Kara Sears
If you are a Canadian citizen looking to sponsor your foreign common-law partner for permanent residency in Canada, there are a number of documents that you will need to submit as part of the application process. The Canadian government scrutinizes spousal and common-law sponsorships to an extreme degree, so it is important to ensure that your application is thorough and complete. Both parties must sign an undertaking agreement, which outlines the sponsor's commitment to supporting the sponsored partner for the duration of their stay in Canada. This includes financial, emotional, and other types of support. To prove that your relationship is genuine, you must provide evidence of cohabitation, such as insurance policies, IDs, and driver's licenses, as well as evidence that you have been together for at least one year. It is important to note that the sponsored partner must not be living in Canada while the application is being processed, and they must have valid temporary resident status in Canada or be exempt from needing this status.
| Characteristics | Values |
|---|---|
| Sponsoring a common-law partner | Need to be a Canadian citizen, permanent resident, or person registered in Canada under the Canadian Indian Act |
| Need to be at least 18 years old | |
| Must be sponsoring a person with whom they have cohabited for at least one year | |
| Must have a legitimate, marriage-like relationship | |
| Must demonstrate that they can support their partner financially, emotionally, and in other ways for at least three years | |
| Must sign an undertaking agreement to this effect | |
| Must provide documentary evidence of their relationship, such as insurance policies, IDs, and driver's licenses | |
| Must provide a photo that meets passport photo requirements | |
| Sponsoring a common-law partner who has been previously married | Need to provide evidence of cohabitation with the current partner for at least one year |
| Need to provide evidence of a separation from the previous spouse, such as a separation agreement or court order | |
| Sponsoring a spouse or common-law partner in Quebec | Must first submit their candidacy to the federal government |
| If the application is approved, will receive instructions to download Quebec's sponsorship kit |
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What You'll Learn
Evidence of cohabitation
To qualify as a common-law partner in Canada, you must provide sufficient supporting documentation to prove the authenticity of your relationship. This includes demonstrating cohabitation, which means living together in a marriage-like commitment for at least one year. It is important to note that simply being in a relationship is not enough, and you must meet other eligibility requirements set by IRCC.
It is important to note that the requirements for common-law partnerships may vary depending on the province or territory. Therefore, it is always recommended to check with local provincial or territorial authorities to understand the specific requirements and eligibility criteria for common-law sponsorships.
The Canadian government places a high priority on family reunification and diligently recognizes and assesses common-law sponsorships. Canadian citizens, permanent residents, or Registered Indians who are 18 years or older can sponsor their common-law partners for permanent residency in Canada. However, it is crucial to ensure that the relationship is genuine and meets the necessary criteria.
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Proof of relationship
To qualify as a common-law partner in Canada, you must provide sufficient supporting documentation and information to prove the genuineness of your relationship. This is because the Canadian government scrutinizes spousal and common-law sponsorships to an extreme degree, given their wariness of fraud.
To be considered a common-law partnership, you must be cohabiting in a marriage-like commitment, have combined affairs, be dependent on each other, and have cohabited together for at least one year.
Documents that can be used to prove cohabitation include insurance policies, IDs, and driver's licenses. It is important to note that photos, telephone bills, and letters are not accepted as proof. Instead, you should send certified photocopies of original documents such as marriage certificates and passports, unless your checklist or country-specific requirements ask you to submit originals.
If your common-law partner has been previously married but is on the verge of divorce, additional evidence may be required, such as a separation agreement, a signed declaration of the annulment of the marriage, and documents showing the removal of the previous spouse from insurance policies and beneficiaries.
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Financial support documents
Sponsoring a common-law partner in Canada involves a commitment to provide financial support to the sponsored person. This includes 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. Basic needs refer to food, clothing, shelter, household utilities, fuel, and healthcare. This includes medical expenses not covered by public health insurance, such as dental and eye care.
The financial requirements for spousal sponsorship include the following:
- You must demonstrate that you have sufficient income or assets to support your common-law partner once they arrive in Canada.
- 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.
- If your partner has dependent children, you must show your financial ability to meet the terms of the sponsorship undertaking.
- If your partner's dependent child has dependent children of their own, you must also demonstrate your financial capacity to support them.
