-Law Partner

Requirements and Considerations

Before embarking on the process of sponsoring your common-law partner, it is crucial to determine your eligibility as a sponsor. Meeting the necessary requirements is essential, as failing to fulfill any of them can result in ineligibility. In this article, we will outline the current eligibility criteria for sponsoring your common-law partner, ensuring that you have a comprehensive understanding of the requirements involved.

To sponsor your common-law partner, you must meet the following eligibility requirements:

You must be a Canadian citizen, a permanent resident of Canada, or an individual registered in Canada as an Indian under the Canadian Indian Act.

You must be at least 18 years old to be eligible as a sponsor.

It is crucial to note that you must be residing in Canada to sponsor your common-law partner. If you are currently living outside of Canada, you will need to demonstrate your intent to live in Canada once your common-law partner obtains permanent residency. Additionally, if you are a permanent resident living outside of Canada, you are not eligible to sponsor your common-law partner.

As a sponsor, you must provide evidence that you have sufficient income to support your common-law partner’s basic needs upon their arrival in Canada. This requirement ensures that your partner will not rely on social assistance from the Canadian government.

It is important to consider that immigration policies and requirements can change over time. Therefore, it is advisable to consult official government sources or seek professional advice to ensure that you have the most up-to-date and accurate information regarding the eligibility criteria for sponsoring your common-law partner.

Additional Factors to Consider:

While meeting the eligibility requirements is crucial, there are other factors to consider when sponsoring your common-law partner. These may include:

Ensuring that your sponsorship application is complete and accurate is essential. Missing documents or incomplete information can result in delays or even rejection. Working with an experienced immigration consultant or lawyer can help ensure that your application is thorough and meets all the necessary requirements.

As a sponsor, you will be required to sign a sponsorship undertaking, which is a legally binding commitment to provide financial support to your common-law partner for a specified period. This commitment typically lasts for three years from the date your partner becomes a permanent resident.

The sponsorship process can be complex and overwhelming, with various requirements and documentation to be handled. Seeking the guidance of an immigration consultant or lawyer who specializes in family sponsorship can provide invaluable support. At Akrami & Associates, our team of experts is well-versed in the intricacies of the sponsorship process, ensuring that you receive comprehensive assistance every step of the way.

It is important to stay informed about the latest updates and changes in immigration policies and requirements. Consulting official government sources or seeking professional advice will help ensure that you have the most accurate and up-to-date information for sponsoring your common-law partner.

Requirements and Recent Changes

In Canada, the unification of families holds great significance and forms an integral part of both personal life and the Canadian Immigration System. Canadian citizens and permanent residents have the opportunity to sponsor their common-law partners under the Family Class for permanent residence in Canada. However, to be eligible to sponsor your common-law partner, you must first meet the criteria to establish a common-law union. This article will provide you with detailed information on qualifying as a common-law union and highlight recent changes to the conditional permanent residence requirement.

To be recognized as a common-law relationship in Canada, the following requirements must be met:

You and your partner must be in a committed relationship that resembles a marriage in its nature and character. This entails demonstrating your mutual intent to build a life together and share responsibilities and experiences as a couple.

You and your partner must show that you have combined your affairs and are interdependent on each other. This can be demonstrated through joint bank accounts, shared financial obligations, shared living arrangements, and other factors that establish your commitment to each other’s well-being.

The most crucial requirement is that you have cohabitated for a minimum of one year. This means that you have lived together in a conjugal relationship continuously for at least 12 months, excluding any brief absences for work or other valid reasons.

Recent Change to Conditional Permanent Residence:

There has been a recent change to the conditional permanent residence requirement for spouses and partners. Previously, sponsored spouses or partners and their dependents were required to live together with the sponsor in a legitimate relationship for a specific period after receiving confirmation of permanent residence. However, this condition no longer applies. As of the recent change, sponsored spouses, partners, and their dependents are no longer obligated to live together with the sponsor upon obtaining permanent residence.

It is important to note that immigration policies and regulations can evolve over time. To ensure that you have the most accurate and up-to-date information, it is advisable to consult official government sources or seek guidance from a qualified immigration professional.

Understanding the requirements and recent changes related to qualifying as a common-law union is essential when sponsoring your partner for permanent residence in Canada. If you have any further questions or need assistance navigating the process, it is recommended to seek the help of an experienced immigration consultant or lawyer who can provide personalized guidance and support.

The importance of family reunification is acknowledged in Canada, and at Akrami & Associates, we are dedicated to helping individuals unite with their loved ones through the sponsorship process. Contact us today to explore your options and receive professional assistance in establishing your common-law union and sponsoring your partner for permanent residence in Canada.

Considerations for Individuals Legally Married to Another Person

Sponsorship for Common-Law Partner

It is possible for individuals who are legally married to third parties to be considered common-law partners, provided their marriage has broken down and they have lived separately and apart from their spouse for at least one year. During this period of separation, they must have cohabited in a conjugal relationship with their common-law partner. It is important to note that the establishment of a common-law relationship can only begin once a physical separation from the legal spouse has taken place. It is not legally possible to establish a common-law relationship if one or both parties continue to maintain a conjugal relationship with their legally married spouse.

