Common-law Sponsorship Canada

What Is Common-Law Sponsorship?

Common-law sponsorship is an incredible pathway that allows Canadian citizens and permanent residents to bring their significant other to Canada and make it their permanent home. This option is designed for couples who aren’t legally married but share a committed, conjugal relationship and have lived together continuously for at least 12 months. It’s more than paperwork—it’s about reuniting loved ones and creating a life together in Canada.

If you’re in a loving and genuine relationship but haven’t tied the knot, this program is tailor-made for you.

Key Benefits

1. Reunite with Your Partner: Your partner can live, work, and thrive with you in Canada.
2. Permanent Residency: This isn’t just a visit—your partner becomes a PR with access to health care, work opportunities, and more.
3. Flexibility: Inland and Outland application options let you decide the best route based on your situation.

Pro Tip: IRCC prioritizes family reunification, so common-law sponsorship is one of the faster immigration streams.

How Does Common-Law Sponsorship Work?

Common-law sponsorship is a lifeline for couples who want to build their lives together in Canada. At its heart, the process is about more than ticking off boxes; it’s about proving to Immigration, Refugees, and Citizenship Canada (IRCC) that your relationship is genuine, committed, and deserving of the opportunity to thrive in Canada. The process is detailed, and every step matters.

Step 1: Establish Eligibility

Eligibility is the cornerstone of your application. Both the sponsor and the applicant must meet specific criteria. As the sponsor, you need to be:

• A Canadian citizen or permanent resident: Only individuals with secure legal status in Canada can sponsor.
• Financially stable: While there isn’t a formal income requirement (unlike other family sponsorship streams), you must show you can support your partner without relying on social assistance.

For the applicant, the key requirement is the relationship itself. Common-law status means you and your partner have lived together for at least 12 consecutive months in a conjugal relationship. This goes beyond sharing a home—it’s about proving you’ve shared your lives in every way, from finances to emotional support. Gaps in cohabitation (due to work or family obligations, for example) must be minor and well-documented.

Step 2: Choose the Right Application Stream

IRCC offers two main pathways: Inland Sponsorship and Outland Sponsorship. The choice depends on where your partner currently resides and your priorities.

• Inland Sponsorship:
  If your partner is already in Canada, this is likely the best route. They can apply for an open work permit, allowing them to work while the application is processed. However, travel during processing is limited, as leaving Canada could lead to complications.

Outland Sponsorship:
This option is for partners living outside Canada. While processing times are generally faster, the main advantage is flexibility. Your partner can travel in and out of Canada during processing.

Step 3: Prove Your Relationship

This is arguably the most critical—and most scrutinized—part of your application. IRCC requires evidence that your relationship is authentic and not solely for immigration purposes. You’ll need to present a comprehensive narrative supported by documentation that shows the depth of your bond.

Key evidence includes:

• Joint financial accounts: Shared bank accounts, credit cards, or investments.
• Shared leases or property ownership: Proof of cohabitation strengthens your case.
• Photos and correspondence: These help illustrate the history of your relationship—trips, holidays, or even everyday moments.
• Affidavits: Signed statements from friends or family attesting to the authenticity of your relationship.

Example: Anna and Paul, a common-law couple, included everything from their shared gym membership to pictures of family dinners in their application. They also submitted a timeline of their relationship with annotated photos for extra clarity.

Step 4: Submit the Application

Once your application is complete, submit it to IRCC with the required forms, supporting documents, and fees. Accuracy is essential. Incomplete applications are one of the top reasons for delays or rejections.

Processing Fees:
The sponsorship fee, along with the right of permanent residence fee, must be paid during submission.

Step 5: Wait for IRCC to Process Your Case

Processing times depend on the stream you choose:

• Inland Sponsorship: 6 -12 months
• Outland Sponsorship: 8-12 months.

While waiting, IRCC may request additional documents or an interview to verify the authenticity of your relationship. Keep an eye on your email and respond promptly to any requests.

Key Benefits of Common-Law Sponsorship

Imagine being able to wake up next to your partner every day without worrying about visas or travel restrictions. That’s what common-law sponsorship offers. It’s not just about living together—it’s about thriving together.

