Keith Mack
Canadian citizens and permanent residents can sponsor their common-law partners to immigrate to Canada and become permanent residents. To be eligible for sponsorship, the sponsor must be at least 18 years old, not be receiving social assistance (unless for disability), and be able to prove that they can financially support their partner and their dependent children. The sponsored partner must meet certain requirements, including being in a genuine relationship with the sponsor for at least 12 consecutive months and passing background, security, and medical checks. There are two main sponsorship options: Outland and Inland.
| Characteristics | Values |
|---|---|
| Who can be sponsored? | Your spouse, common-law partner, conjugal partner, and dependent child. |
| Who can sponsor? | Canadian citizens or permanent residents who are at least 18 years old. |
| Relationship requirements | The couple must be legally living together in Canada (cohabiting) for at least 12 consecutive months in a marriage-like relationship. |
| Financial requirements | The sponsor must be able to provide basic needs and financial support for the sponsored person and their dependent children. There is no minimum income requirement, but documentary evidence of financial support is required. |
| Work permit | The spouse or partner can apply for an Open Work Permit to work while the application is being processed. |
| Application process | The sponsor must submit an application package and sign an undertaking promising financial support. The sponsored person must undergo a medical exam, pass background and security checks, and submit police certificates. |
| Validity | The undertaking is valid for 3 years from the day the sponsored person becomes a permanent resident, except in Quebec where the length is different. |
| Withdrawal | The sponsor can withdraw the application before a final decision is made, but cannot cancel or withdraw an approved application. |
| Fees | An additional payment of $150 is required for each dependent child included in the application. An additional fee of $289 CAD is required if the sponsor resides or intends to reside in Quebec. |
| Previous sponsorship | If a spouse or partner was previously sponsored, there is a 5-year sponsorship bar before sponsoring a new spouse or partner. |
| Criminal history | The sponsorship bar also applies to people convicted of certain crimes, including those causing bodily harm to specific relatives. |
| Other requirements | The sponsored person must meet certain requirements to become a permanent resident and pass medical, security, and background checks. |
| Sponsorship options | There are two main options: Outland and Inland sponsorship, with different requirements and considerations. |
Explore related products
What You'll Learn
Sponsoring a common-law partner living in Canada
Canadian citizens and permanent residents can sponsor their common-law partners to become permanent residents of Canada. To be eligible, the sponsor must be at least 18 years old, not be receiving social assistance (unless for disability), and be able to prove that they can provide for the basic needs of their partner. The sponsor must also be able to show that they are in a genuine relationship with their partner, having lived together for at least 12 consecutive months without any long periods apart.
There are two main sponsorship options: Inland and Outland. Inland sponsorship allows Canadians and permanent residents to sponsor their partners, provided the couple is legally living together in Canada and the partner has valid temporary status in Canada as a worker, student, or visitor. During the processing of an Inland sponsorship application, the sponsored person can continue to live, work, or study in Canada. However, it is recommended that Inland sponsorship applicants remain in Canada while their application is being processed, as leaving the country may cause doubts about their intentions and may result in their application being refused.
Outland sponsorship, on the other hand, is more suitable if the partner does not plan to stay in Canada or needs to travel outside the country during the application process. In this case, the partner must live outside of Canada and meet the eligibility criteria for one of the three categories: common-law partner, conjugal partner, or spouse.
Regardless of the sponsorship option, the sponsor must sign an undertaking, promising to provide financial support for the basic needs of their partner and any dependent children. The length of the undertaking is typically three years from the day the partner becomes a permanent resident, except for residents of Quebec, who have a different undertaking length. The sponsor's financial obligations include medical expenses not covered by public health insurance, such as dental and eye care. It is important to note that once the sponsorship application has been approved, the undertaking cannot be withdrawn, even if the sponsor's personal or financial situation changes.
In addition to the financial requirements, the sponsored partner must undergo a medical exam, submit police certificates from countries of residence since the age of 18, and pass background and security checks. Once the application is approved, the sponsored partner will receive a Confirmation of Permanent Residence (COPR) and, if applicable, a permanent resident visa.
Martial Law: Work and You
You may want to see also
Explore related products
Sponsoring a common-law partner living outside Canada
The Canadian government defines a common-law partnership as a couple who has lived together for at least 12 consecutive months in a marriage-like relationship. To prove this, documentation such as shared leases, bills, and identification documents with the same address may be required. It is important to note that the partnership must be genuine and not solely for the purpose of obtaining permanent resident status.
When sponsoring a common-law partner from outside Canada, there are two main options: Outland and Inland sponsorship. Outland sponsorship is typically chosen when the sponsored partner does not plan to stay in Canada or needs to travel outside the country during the application process. In this case, the sponsored partner may apply for a Temporary Resident Visa (TRV) or an Electronic Travel Authorization (ETA) to remain in Canada while their application is processed.
On the other hand, Inland sponsorship is for couples legally living together in Canada, with the foreign partner holding a valid temporary status in Canada as a worker, student, or visitor. During the Inland sponsorship process, the sponsored partner can continue to live, work, or study in Canada.
Regardless of the sponsorship type, sponsors must sign an undertaking, promising to provide financial support for the basic needs of their partner and any dependent children. This undertaking cannot be withdrawn and is valid for three years from the day the sponsored partner becomes a permanent resident, except in Quebec, where the duration differs.
Common-Law Marriage: Insurance Coverage for Partners
You may want to see also
Explore related products
Financial obligations of the sponsor
Sponsoring a common-law partner to Canada involves a commitment to provide financial support to the sponsored person, including any dependent children. As a sponsor, you will be required to sign an undertaking that promises to provide for the basic needs of the sponsored person. This includes medical expenses not covered by public health insurance, such as dental and eye care.
