Common-Law Sponsorship

Overview

The Common-Law Partner Sponsorship program allows Canadian citizens and permanent residents to sponsor their common-law partners to immigrate to Canada. This program is a cornerstone of Canada's family reunification efforts, recognizing committed relationships that are not legally married but meet specific criteria as common-law partnerships.

How it works

The sponsorship process involves two main applications that are assessed concurrently: an application from the sponsor to be approved as a sponsor, and an application from the common-law partner for permanent residence. The sponsor must demonstrate they can provide financial support to their partner and meet basic needs for a specified period (the undertaking period). The common-law partner must meet all admissibility requirements under Canadian immigration law, including medical, criminal, and security checks.

A key aspect of this program is proving the genuine nature and cohabitation of the common-law relationship. IRCC scrutinizes these applications closely to prevent misrepresentation and ensure the relationship is not entered into primarily for immigration purposes. Applicants must provide substantial evidence of their relationship's authenticity, including shared financial responsibilities, cohabitation, and mutual commitment.

Who it's for

This program is for Canadian citizens and permanent residents who are in a genuine common-law relationship with a foreign national and wish to help their partner obtain permanent residence in Canada. It's suitable for couples who have cohabited in a conjugal relationship for at least one continuous year, are not legally married to each other, and intend to continue their relationship permanently in Canada. Both the sponsor and the sponsored partner must meet specific eligibility criteria set by Immigration, Refugees and Citizenship Canada (IRCC).

To be eligible for the Common-Law Partner Sponsorship program, both the sponsor and the sponsored person must meet certain criteria.

Sponsor Eligibility:

• Age: Must be at least 18 years old.
• Status in Canada: Must be a Canadian citizen or a permanent resident residing in Canada. Canadian citizens living abroad can sponsor their common-law partner but must demonstrate an intent to reside in Canada once their common-law partner becomes a permanent resident. Permanent residents living abroad cannot sponsor.
• Financial Capacity: Must sign an undertaking to provide for the basic needs of their common-law partner (and their dependent children, if applicable) for a specific period (usually 3 years). While there isn't a strict Low Income Cut-Off (LICO) requirement for common-law sponsorship (unlike some other family sponsorship categories), sponsors must not be in receipt of social assistance for a reason other than disability.
• Undertaking Obligations: Must not be in default of a previous sponsorship undertaking, have outstanding immigration loans, be in prison, or be bankrupt.
• No Inadmissibility: Must not have a serious criminal record or be subject to a removal order.

Common-Law Partner Eligibility:

• Relationship Status: Must be the sponsor's common-law partner, meaning they have cohabited in a conjugal relationship for a period of at least one year. This cohabitation must be continuous, though short absences for business or family visits are permissible.
• Age: Generally, must be at least 18 years old.
• Admissibility: Must meet all Canadian immigration admissibility requirements, including passing medical, criminal, and security checks. Individuals with serious criminal records, certain health conditions posing a danger to public safety or excessive demand on health services, or who are deemed a security risk may be inadmissible.
• Genuine Relationship: The relationship must be genuine and not entered into primarily for the purpose of acquiring permanent resident status.

The application requires a comprehensive set of documents from both the sponsor and the sponsored common-law partner to prove identity, status, and the genuineness of the relationship.

From the Sponsor:

• Sponsorship Application Forms: Completed and signed forms (e.g., Application to Sponsor, Sponsorship Agreement and Undertaking).
• Proof of Status in Canada: Copy of Canadian birth certificate, citizenship card, permanent resident card, or IMM 1000 form.
• Proof of Income/Financial Capacity: Notice of Assessment from Canada Revenue Agency (CRA), employment letters, pay stubs (Note: while there is no LICO, demonstrate ability to support).
• Identity Documents: Copy of passport or other travel document.

From the Sponsored Common-Law Partner:

• Permanent Residence Application Forms: Completed and signed forms (e.g., Generic Application Form for Canada, Schedule A – Background/Declaration).
• Identity and Civil Status Documents: Birth certificate, passport, national identity documents, marriage certificate (if previously married), divorce certificate (if applicable).
• Police Certificates: From every country or territory where the common-law partner has lived for six months or more since the age of 18.
• Medical Exam Confirmation: Proof of having undergone a medical examination by an IRCC-approved panel physician.
• Relationship Evidence: This is crucial and includes:
  • Proof of cohabitation for at least one year (e.g., shared lease agreements, utility bills in both names, joint bank accounts, shared credit cards, driver's licenses with the same address).
  • Proof of shared financial support (e.g., joint property ownership, wills naming each other as beneficiaries).
  • Correspondence addressed to both parties at the same address.
  • Photos of the couple together over time, with family and friends.
  • Affidavits from individuals who can attest to the genuineness of the relationship.
  • Any other documents demonstrating an inter-dependent relationship akin to a marriage.

The Common-Law Sponsorship application process involves several key stages:

1. Preparation and Document Gathering: Begin by collecting all necessary documents for both the sponsor and the common-law partner. This is the most time-consuming phase and requires meticulous attention to detail, especially in gathering evidence to prove the genuine nature of the common-law relationship and cohabitation for at least one year.