Example: Maria, a Canadian citizen, sponsored her partner Carlos, who lived in Mexico. Their application included photos from family gatherings and receipts for shared expenses during their 15 months of cohabitation. Once approved, Carlos joined Maria in Canada and began building a new life.

Becoming a permanent resident unlocks a world of opportunities for your partner.

• Access to Health Care: Canada’s universal health care system means your partner will no longer worry about costly medical bills.
• Work Without Restrictions: Permanent residency eliminates the need for work permits, allowing your partner to explore any career path.
• Pathway to Citizenship: After three years as a PR, your partner can apply to become a Canadian citizen.

PR status also provides social security benefits, including pensions and free education for children.

Comparison of Inland vs. Outland Sponsorship

Why Common-Law Sponsorship Is a Game-Changer

Canada recognizes the importance of family and the stability it brings to individuals and communities. Family reunification is not just a policy—it’s a core value that shapes Canada’s immigration system. This commitment is evident in the way family-class immigration, including common-law sponsorship, is given priority for faster processing.

Why Family-Class Immigration Is a Priority

Family unity promotes emotional well-being, economic stability, and social integration. The Canadian government understands that when families are together, individuals are more likely to succeed, contribute to the economy, and integrate seamlessly into society. Keeping families together isn’t just compassionate; it’s strategic.

By prioritizing family-class immigration, Canada sends a clear message: Families belong together, and separating them should be minimized as much as possible. This approach is one reason why spousal and common-law sponsorship applications are processed faster compared to other immigration streams like economic or refugee applications.

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

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.

Faster Processing for Common Law Sponsorship

While processing times for most immigration applications can vary due to demand, family-class sponsorship applications are fast-tracked. Here’s why:

1. Dedicated Resources
   Immigration, Refugees, and Citizenship Canada (IRCC) allocates specific resources to family-class sponsorships, ensuring these applications don’t get bogged down by backlogs in other categories.

 2.Simplified Criteria
Unlike economic streams such as Express Entry, which require comprehensive evaluations of education, work experience, and adaptability, family-class sponsorship focuses on demonstrating the authenticity of the relationship and meeting eligibility requirements. This streamlined evaluation speeds up the process.

3. Fewer Complications
Family-class applications are often less complex than business or skilled worker immigration cases, which involve assessing job market impacts, skill shortages, and points-based systems.

Why This Matters for Common-Law Couples

• Fewer Barriers to Starting Your Life Together: Unlike other immigration categories that can take years, family-class immigration allows couples to plan their future together with a clearer timeline.
• Focus on Relationship Authenticity: By prioritizing families, IRCC places importance on the genuine emotional and practical bonds that underpin common-law sponsorships, rather than imposing excessive financial or employment-related criteria.

Canada’s prioritization of family reunification isn’t just about faster approvals—it’s about fostering connections, creating stable households, and building stronger communities. For common-law couples, this means less waiting and more time spent building your future together in one of the most welcoming countries in the world.

Inclusivity at the Heart of Common-Law Sponsorship

Canada’s approach to immigration reflects its broader commitment to diversity, equity, and inclusion. The Immigration, Refugees, and Citizenship Canada (IRCC) ensures that common-law sponsorship is accessible to couples of all backgrounds, orientations, and circumstances. This progressive stance recognizes that relationships take many forms and that no one should be excluded from family reunification based on societal or cultural norms. Let’s break it down in detail:

Heterosexual Couples

For many, the concept of common-law sponsorship is most familiar when applied to heterosexual couples. IRCC acknowledges that not all couples choose to marry or are able to marry immediately due to personal, financial, or logistical reasons.

Understanding Common-Law Sponsorship: More Than Just Living Together

For many people, the concept of common-law sponsorship is most familiar when applied to heterosexual couples. However, it’s crucial to understand that common-law sponsorship under Immigration, Refugees, and Citizenship Canada (IRCC) goes far beyond the idea of being boyfriend and girlfriend living under the same roof. IRCC acknowledges that not all couples choose to marry—or are able to—due to personal, financial, or logistical reasons, but it expects evidence of a deeper, committed relationship that extends beyond casual cohabitation.

