Anaya Nolan
Canadian citizens and permanent residents can sponsor their common-law partners to immigrate to Canada and become permanent residents. The Canadian government aims to make decisions on spousal sponsorship applications within 12 months. To be eligible, the sponsor must be a Canadian citizen or permanent resident, at least 18 years old, not receiving social assistance (unless for disability), and capable of financially supporting their partner. The partner must meet admissibility criteria, including medical and criminal checks, and have lived with the sponsor for at least 12 consecutive months. The sponsor must specify the Class of Application on the checklist they submit, choosing between the Family Class and the Spouse or Common-Law Partner in Canada Class.
| Characteristics | Values |
|---|---|
| Who can apply? | Canadian citizens, Registered Indians or permanent residents of Canada who are 18 years of age or older |
| Who can be sponsored? | Spouse, common-law partner, conjugal partner, or dependent child |
| Relationship requirements | Must have lived together for at least 12 consecutive months in a marriage-like relationship; any periods apart should be short and temporary |
| Financial requirements | The sponsor must be able to provide financial support for the basic needs of the sponsored person and their dependent children |
| Medical requirements | The sponsored person must undergo a medical exam and pass background and security checks |
| Criminal record requirements | The sponsorship bar prevents people who have been convicted of certain crimes, including those causing bodily harm, from sponsoring a family member |
| Application process | Submit an application package, including a checklist specifying the "Class of Application" |
| Work permit | The sponsored person may be able to apply for an Open Work Permit |
| Validity of undertaking | 3 years from the day the sponsored person becomes a permanent resident |
| Withdrawal of application | The sponsor can withdraw the application before the sponsored person becomes a permanent resident, but the IRCC agent may refuse the withdrawal |
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What You'll Learn
Sponsorship options
Canadian citizens or permanent residents can sponsor their spouse, common-law partner, conjugal partner, or dependent child to immigrate to Canada. The sponsor must be at least 18 years old and capable of financially supporting the applicant. The length of the undertaking is typically 3 years from the day the sponsored individual becomes a permanent resident.
There are two main sponsorship options: Outland and Inland. Outland sponsorship is for applicants living outside Canada, while Inland sponsorship is for those living in Canada with their sponsor. The spouse or common-law partner may be eligible to apply for an Open Work Permit to work while the application is being processed.
If the applicant lives outside Canada, they must submit their application under the Family Class. The sponsor must prove that they intend to reside with their partner in Canada once the application is approved.
If the applicant lives in Canada with their sponsor, they can apply under the Spouse or Common-Law Partner in Canada Class. In this case, the applicant must hold or have previously held valid immigration status in Canada.
The spousal sponsorship application process typically takes 12 months. If the application is refused, you can reapply, but it is important to address the reasons for the previous refusal and provide any necessary additional information or documentation.
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Eligibility requirements
To be eligible to sponsor your common-law partner in Canada, you must be a Canadian citizen, Registered Indian, or permanent resident of Canada, and you must be 18 years of age or older. You must also be able to prove that you are in a legitimate common-law partnership, which means you must have lived together for at least 12 consecutive months in a marriage-like relationship. Any time spent apart during this period should be short and temporary, for reasons such as business travel or family obligations.
If you are sponsoring a foreign national as your common-law partner, you must have been a permanent resident for at least five years, and you must not have been convicted of certain crimes, including those that caused bodily harm to specific relatives. You must also show that you have sufficient income or assets to support your partner once they arrive in Canada, and you must not be receiving income support benefits from any province or be in bankruptcy proceedings. However, if you are receiving Employment Insurance benefits or disability benefits, you may still be eligible to sponsor your partner.
Your partner must meet admissibility criteria, including medical and criminal record checks, and they must have valid immigration status in Canada. They may also be eligible to apply for an Open Work Permit, which would allow them to work while the application is being processed.
If you are sponsoring a child, they must not be inadmissible to Canada and must qualify as a dependant. They must be your biological or adopted child, or your partner's biological or adopted child. If your child has a child of their own, you must declare your grandchild as a dependant in the application, whether or not they are immigrating to Canada.
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Application process
The application process for sponsoring a common-law partner in Canada involves several steps and requirements. Here is a detailed guide on the application process:
Eligibility
Firstly, ensure that you meet the eligibility criteria to be a sponsor. You must be a Canadian citizen, a Registered Indian, or a permanent resident of Canada who is 18 years of age or older. Additionally, you should have lived with your partner for at least 12 consecutive months in a marriage-like relationship. Any periods spent away during this time should be short and temporary, such as for business travel or family obligations.
Sponsorship Options
You have two main sponsorship options: Outland and Inland. Outland sponsorship is for when your partner is living outside of Canada, and Inland sponsorship is for when your partner lives with you in Canada but does not plan to stay for the entire application process.