2. Complete Application Forms: Fill out all required IRCC forms accurately and completely. Ensure that all questions are answered, and signatures are provided where necessary. Forms often include the Application to Sponsor, Sponsorship Agreement and Undertaking, Generic Application Form for Canada, and Schedule A – Background/Declaration, among others.

3. Pay Government Fees: Pay all applicable government processing fees online through the IRCC website. This typically includes the sponsorship fee, principal applicant fee, and biometric fee. The Right of Permanent Residence Fee (RPRF) can be paid at this stage or later when requested by IRCC.

4. Submit the Application: Mail the complete application package, including all forms, documents, fee receipts, and relationship evidence, to the designated IRCC processing centre as per the instructions on the IRCC website. Ensure the package is well-organized and includes a comprehensive document checklist.

5. Biometrics Appointment: Once IRCC reviews the application for completeness, they will send an acknowledgement of receipt and a Biometric Instruction Letter (BIL) to the sponsored common-law partner. The sponsored person must then provide their fingerprints and photo at a designated Service Canada location or an authorized collection point abroad within the specified timeframe.

6. Medical Examination and Police Certificates: The sponsored common-law partner will receive instructions to undergo a medical examination by an IRCC-approved panel physician. They must also obtain police certificates from all countries where they have lived for six months or more since the age of 18.

7. IRCC Review and Decision: IRCC will assess both the sponsor's eligibility and the sponsored common-law partner's admissibility. This may involve requests for additional documents or an interview to verify the relationship's genuineness. If successful, IRCC will issue a Confirmation of Permanent Residence (COPR) and a permanent resident visa (if applicable).

8. Landing in Canada: The sponsored common-law partner will then use their COPR and visa (if applicable) to officially

The Common-Law Partner Sponsorship program allows for the sponsorship of the common-law partner's dependent children. A dependent child is defined as a child who is under 22 years of age and does not have a spouse or common-law partner. If the child is 22 years of age or older, they can still be considered a dependent child if they meet both of the following conditions: they have been continuously enrolled in and attending a post-secondary institution and regularly receiving financial support from a parent since before the age of 22; and they are unable to be financially self-supporting due to a mental or physical condition.

All dependent children, whether biological or adopted, must be declared in the application. They will also need to undergo medical, criminal (if applicable by age), and security checks. Including dependent children in the application can increase the overall processing time and government fees.

Upon approval for permanent residence through the Common-Law Partner Sponsorship program, the sponsored common-law partner will receive permanent resident status, which grants them the right to live, work, and study anywhere in Canada without the need for a separate work permit or study permit. They will have access to the Canadian labour market and can seek employment in any occupation for which they are qualified.

During the processing of an inland sponsorship application (where the sponsored partner is already in Canada with valid temporary status), the sponsored common-law partner may be eligible to apply for an open work permit. This allows them to work for any employer in Canada while awaiting a decision on their permanent residence application. For outland applications, work rights generally commence upon landing as a permanent resident.

The Common-Law Partner Sponsorship program is a direct pathway to Canadian permanent residence. Upon successful completion of the program, the sponsored common-law partner is granted permanent resident status in Canada. This status allows them to live, work, and study in Canada indefinitely, subject to meeting the residency obligations required to maintain permanent resident status.

After accumulating a certain period of physical presence in Canada as a permanent resident, the sponsored individual may become eligible to apply for Canadian citizenship. The time spent as a permanent resident counts towards the physical presence requirement for citizenship. There is no conditional permanent residence under this program, meaning the sponsored partner's status is not dependent on staying with the sponsor once permanent residence is granted, although the sponsor remains financially responsible for the undertaking period.

Applications for Common-Law Partner Sponsorship can be refused for several reasons. Understanding these common pitfalls can help applicants prepare a stronger submission:

• Lack of Genuine Relationship Evidence: This is the most frequent reason for refusal. IRCC must be convinced that the relationship is genuine and continuing, and not entered into primarily for immigration purposes. Insufficient evidence of cohabitation (minimum one year), shared finances, mutual support, and social recognition of the relationship can lead to refusal.
• Ineligibility of Sponsor: The sponsor may not meet the eligibility criteria, such as being in default of a previous sponsorship undertaking, having certain criminal convictions, being in receipt of social assistance (for reasons other than disability), or not being a Canadian citizen or permanent resident.
• Inadmissibility of Sponsored Person: The common-law partner may be deemed inadmissible to Canada due to medical reasons (e.g., posing a danger to public health or safety, or excessive demand on health services), criminal convictions, or security concerns.
• Incomplete Application: Missing forms, unsigned documents, or a failure to provide all requested information and documents can lead to the application being returned or refused due to incompleteness.
• Misrepresentation: Providing false information or materially misrepresenting facts on the application can lead to a refusal and a ban from reapplying for a period of five years.
• Failure to Meet Cohabitation Requirement: Not providing sufficient proof of living together in a conjugal relationship for a continuous period of at least 12 months immediately preceding the application can lead to refusal. Short absences are acceptable, but overall continuity must be maintained and proven.