Flexibility Without Marriage: A Unique Opportunity

Common-law sponsorship bridges the gap for couples who have chosen to live together in a committed, conjugal relationship without formalizing their union through marriage. This sponsorship category values genuine, long-term relationships over legal titles, allowing couples to reunite and build their future together in Canada. Being common-law partners for immigration purposes isn’t simply about living together. IRCC needs proof that your relationship is akin to marriage in terms of emotional, financial, and social commitment. This means demonstrating shared lives and responsibilities, not just a shared address.

What Sets Common-Law Sponsorship Apart?

Cohabitation for 12 Consecutive Months

Unlike casually living together, common-law partners must have lived together continuously for at least one full year. This means no breaks or separate residencies, as the time spent apart could disqualify your relationship. Of course short breaks such as vacations or business trips are acceptable.

Shared Responsibilities and Commitment

IRCC expects evidence that both partners contribute to their shared lives. This can include joint financial arrangements, shared responsibilities for household expenses, and emotional support.

Public Perception of Your Relationship

Common-law partners are expected to present themselves as a couple to friends, family, and the community. This includes attending events together, sharing holidays, and being acknowledged as a couple by those who know you.

Example: A Genuine Common-Law Partnership

Let’s look at Emma and Liam, a Canadian-Australian couple. After meeting in university, they decided to move in together in Sydney. Over 15 months, they established a life that demonstrated their shared commitment:

• Financial Ties: Emma and Liam opened a joint savings account to save for their future and shared household expenses like rent and utilities.
• Social Proof: Their friends and families knew them as a couple, evidenced by photos from gatherings and holidays.
• Practical Sharing: They co-signed a lease for their apartment and shared responsibilities like grocery shopping and cooking.

When Emma decided to return to Canada, Liam applied for common-law sponsorship. Their documentation—including bank statements, lease agreements, and photos—proved their relationship went beyond casual cohabitation.

Why This Isn’t “Boyfriend-Girlfriend” Status

To qualify as common-law partners under IRCC, couples must prove their relationship goes deeper than simply dating or being roommates. Key differences include:

• Cohabitation Is a Requirement: Occasional overnight stays or splitting time between two homes doesn’t count.
• Proof of Genuine Commitment: Casual relationships or partnerships without significant financial and emotional ties don’t meet the standard.

Shared Goals: A genuine common-law partnership involves plans for a future together, including mutual support and shared living arrangements.

Evidence to Prove Common-Law Status

IRCC places a strong emphasis on documentation to evaluate the authenticity of your relationship. Here’s what you’ll need to provide:

Financial Interdependence:

Joint bank accounts, shared credit cards, or financial agreements.

Social Proof:

Photos from events, holidays, or family gatherings that include both partners

Cohabitation:

Lease agreements, utility bills, or letters from landlords confirming your shared address.

Correspondence:

Emails, texts, or letters demonstrating ongoing communication and emotional support.

Affidavits:

Statements from family and friends vouching for the legitimacy of your relationship

Relationship Types and IRCC Requirements

Why IRCC Prioritizes Authentic Relationships

IRCC’s goal is to reunite families and ensure genuine relationships thrive in Canada. By requiring more than just cohabitation, the common-law sponsorship process filters out fraudulent claims and ensures only couples with a meaningful commitment are approved. This not only protects the integrity of Canada’s immigration system but also reinforces the country’s values of inclusion and family unity.

Are you ready to make the case for your common-law sponsorship? Let us help you compile the strongest evidence and navigate the process with ease. Together, we’ll make Canada your home!

Same Sex Couples

Emphasizing Inclusivity: Common-Law Sponsorship for Same-Sex Couples

Inclusivity isn’t just a buzzword in Canada—it’s a fundamental principle of the country’s immigration policy. Through common-law sponsorship, Immigration, Refugees, and Citizenship Canada (IRCC) ensures that same-sex couples have the same opportunities as heterosexual couples to reunite and build a life together in Canada. This means that regardless of sexual orientation, common-law partners who meet the eligibility criteria are treated equally under Canadian law.

Canada’s Commitment to LGBTQ+ Rights

Canada has long been a global leader in advocating for LGBTQ+ rights. From legalizing same-sex marriage in 2005 to extending equal rights in immigration policies, the country has made inclusivity a priority. This commitment is evident in the common-law sponsorship program, where IRCC evaluates all relationships—including same-sex partnerships—on the basis of authenticity and commitment, not orientation.

