Common-law sponsorship: proving 12 months of living together
Applicants for common-law sponsorship in Canada must demonstrate they have been living together in a conjugal relationship for at least 12 months. This requirement can be challenging, especially for couples who have not been living together continuously. In this article, we will explore how to prove common-law partnership for sponsorship purposes and address issues that arise during the application process.
what is common-law sponsorship in canada
Common-law sponsorship is a type of family sponsorship that allows a Canadian citizen or permanent resident to sponsor their common-law partner for permanent residence in Canada. The couple must have been living together in a conjugal relationship for at least 12 months, which can include time spent living together before the application is submitted, as well as time spent living apart due to circumstances like work or education. For example, a couple who has been living together for 6 months, then spent 6 months apart due to work, can still meet the 12-month requirement.
proving common-law partnership
To prove common-law partnership, applicants must provide documentary evidence that demonstrates their relationship. This evidence can include shared lease or mortgage documents, joint bank account statements, co-addressed mail like utility bills or credit card statements, and insurance policies that list both partners as beneficiaries. Applicants can also include affidavits from friends or family members who can attest to the relationship. In my experience, including personal documents like photos and letters can also help demonstrate the relationship.
handling gaps in cohabitation
Gaps in cohabitation can be a challenge for common-law sponsorship applicants. If the couple has not been living together continuously, they must provide an explanation for the gap and demonstrate that they have maintained a conjugal relationship despite the separation. This can be done by providing evidence of regular communication, such as phone records or email correspondence, as well as proof of ongoing financial support or other forms of commitment. For instance, a couple who has been living apart due to work can provide evidence of regular video calls and joint financial planning to demonstrate their ongoing relationship.
how to apply for common-law sponsorship
The application process for common-law sponsorship involves several steps. First, the Canadian citizen or permanent resident must submit an application to sponsor their partner. Then, the partner must apply for permanent residence, providing the required documentation and evidence of the relationship. The application will be reviewed by Immigration, Refugees and Citizenship Canada (IRCC), and the couple may be required to attend an interview or provide additional documentation. It's essential to ensure that all required documentation is provided and that the application is complete to avoid delays or rejection.
what to expect during the application process
The application process for common-law sponsorship can take several months to a year or more to complete. Applicants can check the status of their application online or by contacting IRCC directly. It's crucial to stay informed and patient during this process, as delays can occur. I recommend checking the IRCC website regularly for updates and contacting them if there are any issues with the application.
differences from married-spouse application
Common-law sponsorship applications are similar to married-spouse applications, but there are some key differences. Common-law partners must demonstrate that they have been living together in a conjugal relationship for at least 12 months, whereas married spouses do not have this requirement. Additionally, common-law partners may be required to provide more documentation to prove their relationship, such as affidavits from friends or family members. Understanding these differences is essential to navigating the application process successfully.
additional resources
For more information on family sponsorship, visit the IRCC website or consult with a regulated Canadian immigration consultant (RCIC). You can also learn more about proving a genuine relationship to IRCC and the spousal sponsorship undertaking. Other relevant topics include the 5-year bar: sponsoring a new spouse after being sponsored, full cost breakdown of sponsoring your spouse for PR, and withdrawing a spousal sponsorship after a breakup. You can also explore Express Entry, Work Permit, Study Permit, and Provincial Nominee Programs for more information on immigration options.
Official current rules are at canada.ca/immigration; this guide is independent reference content.