In cases where the sponsor is legally married to someone else, immigration officers must be satisfied that the sponsor is separated from their legal spouse and no longer cohabiting with them. The same requirement applies to the applicant, if applicable. If the information provided in the IMM 5532 (Relationship Information and Sponsorship Evaluation) form is insufficient, officers may request additional evidence to support the claim, such as:

  • A signed formal declaration stating that the marriage has ended and the individual has entered into a common-law relationship.
  • A separation agreement.
  • A court order related to custody of children substantiating the breakdown of the marriage.
  • Documents showing the removal of the legally married spouse(s) from insurance policies or wills as beneficiaries, such as a “change of beneficiary” form.

It is important to note that in the above circumstances, the legal spouse will not be examined or considered for sponsorship. Furthermore, the legally married spouse cannot be subsequently sponsored by the principal applicant under the common-law partnership.

Proving Cohabitation and the Genuineness of a Common-Law Relationship in Immigration Applications

When it comes to immigration applications, proving cohabitation and the genuineness of a common-law relationship is of utmost importance. In order to be considered cohabitating, you and your common-law partner must have lived together continuously for a minimum of one year. It is essential to demonstrate this continuous cohabitation as intermittent periods of living together will not meet the requirement. Additionally, you must have combined affairs and share a household in order to qualify as a common-law relationship.

evidence of cohabitation

To successfully sponsor your common-law partner, you must provide evidence of cohabitation to immigration authorities. This evidence can include various documents that demonstrate your shared living arrangements, such as:

Providing documentation of joint bank accounts can establish your financial interdependence and the pooling of resources as a couple.

Similar to joint bank accounts, presenting joint credit card statements can further support the financial aspect of your relationship.

Providing documentation that shows joint ownership, lease, or rental agreement of residential property indicates that you share a home together.

evidence of genuineness

Apart from proving cohabitation, immigration authorities also require evidence to establish the genuineness of your relationship. Due to concerns of misrepresentation in spousal and common-law sponsorships, demonstrating the authenticity of your relationship is crucial. You can provide various documents to support the genuineness of your relationship, including:

Submitting additional financial documents, such as shared bills for utilities like gas, electricity, and phone services, can demonstrate the practical aspects of your life together.

Furnishing property-related documents, such as joint ownership or rental agreements, further strengthens your case for a genuine relationship.

Presenting important government-issued documents that show you and your partner share the same address, such as driver’s licenses and insurance policies, provide further proof of your commitment and shared life.

It is important to note that immigration authorities closely scrutinize the documentation provided to ensure the authenticity of relationships in common-law sponsorships. Therefore, it is crucial to gather comprehensive and convincing evidence that accurately reflects your cohabitation and the genuineness of your relationship.

It is advisable to consult with an experienced immigration consultant or lawyer who can guide you through the process and assist in compiling the necessary documents. They can help ensure that your application is complete, accurate, and stands the best chance of success.

Please bear in mind that immigration policies and requirements may change over time, so it is recommended to refer to official government sources or seek professional advice to obtain the most up-to-date and accurate information for your specific situation.

The Probability of a Successful Common-Law Sponsorship Application

Similar to any immigration application, there is no guarantee of a successful outcome for a common-law sponsorship application. However, with the assistance of an immigration professional like Akrami & Associates, you can create a well-prepared and compelling application that enhances the chances of success. One crucial aspect to consider when applying for a common-law sponsorship is the significance of providing comprehensive documentation to demonstrate the genuineness and intention of your relationship.

Even if you are unable to provide multiple documents for a specific requirement, Immigration authorities may consider alternative documentation as evidence. It is advisable to include any relevant document that you believe can strengthen your application, as it may contribute to its overall strength.

It is important to note that any documents submitted to Immigration are typically not returned. Therefore, if you provide them with items such as photographs, private telephone records, or letters, they will be retained by the authorities. However, original documents like marriage certificates and passports can be returned to you upon request.

At Akrami & Associates, we are committed to assisting individuals in reuniting with their loved ones through the sponsorship process. Our experienced immigration professionals are here to guide you and provide personalized support throughout your journey. Contact Akrami & Associates today to explore your options and take the first step toward sponsoring your common-law partner.

Take The Next Step And Sponsor Your Common-Law Partner

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Before embarking on the journey of applying for a Common-law Sponsorship, it is crucial to consider all the factors discussed earlier. These applications can be complex and challenging to navigate on your own. That’s why we strongly recommend seeking professional assistance from Akrami & Associates to ensure a smooth and successful process.

At Akrami & Associates, we specialize in various immigration matters, including common-law sponsorships. Our team has extensive experience in helping clients reunite with their common-law partners, leading to their happiness and fulfillment in Canada.

If you believe you meet the eligibility criteria for sponsoring your common-law partner, we invite you to reach out to us. You can contact our office at 416-477-2545 to obtain more information or to schedule a consultation with one of our experienced immigration professionals, who can provide tailored advice based on your specific circumstances.

With Akrami & Associates by your side, rest assured that there is always a way to achieve your goal. Take the next step and contact us today.

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