Meeting the Common-Law Criteria as a Same-Sex Couple

To qualify for common-law sponsorship, same-sex couples must meet the same criteria as any other couple:

1. Cohabitation: Proof of living together continuously for at least 12 months.
2. Genuine Relationship: Evidence that the relationship is committed and long-term.
3. Shared Life: Documentation showing interdependence, such as joint financial accounts, shared expenses, or mutual support.

For same-sex couples, these requirements can be more challenging to document, especially if they come from countries where same-sex relationships are stigmatized or outright illegal. Canada’s IRCC recognizes these barriers and takes a sensitive approach when reviewing applications, accepting alternative evidence when traditional documentation (like shared leases or joint financial accounts) isn’t available.

How IRCC Supports LGBTQ+ Applicants

The IRCC’s commitment to inclusivity means it evaluates each application with an understanding of the unique challenges faced by same-sex couples. For example:

• Alternative Evidence: In countries where same-sex relationships are illegal, couples might not have joint leases or public declarations of their relationship. IRCC will consider affidavits from friends and family, private correspondence, or evidence of joint trips and expenses instead.

Cultural Sensitivity: IRCC officers are trained to approach same-sex sponsorship cases with sensitivity, ensuring that applicants are not penalized for barriers outside their control.

Overcoming Challenges for Same-Sex Sponsorship

IRCC recognizes that same-sex couples face unique obstacles. Here’s how you can strengthen your application:

1. Private Documentation: Provide evidence of private aspects of your relationship, like correspondence, photos, or shared expenses.
2. Affidavits: Obtain letters from friends, family, or colleagues who can attest to your relationship.

Be Honest: If traditional evidence isn’t available, explain why. IRCC values transparency and will accommodate reasonable explanations.

Real-Life Example: Overcoming Barriers

Marco and Daniel, a same-sex couple from Brazil, faced discrimination and threats in their home country, where their relationship wasn’t legally recognized. Despite this, they built a life together in São Paulo, sharing a home and supporting each other emotionally and financially. After living together for over a year, Marco, a Canadian permanent resident, applied to sponsor Daniel to join him in Toronto. With evidence such as private photos, messages, and travel itineraries, their application was approved, allowing them to start fresh in a country that values their love and commitment.

A Global Perspective

Canada’s Stance: A Global Leader

Canada’s progressive stance on LGBTQ+ rights stands in stark contrast to many other countries. By prioritizing inclusivity, Canada ensures that all couples—regardless of orientation—can reunite and thrive. This commitment not only strengthens families but also enhances Canada’s reputation as a welcoming and inclusive society.

Key Takeaway

Same-sex couples looking to apply for common-law sponsorship can trust that Canada’s immigration system will treat their applications with fairness and understanding. At Akrami & Associates, we specialize in navigating these unique challenges, ensuring your application is as strong as your commitment to one another. Let us help you make Canada your new home, where love is valued and celebrated.

Couples Unable to Marry or Live Together Due to Legal or Cultural Barriers

When it comes to love, the journey isn’t always easy—especially when legal, cultural, or societal barriers stand in the way. Recognizing the complexity of human relationships, Immigration, Refugees, and Citizenship Canada (IRCC) has gone beyond conventional definitions, offering pathways for couples who face insurmountable challenges to marrying or living together due to external circumstances. This provision ensures that love is not denied a chance to thrive simply because of restrictive traditions, laws, or societal norms.

In some regions of the world, laws impose strict limitations on who can marry, often based on:

• Religion: Certain countries prohibit interfaith marriages, making it impossible for individuals of different religious backgrounds to wed legally.
• Sexual Orientation: Same-sex unions are criminalized in many parts of the world, leaving LGBTQ+ couples without the legal right to marry or cohabitate.
• Nationality or Class: Some nations enforce laws restricting marriage between citizens and non-citizens or between individuals from different social or economic classes.

These restrictions can make it nearly impossible for couples to formalize their relationship, but IRCC provides an avenue for these couples through conjugal sponsorship applications.

Cultural and Societal Barriers

Cultural traditions or societal expectations can also present significant challenges. In some societies, families exert immense influence, discouraging or outright forbidding marriages that deviate from cultural norms. Couples may face ostracism or even danger if they attempt to marry outside their community or against societal expectations. Traditional gender roles can sometimes restrict women’s autonomy to choose a partner, particularly in patriarchal cultures.  Canada acknowledges these deeply rooted challenges and ensures that couples facing such barriers are not excluded from the opportunity to reunite and build a future together.