To prove that your relationship is genuine, you may be required to submit documentary evidence of financial support or shared expenses between you and your partner. This can include:
- Bank records that prove the majority of your daily transactions, such as groceries, entertainment, and transportation, have been taking place in Canada.
- Documents indicating that you are recognised as each other's common-law partner, such as employment or insurance benefits.
- Evidence of shared expenses or joint ownership, such as utility accounts, rental agreements, car insurance, or financial statements.
- Proof of your relationship, such as letters, emails, social media conversations, or text messages.
- Photos demonstrating your genuine relationship for a period of at least 12 months.
It is important to note that the requirements may vary depending on the province, such as Quebec, which has specific additional requirements for spousal and common-law sponsorships. It is advisable to consult an immigration lawyer or professional to ensure you meet all the necessary criteria and submit a complete application.
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Certified photocopies
When applying for common-law partnership in Canada, it is important to submit certified photocopies of relevant documents. Certified photocopies are required to prove the genuineness of the relationship and the fulfilment of the eligibility criteria. While the applicants themselves cannot certify the copies, there are authorised individuals who can. The authority to certify copies varies by province, territory, and country, so it is essential to check with the local provincial, territorial, or country-specific authorities to identify who has the authority to certify.
It is important to note that original documents, such as marriage certificates and passports, will be returned, but certified photocopies should be submitted unless the checklist or country-specific requirements specifically request the originals. This is to ensure that the application process runs smoothly and to avoid any delays in obtaining the permanent resident card, as the photos provided will be used for this purpose.
To avoid any issues with the certified photocopies, it is advisable to review the requirements and instructions provided by the relevant authorities. By submitting the certified photocopies as requested, applicants can increase the likelihood of a successful application for common-law partnership in Canada.
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Application forms
To apply for common-law partner status in Canada, you must submit a sponsorship application. This application must include a completed application form, which you can download from the IRCC website. The IRCC website also provides a checklist to help you prepare the necessary forms. It is important to ensure that all forms are fully completed, signed, and included in the application package, as incomplete applications will not be accepted for processing.
The application form will require you to specify the "Class of Application". For example, if your common-law partner lives with you in Canada, you would select the "Spouse or Common-Law Partner in Canada" class. Alternatively, if your partner does not live in Canada, you would apply under the conjugal partner class.
As part of the application, you must provide documentary evidence to prove your common-law relationship. This includes evidence that you have been in a genuine relationship for at least 12 months and that you cohabit or intend to cohabit. Evidence of cohabitation may include insurance policies, IDs, and driver's licenses. If your common-law partner has been previously married, you may also need to provide evidence of physical separation from their former spouse, such as a separation agreement or court order.
In addition to the standard application forms, Quebec has additional requirements for spousal and common-law sponsorships. Applicants must first submit their candidacy to the federal government and, if approved, will receive instructions to download Quebec's sponsorship kit.
It is highly recommended to seek professional advice from a lawyer when submitting a sponsorship application to ensure that all requirements are met and to avoid delays or rejection of your application.
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Frequently asked questions
To qualify as a common-law partnership in Canada, you must provide sufficient supporting documentation to prove the legitimacy and genuineness of your relationship. This includes:
- Proof of cohabitation, such as insurance policies, IDs, and driver's licenses.
- Evidence of a conjugal relationship, such as separation agreements from previous marriages.
- Certified photocopies of original documents, such as marriage certificates and passports.
- A signed undertaking agreement, outlining the sponsor's commitment to supporting the sponsored partner for at least three years.
To be eligible for a common-law partnership in Canada, you must:
- Have cohabited together for at least one year.
- Be in a marriage-like commitment, with combined affairs and dependency on each other.
- Have the sponsor be either a Canadian citizen, a permanent resident of Canada, or a Registered Indian.
- Demonstrate the intention of residing in Canada.
To sponsor a common-law partner in Canada, you must:
- Submit your candidacy to the federal government and meet the requirements.
- Download Quebec's sponsorship kit and fill out the necessary documents.
- Specify the "Class of Application" on the checklist you submit.
- Provide documentary evidence of how you plan to support your partner financially.
- Submit a photo that meets certain requirements (e.g. a passport photo) for their permanent resident card.
