Becoming a Common-Law Partner as a Visitor: Qualification Guide

The Canadian government views family reunions as an essential component of society. For this reason, they provide a range of partner sponsorship programmes that enable couples to live permanently in Canada.

To help you be close to your loved ones, IRCC offers a variety of sponsorship and visa solutions. Under family sponsorship, there are different kinds of partner relationships, each of which needs its own review procedure and documentation to ensure connection authenticity. One among them is the common-law partnership.

Here, we’ll examine the subtleties of common-law partnerships and learn how Family Sponsorship Assessment facilitates the immigration of common-law partners of Canadian citizens and permanent residents.

Identifying Common-Law Partnerships

Common-law unions are characterized by cohabitation that mimics that of a married couple, yet they are not. A person in a committed partnership with another individual of any gender is referred to as a common-law partner. This legal status carries certain rights and responsibilities like married couples do.

Since these relationships are not legally marriages, it might be difficult to properly recognize and evaluate them for the purposes of Canadian immigration. Consequently, while applying for common-law sponsorship, common-law spouses must furnish adequate evidence of their connection to Canadian Immigration by way of supporting documents and information.

Sponsorship of Common-Law Partners — The Eligibility Factors

To provide sponsorship for your common-law spouse’s immigration to Canada:

  • The sponsor must be eighteen years of age or older
  • The sponsor must be a registered Indian, a Canadian citizen, or a permanent resident of Canada
  • The sponsor has to either remain in Canada continuously or demonstrate the intention of residing in Canada, should their common-law partner successfully secure permanent residency in Canada
  • The sponsor must be financially capable of providing basic essentials for their common-law partner
  • The sponsor must not be barred from entering Canada
  • An undertaking agreement, which the sponsor and the sponsored common-law partner must sign, must specify the sponsor’s responsibility for providing the sponsored common-law partner with basic requirements throughout their stay in Canada

It’s critical to realize that the sponsor will be the one offering the sponsored common-law partner financial, emotional, and other support for at least three years following the commitment signed by both parties. Because of this, the sponsor is under a great deal of duty and has to make sure they understand all they are signing and committing to before proceeding. 

Common-Law Partnership — Qualifying Parameters Under a Visitor’s Visa

A couple must have lived together continuously for a minimum of one year in order to be eligible for immigration benefits as a common-law partner. Many international partners visit Canada to spend time with their Canadian partners. However, visitor permits have a maximum six-month validity period. 

The issue then arises: how can the foreign partner fulfill the one-year cohabitation requirement required to be eligible for common law if they are only allowed to stay in Canada for a maximum of six months?

The solution is rather straightforward. Once within Canada, visitor visas can be regularly renewed for an additional six months if needed. The applicant must demonstrate both a valid cause for wanting to stay in Canada and the availability of adequate funds to sustain them while they are there.

After living with their Canadian spouse for a full year, a foreign partner may apply for permanent residence under the common-law partner category if their visitor status is extended for an additional six months or longer.

The foreign partner could also enter Canada on a different kind of longer-term temporary residency permit. A study permit is one such example, under which one can obtain temporary residence in Canada for up to 4 years. For this, they must be accepted into a Canadian educational program and demonstrate their ability to support themselves financially throughout their studies in order to be granted a study permit.

Another temporary status that might last one or more years and allow living with a Canadian partner for a year is a work permit. Nevertheless, obtaining a work visa might be challenging because it often requires both an authorized Labour Market Impact Assessment from Service Canada and a job offer from a Canadian business.

The Role of Family Sponsorship Assessment

The Family Sponsorship Assessment is a detailed examination procedure used by immigration officials to determine the eligibility of both the sponsor and the sponsored individual. The purpose of this evaluation is to confirm that the connection is real and satisfies the requirements set forth by immigration regulations.

The assessed factors are as follows:

  • Tangible evidence of a genuine relationship
  • Duration of the relationship
  • Financial competence of the sponsor
  • Legal status of the sponsor
  • Medical evaluation of both partners
  • A background check of both partners

As a visitor, you must navigate a complicated web of regulations and examinations in order to become a common-law spouse. It is crucial to remember that pursuing these applications alone might be challenging. It is thus strongly advised that you obtain expert and knowledgeable assistance before filling out a common-law sponsorship application. 

A Canadian legal practice with complete insurance and licensing, Sponsorship Lawyer specializes in various forms of sponsorship applications. We can represent customers in practically any language they want, and we represent clients from all over the world. We take great pride in having helped several people establish new lives in Canada by representing them in their sponsorship cases. So, please contact us at 647-953-4235 and schedule your consultation right away.

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