Conjugal Sponsorship: A Unique Pathway

For couples unable to marry or cohabitate due to legal or cultural barriers, conjugal sponsorship provides a lifeline. This program is designed for couples in long-term, committed relationships who are unable to meet the standard criteria of spousal or common-law sponsorship due to extraordinary circumstances.

To qualify, couples must demonstrate:

• Commitment: A genuine, exclusive relationship that is equivalent to marriage in terms of emotional and physical intimacy.
• Dependence: Evidence of interdependence, such as shared financial responsibilities, emotional support, or joint plans for the future.
• Barriers: Clear proof of why they cannot marry or live together, supported by documents like:

1. Correspondence explaining the legal or cultural challenges.
2. Affidavits from friends or family attesting to the relationship.
3. Proof of joint financial support or long-term plans to cohabitate.

Real-Life Example: Aisha and Rajesh

Aisha and Rajesh, a couple from India, exemplify the challenges faced by many couples. Aisha belongs to a different religious community than Rajesh, and societal norms in their region strictly forbid interfaith marriages. Despite their deep commitment, they cannot legally marry or live together in India. Determined to find a way forward, Rajesh applied for a visitor visa to Canada, hoping to live with Aisha for 12 months and apply for common-law sponsorship. However, his visa was refused, further complicating their situation. In such cases, a conjugal sponsorship application would allow the couple to demonstrate their commitment and the unique barriers they face, paving the way for Rajesh to join Aisha in Canada.

How IRCC Evaluates Conjugal Applications

IRCC takes a sensitive and comprehensive approach to conjugal sponsorship applications, understanding the unique challenges faced by couples in such circumstances. IRCC requires documentation proving the relationship is long-term, committed, and exclusive. Photos, messages, travel itineraries, and affidavits from loved ones can strengthen the application. Applicants must explain and document the legal or cultural obstacles preventing marriage or cohabitation. This could include:

1. Copies of discriminatory laws or policies.
2. Statements from community leaders or family members outlining societal restrictions.
3. Correspondence between the couple discussing their struggles.

Barriers to Marriage vs. IRCC Pathways

Canada’s immigration policies are rooted in fairness and inclusivity. By providing pathways like conjugal sponsorship, IRCC ensures that couples facing extraordinary challenges still have a chance to be together. This commitment reflects Canada’s values of compassion and diversity, setting a global standard for family reunification policies.

How IRCC Evaluates Common-Law Sponsorship for Diverse Couples

IRCC ensures an inclusive and fair process by focusing on the following:

1.Evidence Over Labels
Rather than relying on a legal marriage certificate, IRCC evaluates tangible evidence of cohabitation and shared responsibilities. This could include:

• • Joint leases or mortgages.
  • Shared utility bills.
  • Photographs from holidays or family events.
  • Testimonies from friends and family.

 2.Flexibility in Documentation
For couples facing challenges in gathering conventional proof—such as those in same-sex relationships in non-accepting countries—IRCC allows alternative documentation, including sworn affidavits or personal statements.

3. Cultural Sensitivity
IRCC officers undergo training to evaluate applications with sensitivity to cultural nuances and legal realities in the applicant’s home country.

Why Canada’s Approach Matters

Canada’s inclusive stance on common-law sponsorship reflects its broader values of diversity, equality, and family reunification. By accommodating couples from all walks of life, IRCC ensures that no genuine relationship is left behind due to societal or legal challenges.

Are you navigating the complexities of common-law sponsorship? Let us help you build the strongest case possible—tailored to your unique story. Reach out today!

Is Common-Law Sponsorship Right for You?

If you and your partner meet the criteria, this pathway is a powerful tool to reunite and secure your future together in Canada. Key questions to ask yourself:

• Have we lived together continuously for at least 12 months?
• Can we provide strong evidence of our relationship?
• Are we ready to navigate the application process together?

Pro Tip: How to Strengthen Your Application

Missing documents or incomplete forms can lead to delays or refusals. Think joint leases, photos from shared vacations, and even text messages showing the evolution of your relationship. Applications with weak evidence are often refused. A trusted immigration consultant or lawyer can help build your strongest case.

