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.

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 Canada 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 Canada, 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. This is different from other sponsorship types like Sponsorship, which has its own unique set of rules. Ensure you have the required documentation to support your claim of cohabitation, as this will be necessary when submitting the visa application.

Inland vs. Outland Sponsorship Options

It is important to choose the right path when sponsoring your common-law partner. Inland and outland sponsorship options cater to different situations and offer unique advantages.

Inland sponsorship works well for couples living together in Canada. Your partner may qualify for an open work permit under this option. This permit lets them work for any employer while their application is processed. It provides financial stability and helps them settle into Canadian life. However, inland sponsorship requires your partner to remain in Canada. If they need to travel, this option may not be ideal for you.

Outland sponsorship is better for partners who live outside Canada or need mobility. It also allows your partner to apply from abroad, even if they occasionally visit Canada. Processing times for outland sponsorships depend on the visa office handling the application. Some offices may process applications faster, while others may take longer.

Both options require couples to prove the authenticity of their relationship. Gather evidence like joint bank statements, shared leases, or utility bills. Photos and affidavits from friends or family also strengthen your case.

Choosing between inland and outland sponsorship depends on your situation. Inland sponsorship offers more stability for couples already living in Canada, while outland sponsorship is more flexible for partners who travel or reside apart. Understand both options before deciding to avoid unnecessary stress or delays.

Plan carefully and ensure all documents are accurate and complete. This will help avoid delays and make the application process smoother. Preparation is key to success in any route you choose.

Financial Support Obligations for Sponsors

Sponsoring your partner is more than an application; it’s a financial commitment. Canadian immigration requires sponsors to provide for their partner’s basic needs. This includes food, housing, clothing, and other necessities not covered by healthcare. Sponsors must prove they can meet these needs during the sponsorship period.

The sponsorship agreement lasts for three years. This timeframe begins the day your partner becomes a permanent resident. If your partner uses social assistance during this time, you must repay the government. This rule applies even if your relationship ends before the three years are over.

To sponsor your partner, you must meet specific eligibility criteria. You need to be at least 18 years old and either a Canadian citizen, permanent resident, or someone registered under the Indian Act. Sponsors cannot receive social assistance except for disability support. While there’s no minimum income requirement, your financial stability is evaluated.

Immigration authorities may request proof of your income and financial resources. Prepare documents like pay stubs, tax returns, and bank statements. These demonstrate your ability to fulfil your obligations as a sponsor.

It’s essential to understand the implications of this commitment fully. If you’re unsure about your ability to provide support, consult an expert. Planning ensures you meet all requirements and avoid complications later.

By fulfilling your obligations, you help your partner settle in Canada successfully. Your financial support lays the foundation for a stable and happy future.

Eligibility for Open Work Permits During Sponsorship

Inland sponsorship allows your partner to apply for an open work permit. This option helps your partner work in Canada while waiting for residency approval. The permit is flexible, allowing them to work for any employer.

The open work permit reduces financial pressure for both partners. It also provides an opportunity for your partner to gain Canadian work experience, which helps them integrate into Canadian society and workplace culture.

To qualify, your partner must apply under the inland sponsorship program. You can include the work permit application with the sponsorship application. This approach often leads to faster processing and fewer delays. However, applying for a work permit later might extend wait times.

Immigration authorities carefully review applications to confirm eligibility. You must provide proof of your relationship and cohabitation. Supporting documents like joint utility bills, leases, or bank statements. Any missing documents can delay the process significantly.

It’s worth noting that this option is not available for outland sponsorship. Couples should consider the importance of work opportunities when choosing their pathway. Inland sponsorship offers a distinct advantage with the open work permit option.

The permit benefits go beyond financial gains. It gives your partner the chance to connect with their community. Working also helps them build confidence and feel more independent. These advantages make the transition to permanent residency smoother for both of you.

Prepare thoroughly and ensure all documents are accurate. This will avoid delays and speed up the process. The open work permit is a great step toward building your partner’s new life in Canada.

Recent Changes to Spousal Open Work Permit Rules

Canada recently updated its spousal open work permit eligibility rules. These changes aim to make it easier for partners to work in Canada, which is especially beneficial for international students and their partners.

Under the new rules, sponsored partners of international students can apply for open work permits. These permits allow them to work for any employer in Canada. Previously, the eligibility criteria were stricter and excluded many applicants. The updated rules are more inclusive and accommodate a wider range of relationships.

Another change involves processing times for open work permits. Immigration authorities are working to make the process faster, reducing applicants’ wait times. Faster approvals help partners start working sooner, easing financial burdens.

Additionally, eligibility now extends to partners of specific temporary residents. For example, the partners of certain work permit holders are now eligible. This change broadens opportunities for families living in Canada temporarily and strengthens Canada’s commitment to supporting family reunification.

Applicants still need to prove their relationship meets the required criteria. Proof of a common-law partnership or marriage is mandatory. Documents such as shared leases, joint bank statements, and utility bills are helpful. Affidavits from friends or family can also support the application.

These updates reflect Canada’s efforts to attract skilled workers and students. By allowing their partners to work, the country ensures financial stability for families and encourages long-term settlement and economic contribution.

If you’re planning to apply, stay updated on the latest rules. Carefully prepare your documents to avoid delays. Consulting an immigration expert can help ensure your application meets the requirements. With these changes, Canada is paving the way for smoother integration of partners into the workforce.

Legal Definition and Proof of Common-Law Relationships

In Canada, proving a common-law relationship requires specific evidence. Immigration authorities define a common-law relationship as cohabitation for at least one continuous year. This means living together in a committed, marriage-like partnership.

Cohabitation doesn’t just mean sharing an address. It involves sharing responsibilities and a life. For example, partners may share financial obligations like rent or utility bills. They may also combine other resources like bank accounts or insurance policies.

To prove your relationship, you need substantial documentation. Joint leases or mortgages are solid evidence of cohabitation. Utility bills with both names also help establish your shared household. Immigration officials look for evidence showing a genuine, ongoing partnership.

Photos of shared experiences can support your case. Include pictures from family gatherings, trips, or holidays. These images show your involvement in each other’s lives. Affidavits from friends and family are also helpful. These statements should confirm your relationship is genuine and long-term.

Keep in mind that temporary separations don’t disqualify your relationship. If work or family obligations require you to live apart briefly, explain this. Provide evidence that the separation was temporary, such as ongoing communication records.

Organizing your documents well is essential for a successful application. Group your evidence by category, such as financial, residential, and personal. Make sure all documents are clear, complete, and up to date. Missing or incomplete evidence can delay processing or result in rejection.

Remember that the burden of proof lies on you. Immigration authorities won’t assume your relationship is genuine without proper evidence.

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!