Common-Law Sponsorship Canada
Common-law sponsorship in Canada allows a Canadian citizen or permanent resident to sponsor their common-law partner for permanent residency. This type of sponsorship applies to couples who have been living together for at least one continuous year in a conjugal relationship. Unlike other types of sponsorships like Dependent Sponsorship, this focuses on couples who meet specific criteria. Let’s explore the key aspects of common-law sponsorship, its requirements, and processing times.
Assessing a Common-Law Partnership
In the eyes of Canadian immigration authorities, a common-law partnership is defined by cohabitation for at least one year. Cohabitation means living together in a committed, marriage-like relationship where both partners share responsibilities and set up a household together.
This can involve combining finances, sharing a residence, and being seen as a couple socially and legally. It’s important to note that temporary separations, such as for work or family obligations, are permissible as long as there’s evidence showing the intention to continue the relationship. This is unlike Parents Sponsorship, where a different set of criteria apply.
The burden of proof lies on the couple to demonstrate the authenticity of their relationship, often through documents like joint bank accounts, shared leases, or bills with both partners’ names.
Additional supporting evidence, such as photographs, joint insurance policies, or affidavits from friends and family, can strengthen the application. Misrepresentation or failure to provide adequate proof may result in delays, refusal, or even future immigration complications.
Common-Law Sponsorship Requirements
Sponsoring a common-law partner requires both parties to meet specific criteria. The sponsor must be at least 18 years old and a Canadian citizen or permanent resident residing in Canada.
They must not be receiving social assistance (with exceptions for disability support) and need to show they can financially support their partner. In comparison, Family Sponsorship has its own set of requirements that differ slightly. The applicant must prove that they have been living with the sponsor for at least one continuous year in a conjugal relationship.
Documentation is key in this process. Evidence such as shared utility bills, joint bank statements, lease agreements, and affidavits from friends or family can help establish the validity of the relationship.
Both partners should ensure they have a thorough and well-organized set of documents before applying to avoid delays or complications in the process.
Common-Law Sponsorship Processing Times
The processing times for common-law sponsorship applications can vary depending on several factors, including the applicant’s location and the complexity of their case. Generally, applications from couples living together in Canada are processed more quickly than those from partners living apart.
On average, processing takes about 12 months, but this timeframe can fluctuate. If your application involves aspects similar to Relative Sponsorship, there might be additional considerations for processing times.
Factors such as incomplete applications, additional documentation requests, or high application volumes can cause delays. It’s crucial to submit a complete and accurate application to facilitate a smoother process.
Can I Bring My Common-Law Partner Canada Student Visa?
If you are in Canada on a student visa, you can bring your common-law partner with you. Your partner can apply for an open work permit, allowing them to work while you study.
To qualify as a common-law partner, you need to prove that you’ve been living together for at least one year before applying. Ensure you have the required documentation to support your claim of cohabitation, as this will be necessary when submitting the visa application.
Ready to start your journey together in Canada? At SEP Immigration, we’re here to guide you through every step of the common-law sponsorship process. Let us help you turn your dream of living in Canada with your partner into a reality. Reach out to us today and let’s get started!
How Long Can You Live Together in Common-Law Canada?
You need to live together continuously for at least one year to establish common-law status in Canada. Short separations for work or family reasons are allowed if you maintain the relationship.
Certain Misconceptions About the Common-Law Relationship
Many believe that living together for a short period or on-and-off qualifies as a common-law relationship, but that’s not true in Canada. The one-year continuous cohabitation is a strict requirement.
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