Why You Should Act Now

Common-law sponsorship isn’t just a legal process; it’s a chance to bring your partner closer and build a life together in one of the most welcoming countries in the world. With faster processing times, PR benefits, and flexibility, it’s a no-brainer for couples committed to sharing their future.

If you’re ready to make your Canadian dream a reality, don’t wait. The application process can be complex, but with the right preparation—and the right guidance—you can secure your partner’s PR status.

Eligibility: Are You Both Ready?

For the Sponsor:

To sponsor your partner, you must:

• Be a Canadian Citizen, permanent resident, or registered under the Canadian Indian Act.
• Be at least 18 years old.
• Not be bankrupt, in prison, or under a removal order.
• Demonstrate financial capacity to support your partner for three years.

For the Applicant (Your Partner):

Your partner must:

• Be in a genuine common-law relationship with you for at least 12 months.
• Pass medical, criminal, and security checks.
• Not be inadmissible to Canada (e.g., due to serious criminality).

Proving Your Common-Law Relationship

Ah, the tricky part! Proving a common-law relationship can feel intrusive, but it’s all about showing IRCC that your relationship is real and committed.

What Documents to Provide

• Proof of Cohabitation: Lease agreements, utility bills, or joint bank accounts showing the same address.
• Photos: Capture genuine moments—birthdays, trips, and family gatherings.
• Joint Finances: Bank statements, shared investments, or insurance policies listing both names.
• Letters of Support: Statements from friends or family affirming your relationship.

Example: Sarah and Raj lived together in Toronto for 18 months. They submitted a joint lease, photos of vacations, and a letter from their landlord verifying cohabitation.

Inland vs. Outland Applications: Which One’s for You?

Inland Sponsorship:

• • Your partner is already in Canada.
  • They can apply for an open work permit to work while the sponsorship is processed.
  • Ideal if you both want to stay together during the process

Outland Sponsorship:

• • Your partner lives outside Canada during the application process.
  • Processing may be faster in some cases.
  • They can still visit Canada during processing, but this isn’t guaranteed.

The Application Process: Step-by-Step

Here’s the roadmap to getting that coveted PR status for your partner:

Step 1: Check Eligibility

Before diving in, ensure both you and your partner meet all requirements. No sense wasting time if something’s amiss, right?

Step 2: Gather Documents

Prepare an airtight application. A document checklist could look like this:

• Sponsor’s proof of status (e.g., citizenship certificate or PR card).
• Applicant’s passport and identity documents.
• Relationship proof (photos, leases, financial ties).
• Police certificates from all countries lived in for 6+ months since age 18.
• Medical examination results.

Step 3: Submit Your Application

Complete the forms, upload your documents, and pay the fees. Keep it error-free—IRCC is strict about completeness.

Fees Breakdown:

Addressing Criminal Inadmissibility in Common-Law Sponsorship Applications

One of the biggest hurdles some couples face during the common-law sponsorship application process is criminal inadmissibility. If your partner has a criminal record, this can complicate their chances of being approved for permanent residency in Canada. However, it’s not an insurmountable barrier—Canada offers pathways to overcome inadmissibility, such as Criminal Rehabilitation and Temporary Resident Permits (TRP). Let’s break it down.

Understanding Criminal Inadmissibility

Criminal inadmissibility occurs when a person is barred from entering or staying in Canada due to a past criminal conviction, either in Canada or another country. This includes:

• Misdemeanors or minor offenses, such as theft or public disturbance.
• Serious criminality, including DUIs or assault.

For couples applying under common-law sponsorship, inadmissibility can create significant delays or even refusals. But there’s good news: Canadian immigration law allows individuals to resolve these issues, depending on the nature of the offense and how much time has passed.

Options to Address Criminal Inadmissibility

Criminal Rehabilitation

Criminal Rehabilitation is a permanent solution for overcoming inadmissibility. This process essentially “forgives” past convictions, allowing your partner to move forward with their application without further complications.

• Eligibility Criteria:
  • At least five years must have passed since the completion of the sentence, including probation and payment of fines.
  • Your partner must demonstrate good character and no additional offenses.
• How It Works:
  • Your partner submits a formal application for rehabilitation, including court documents, police records, and personal statements.
  • IRCC reviews the case to ensure that your partner poses no risk to Canadian society.