Application Package
You will need to submit an application package specific to your chosen sponsorship option. The package should include the necessary forms and documents, such as proof of your relationship and financial status.
Medical and Background Checks
Your partner will need to undergo a medical exam by a panel physician approved by IRCC and pass background and security checks. They will also need to submit police certificates from each country where they have lived for six months or more since turning 18.
Undertaking and Financial Support
As a sponsor, you will need to sign an undertaking, promising to provide financial support for your partner's basic needs and those of any dependent children. This obligation begins as soon as the undertaking comes into effect and typically lasts for three years from the day your partner becomes a permanent resident.
Work Permit and Visa
Your partner may be eligible to apply for an Open Work Permit to work in Canada while their application is being processed. Once the application is approved, they will receive a Confirmation of Permanent Residence (COPR) and, if they are outside Canada, a permanent resident visa.
The Canadian government aims to process spousal sponsorship applications within 12 months. It is important to carefully review all requirements and provide comprehensive information to ensure a smooth application process.
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Supporting documents
The Canadian government allows citizens and permanent residents to sponsor their spouse, common-law partner, or conjugal partner to become permanent residents of Canada. The sponsor must be at least 18 years old and must be able to provide financial support for the basic needs of their spouse or partner and their dependent children.
If you are sponsoring your spouse or common-law partner, you may do so under the Family Class or the Spouse or Common-Law Partner in Canada Class. The person being sponsored must meet certain requirements to become a permanent resident of Canada, including being in a genuine relationship with the sponsor, not only for the purpose of obtaining permanent resident status.
- Proof of a legitimate common-law partnership: This includes evidence of cohabitation for at least 12 consecutive months in a marriage-like relationship. Any time spent away during this period should be short and temporary, such as for business travel or family obligations.
- Proof of relationship credibility: Visa officers will assess the credibility of the relationship and the intention of the couple to establish in Canada.
- Proof of financial support: The sponsor must demonstrate that they can provide for the basic needs of their partner and any dependent children. This includes showing sufficient income or assets to support the partner once they arrive in Canada.
- Proof of valid immigration status: The person being sponsored should have valid temporary resident status in Canada or be exempt from needing this status under a public policy.
- Medical and criminal record checks: The sponsored partner must undergo a medical exam and submit police certificates from each country they have lived in for six months or more since turning 18. They must also pass background and security checks.
- Additional documents: Be prepared to provide any other requested documents or attend an interview if requested by the immigration authorities.
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Application outcome
The outcome of a common-law partner application in Canada depends on several factors, including the eligibility of the sponsor and the sponsored partner, the accuracy and completeness of the application, and the specific circumstances of the case. Here is an overview of the possible outcomes and the steps involved:
- Approval: If the application is approved, the sponsored partner will receive a Confirmation of Permanent Residence (COPR). If they are outside Canada, they will also receive a permanent resident visa, allowing them to enter Canada as a permanent resident. The sponsor's financial obligations begin at this stage.
- Refusal: In some cases, the application may be refused. Common reasons for refusal include not meeting the eligibility criteria, insufficient income or assets to support the partner, or issues with the application documentation. It is important to carefully review the refusal letter and seek professional advice if needed.
- Withdrawal: Either the sponsor or the sponsored partner can withdraw the application at any time before the sponsored partner becomes a permanent resident of Canada. However, the withdrawal request may be refused, and the application may still be processed.
- Reapplication: If an application is refused, it is possible to reapply. It is crucial to address the reasons for the previous refusal by providing additional information or documentation that clarifies and corrects the identified issues.
- Processing Time: The Canadian government aims to make decisions within 12 months. However, each case may vary depending on its complexity and the accuracy of the submitted information.
- Work Permit: If the sponsored partner lives in Canada and has valid immigration status, they may be eligible to apply for an Open Work Permit to work while the application is being processed. This option is available for inland applicants.
- Temporary Authorization: If the sponsored partner is seeking temporary authorization to enter Canada, they must present a compelling narrative to the Canadian government. Visa officers have the discretion to approve or refuse such requests.
It is important to note that the outcome of each application is unique and depends on the specific circumstances of the sponsor and the sponsored partner. Seeking professional legal advice and ensuring that the application is thorough and accurate can increase the chances of a positive outcome.
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Frequently asked questions
Canadian citizens or permanent residents can apply for common-law partner status in Canada.
To qualify as common-law partners, couples must live together for at least 12 consecutive months in a marriage-like relationship. Any time spent apart during this period should be temporary and for legitimate reasons such as business trips or family obligations.
You will need to provide documents proving that you are in a common-law relationship, such as proof of cohabitation for at least 12 months. You may also need to provide additional documents if requested by immigration authorities.
You can apply for common-law partner status in Canada by submitting an application under the Family Class or the Spouse or Common-Law Partner in Canada Class. You will need to specify the "Class of Application" on your application checklist.