Your obligations as a sponsor start as soon as the undertaking is in effect, and you cannot cancel or withdraw an undertaking, even if your personal or financial situation changes. The length of the undertaking is three years from the day your common-law partner becomes a permanent resident. For sponsorships in all parts of Canada except for Quebec, the undertaking will be valid for three years from the day your partner becomes a permanent resident. The length of undertaking for residents of Quebec is different.
There is no specific income requirement to be able to sponsor your common-law partner to Canada. However, financial requirements for spousal sponsorship include the following:
- You must show that you have sufficient income or assets to support your partner once they arrive in Canada.
- You must not be receiving income support benefits from any province or be in bankruptcy proceedings. If you are receiving Employment Insurance benefits or disability benefits, you may still sponsor your common-law partner.
- If your common-law partner has dependent children, an additional payment of $150 will be required for each child included in the application.
- If the sponsor resides in Quebec or intends to reside there when permanent residence is issued, an additional fee of $289 CAD will also be required.
It is important to note that if you are a temporary resident in Canada, you cannot sponsor your common-law partner to join you. Only permanent residents and Canadian citizens are eligible to apply under Canada's sponsorship programs.
LLB Holders: Practicing Law in the US
You may want to see also
Explore related products
![K: A Common Law Approach to Contracts [Connected eBook with Study Center] (Aspen Casebook) (Aspen Casebook Series)](https://m.media-amazon.com/images/I/61q5aq2nJOL._AC_UL320_.jpg)
Eligibility requirements for the sponsor and sponsored spouse
To sponsor a common-law partner to Canada, you must be a Canadian citizen, permanent resident, or a person registered in Canada as an Indian under the Canadian Indian Act. You must be at least 18 years old and not receiving social assistance (unless for disability). You must also be able to prove that you can provide for the basic needs of your partner and their dependent children. This includes food, clothing, shelter, and health care not covered by the Canadian health care system. You must also show that you have sufficient income or assets to support your partner once they arrive in Canada.
If you are sponsoring a spouse or partner with dependent children, you must declare any grandchildren as dependants in the application, whether they are coming to Canada or not. You must also show that you meet income requirements.
As a sponsor, you must sign an undertaking promising to provide financial support for your partner's basic needs. Your obligations as a sponsor begin as soon as the undertaking is in effect and last for three years from the day your partner becomes a permanent resident. The length of the undertaking is different for residents of Quebec.
The sponsored spouse must meet certain requirements to become a permanent resident of Canada. They must be in a genuine relationship with you, not just for the purpose of getting permanent resident status. They must have lived with you for at least 12 consecutive months in a conjugal relationship, without any long periods apart. Any time spent away during the 12-month period should be short and temporary, such as for family obligations or business travel. The sponsored spouse must also undergo a medical exam and submit police certificates from every country where they have lived for six months or more since the age of 18. They must also pass background and security checks.
City Power: Can Local Laws Override State Statutes?
You may want to see also
Explore related products
Inland and Outland sponsorship
Canadian citizens and permanent residents who are in a relationship with a foreign national can sponsor that person to join them and become a permanent resident of Canada. This includes common-law partners, provided they have lived with their partner for at least 12 consecutive months in a marriage-like relationship.
There are two main options for sponsorship: Outland and Inland. Outland sponsorship is generally for couples when the sponsored partner is living outside of Canada. The application is processed by the visa office in the foreign national's home country or a country in which they have resided legally for at least one year. The Canadian sponsor must remain in Canada while the application is being processed, but the foreign partner may be allowed to enter and leave Canada, provided they are from a visa-free country or obtain the appropriate Canadian visa.
Inland sponsorship is for couples when the sponsored person is already in Canada. The couple must live together in Canada during the application process, and the sponsored party must stay in Canada.
There are advantages and disadvantages to both processes, and it is important to consider them before submitting an application. For example, Outland sponsorship allows the applicant to travel to and from Canada while the application is underway, but it may not be an option if the sponsored person is living in Canada at the time of application. Inland sponsorship, on the other hand, does not allow for travel during the application process, which may negatively affect the outcome of the application.
Regardless of the type of application, the sponsor must show that they have sufficient income or assets to support the spouse or partner once they arrive in Canada and that they are not receiving income support benefits from any province or be in bankruptcy proceedings. The sponsor must also sign an undertaking, promising to provide financial support for the basic needs of the sponsored person and any dependent children for a specified period.
Hearsay Evidence: Admissible in a Court of Law?
You may want to see also
Frequently asked questions
Canadian citizens or permanent residents who are at least 18 years old can sponsor their common-law partners to immigrate to Canada.
To qualify as a common-law partnership, the couple must have lived together for at least 12 consecutive months in a marriage-like relationship.
The sponsor must submit an application package and sign an undertaking, promising to provide financial support for the basic needs of their partner. The sponsored partner must also meet certain requirements, such as passing background, security, and medical checks.
For residents of Quebec, the undertaking is valid for a different length of time compared to the rest of Canada. For all other provinces, the undertaking is valid for three years from the day the sponsored partner becomes a permanent resident.
Yes, there are some restrictions. The sponsor must not be receiving income support benefits and must be able to prove that they can financially support their partner. Additionally, if a previous spouse or partner was sponsored, a new sponsorship application cannot be submitted within five years of the previous partner becoming a permanent resident.
![The Common Law [with Biographical Introduction]](https://m.media-amazon.com/images/I/61rWKl6f6HL._AC_UL320_.jpg)