Example: Sarah, a U.S. citizen with a DUI conviction six years ago, applies for rehabilitation alongside her common-law sponsorship application. With proper documentation and proof of reform, she is deemed rehabilitated and proceeds with her sponsorship

Temporary Resident Permit (TRP)

If less than five years have passed since the sentence, or if criminal rehabilitation isn’t an option yet, your partner may apply for a TRP. A TRP grants temporary entry to Canada, allowing the sponsorship process to proceed while addressing inadmissibility.

• Key Points:
  • TRPs are discretionary and issued based on the applicant’s case.
  • The application must demonstrate that the benefits of granting the permit outweigh the risks of allowing entry.

Example: John, an Australian partner with a recent conviction for minor theft, applies for a TRP to enter Canada and live with his Canadian partner while working toward criminal rehabilitation.

What If the Offense Happened in Canada?

If the criminal offense occurred in Canada, the process involves an additional step: applying for a pardon (record suspension).

• Pardon Application:
  • A pardon removes a person’s criminal record from the Canadian Police Information Centre (CPIC) database, effectively clearing their name.
  • Eligibility typically requires five years to have passed since the completion of the sentence for minor offenses and ten years for serious offenses.
  • Once granted, a pardon can significantly improve the chances of a successful common-law sponsorship application.

Example: Maria, originally from Spain but living in Canada, was convicted of a minor drug offense two years ago. Before proceeding with sponsorship, Maria must wait the required time, apply for a pardon, and clear her record.

Steps to Take If Criminal Inadmissibility Is a Concern

1. Identify the Offense: Gather detailed records of the offense, including court documents, police reports, and sentencing details. Knowing the severity and date of the crime is essential for determining the next steps.
2. Consult an Immigration Professional: Criminal inadmissibility cases can be complex. An experienced immigration consultant or lawyer can help navigate the process and strengthen your application.
3. Choose the Right Path:
   • If five years have passed, pursue criminal rehabilitation.
   • If inadmissibility is recent, apply for a TRP to allow temporary entry.
4. Submit Strong Documentation: Regardless of the path, documentation is key. This includes evidence of reform, character references, and proof of your genuine common-law relationship.

Prepare for Delays: Resolving criminal inadmissibility adds time to the sponsorship process. Submit applications early to avoid unnecessary delays.

Pathways to Overcome Criminal Inadmissibility

Why Addressing Criminal Inadmissibility Matters

Failing to address criminal inadmissibility can lead to:

• Refusals: IRCC may reject the sponsorship application outright.
• Delays: Additional documentation and processing time can slow down reunification.
• Wasted Effort: Without resolving inadmissibility, your partner may face challenges entering or remaining in Canada.

By taking proactive steps and seeking professional guidance, you can ensure your common-law sponsorship application has the best chance of success.

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.

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:

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.

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.

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:

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:

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.

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.

Our Expertise Can Help

At Akrami & Associates, we specialize in overcoming complex cases of criminal inadmissibility. From navigating rehabilitation applications to securing TRPs, we’ve helped countless couples reunite in Canada. Don’t let a criminal record stand in the way of your future—contact us today to take the first step.

What If Your Common-Law Sponsorship Application Is Refused?

Facing a refusal on your common-law sponsorship application can be a devastating and overwhelming experience. However, it’s important to remember that a refusal doesn’t mean the end of your journey. There are specific steps you can take to challenge the decision or reapply, depending on the nature of the refusal and your circumstances. Let’s break down your options in detail.

Step 1: Understand the Reason for Refusal

Before taking any action, the first step is to carefully review the refusal letter provided by Immigration, Refugees, and Citizenship Canada (IRCC). This letter will outline the reasons for the refusal, which could include:

• Insufficient evidence of your common-law relationship.
• Missing or incomplete documentation.
• Criminal inadmissibility issues.
• Financial concerns or inability to meet sponsorship obligations.

By fully understanding why your application was refused, you can determine the best course of action and avoid making the same mistakes in the future.

Step 2: Options for Inland Refusals

If your partner is already in Canada and your inland application is refused, you still have options to remain in the country while addressing the refusal.

