This article will help you understand the process of common law partner sponsorship in Canada. It will also help you differentiate between spousal sponsorship and common-law sponsorship to help immigrate to Canada.
What is Common Law Sponsorship?
When couples decide to live together for at least a year, sharing every aspect of their life is considered common law. You do not have to be married to legalize your relationship. Canadian laws also recognize a relationship based on the duration a couple spends together.
Unlike marriage where you just need a marriage certificate to legalize your relationship. In common-law sponsorship, you only need to prove 12 months of relationship as a couple living together.
Eligibility:
Although, there is no requirement of marriage certificate to prove your relationship. However, the eligibility criteria is the same as it is in spousal sponsorship for the sponsor. Please read the eligibility criteria below. The sponsor:
- Must be 18 years of age or older
- Must have a status in Canada either Permanent Resident or Canadian Citizen
- Must not be criminally ineligible
- Must not be bankrupt under the Bankruptcy and Insolvency Act
- Needs to have a sufficient income to provide for the basic needs of their common-law partner. Although the sponsor is exempt from the income requirements, but some level of income and financial stability needs to be proven to the IRCC (Immigration, Refugees, and Citizenship Canada).
Documenting Your Relationship:
The onus of proving the genuineness in a relationship lies with the applicant and the sponsor. The applicant and the sponsor must be in a genuine relationship in order to immigrate to Canada. To prove the genuineness of the relationship, the applicant and the sponsor have to provide enough evidence in support of their application. The applicant must not be in a relationship solely for the purposes of getting permanent residence in Canada.
The couple needs to document as much evidence as possible to submit their application. Bear in mind, not every evidence counts towards proof of relationship.
For more information and to apply for common-law partner sponsorship, feel free to book a consultation with our office. We are happy to help and provide consultation in matters relating to Canadian Family Sponsorship.