Who Can Appeal? Inland sponsorship refusals can often be challenged at the Immigration Appeal Division, provided the refusal wasn’t based on misrepresentation or inadmissibility.

How It Works: You’ll need to file an appeal within 30 days of receiving the refusal notice. During the appeal process, you’ll present additional evidence to prove the genuineness of your relationship or address the reasons for refusal.

The Hearing: An IAD hearing involves presenting your case to a tribunal member who will decide whether to overturn the refusal. You may be required to provide witness testimonies, affidavits, and new documentation to strengthen your case.

If an appeal isn’t possible or you believe it’s more practical to start fresh, you can submit a new application. Focus on gathering stronger evidence, such as joint leases, utility bills, affidavits from family and friends, and photographs of significant life events. Ensure all forms are complete and consistent to avoid processing delays.

Step 3: Options for Overseas (Outland) Refusals

If your partner is residing outside Canada and their application is refused, the process differs slightly.

File an Appeal with the IAD

• For outland applications, you can also appeal a refusal at the IAD. The process is similar to inland appeals, but it’s essential to consider the additional time required to gather evidence from abroad and the logistical challenges of presenting your case.
• Proving Genuineness from Afar: Since your partner resides outside Canada, IRCC may scrutinize the evidence of your relationship more closely. Ensure you provide ample proof of your ongoing communication, shared financial responsibilities, and visits.

Judicial Review for Procedural Fairness

• If you believe IRCC made an error in the processing of your application (e.g., failing to consider critical evidence), you can request a judicial review at the Federal Court of Canada.
• How It Works: Judicial reviews focus on procedural fairness rather than re-evaluating the merits of your case. You’ll need legal representation for this process, as it requires filing detailed submissions and arguing your case before a judge.

Step 4: Strengthen Your Evidence

Whether you choose to appeal or reapply, the key to success lies in addressing the weaknesses of your original application. Here’s how:

• Prove Cohabitation: Provide irrefutable evidence that you and your partner lived together for at least 12 consecutive months. This could include a rental agreement, shared utility bills, or joint mail at the same address.
• Highlight Financial Interdependence: Show that you share financial responsibilities, such as joint bank accounts, credit cards, or shared expenses.
• Demonstrate Emotional Commitment: Include photographs, messages, travel itineraries, and affidavits from family or friends attesting to the authenticity of your relationship.

Step 5: Professional Assistance

Navigating a refusal can be complex and emotionally draining. At Akrami & Associates, we specialize in overturning refusals and guiding clients through the appeal or reapplication process. Our team:

• Analyzes the refusal letter in detail to identify gaps or errors.
• Prepares compelling arguments and evidence for appeals or new applications.
• Represents you during hearings and judicial reviews.

Real-Life Example

Imagine this scenario:

Inland Refusal: Jane, a Canadian citizen, and her partner Carlos, from Mexico, applied for common-law sponsorship while living together in Toronto. Their application was refused due to insufficient proof of cohabitation. Upon review, it was discovered that their lease was in Jane’s name only, and they hadn’t submitted utility bills or affidavits.

The Solution: With professional help, Jane and Carlos gathered additional documentation, including a revised lease agreement, joint bank account statements, and statements from neighbors attesting to their cohabitation. They filed an appeal, and the IAD overturned the refusal, granting Carlos permanent residency.

Processing Times and Expectations

• Appeals: IAD appeals can take 12-18 months to resolve. Patience and thorough preparation are key.
• New Applications: Reapplying typically takes 6-12 months, depending on IRCC’s current processing times and the completeness of your application.

Don’t Give Up!

A refusal isn’t the end—it’s a chance to regroup and strengthen your case. With the right strategy, determination, and support, you can overcome setbacks and achieve your dream of living together in Canada. Reach out to Akrami & Associates today for expert guidance on navigating refusals and building a successful path forward.

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.

Why Us?

• Expertise: 20+ years of experience in immigration law.
• Tailored Strategies: Every case is unique, and so is our approach.
• Proven Results: Thousands of successful cases—and counting.

Common-law sponsorship isn’t just about ticking boxes; it’s about proving your love and commitment. With the right guidance, you can navigate this process smoothly and bring your partner home to Canada. Ready to start? Let’s make it happen—because love knows no borders, and neither do we.