Overview of Common-Law Partner Sponsorship Applications to Canada

Who can sponsor their common-law partner to Canada?

• You are at least 18 years old, and
• A Canadian citizen, a person registered in Canada as an Indian under the Canadian Indian Act, or a permanent resident living in Canada

If I am a Canadian citizen living outside Canada, can I sponsor my common-law partner to Canada?

Yes, you may apply to sponsor your common-law partner to Canada. You as the sponsor must show that you intend and plan to live in Canada when your sponsored common-law partner becomes a permanent resident. Permanent residents living outside of Canada will not be able to sponsor from outside of Canada.

What does it mean to be in a common-law relationship?

You can sponsor your common-law partner as long as you have been living or have lived with your partner for at least 12 consecutive months (1 year) in a marriage-like relationship. If you have spent time away from each other, this should have been short and temporary. Your common-law partner can be either sex, is at least 18 years old, and is not legally married to you.

Two Major Sponsorship Classes of Applications

1. Family Class (Outland)

You should apply under the Family Class if:

• The common-law partner you want to sponsor lives outside Canada
• You are currently living with your common-law partner outside Canada. Submitting an outland application will allow the common-law partner you want to sponsor to travel in and out of Canada as a visitor while the application is being processed. Please note that a valid visitor visa or an eTA are required for most countries’ passport holders.

2. Common-Law Partner In Canada (Inland)

You should apply under the In Canada Class if:

• The common-law partner you want to sponsor is living with you inside Canada
• Your common-law partner has a valid temporary resident status in Canada, or is exempt from needing a temporary resident status under a public policy that was set out in 2005

It is important to note that if you submit an application under the family class (outland) sponsorship class, you will have the right to appeal if the application is refused.

Do I need to meet a minimum necessary income requirement (MNI) to sponsor my common-law partner to Canada?

As part of the sponsorship application, the sponsor must sign an undertaking promising financial support and provide basic needs for their common-law partner, and their partner's dependent children (if applicable). If you are sponsoring your common-law partner, the length of the undertaking is 3 years from the day your sponsored common-law partner becomes a Canadian permanent resident.

In most cases, there is no minimum necessary income (MNI) requirement the sponsor would need to meet if you are sponsoring a spouse, partner or dependent child. However, you must meet the minimum income requirement if the spouse or partner you’re sponsoring has a dependent child who has dependent child of their own, or the dependent child you are sponsoring has a dependent child of their own.

How can my common-law partner and I prove that our relationship is genuine, and we have been living together for at least 12 consecutive months?

In general, applicants will have to submit proof which should demonstrate the nature and duration of their common-law relationship. This could mean:

• You share the same home
• You support each other emotionally, and may be supporting each other financially, and/or have shared expenses
• You may have children together (if this applies to your situation)
• You present yourselves in public, and your common-law relationship is recognized by your friends and/or family

Evidence of cohabitation and relationship during the relationship period may include:

• Proof of joint ownership of residential property
• Rental agreements showing both the sponsor and principal applicant as occupants
• Utility bills (e.g. gas, electricity, internet) for both the sponsor and principal applicant showing the same address
• Joint credit card accounts, or joint bank accounts
• Copies of government-issued documents for the sponsor and the principal applicant showing the same address
• Other documents showing the same address, whether the accounts are held jointly or not. Such as mobile phone bills, pay stubs, tax assessments, bank or credit card statements, and insurance policies
• Evidence of financial support or shared expenses, such as banking transactions
• Social media posts or conversations, photos, letters, or text messages that illustrate the relationship is recognized by family and friends

If the applicants are unable to provide certain supporting documentation, they will have to submit a detailed letter explaining why these are unavailable. This will help to reduce processing delays and the chance of the application being automatically returned.

Assessing Common-Law Relationship

In general, the above should be sufficient. In certain cases where the documents submitted do not provide adequate proof of a genuine common-law relationship, or if the reviewing officers have concerns that the relationship was entered into primarily for the purpose of acquiring any status or privilege, a local IRCC office may interview both the sponsor and the common-law partner, separately, to establish whether the relationship is genuine as part of the application process.

Common Factors that Contribute to the Complexity of Common-Law Sponsorship Applications

Common-law sponsorship applications can be particularly tricky and complex due to a variety of factors. Judging the sufficiency of provided documents from an applicant's perspective can be challenging. For instance, common-law partners who have been in a relationship for slightly more than a year may struggle to provide sufficient evidence of their marriage-like commitment. Partners of the same gender, those who are not active in their family and friends’ circle or are financially independent may also find it difficult to provide sufficient documentary evidence for the sponsorship application. Additionally, common-law partners living together with other family members can blur the lines of cohabitation, making it harder to prove that they are living together as a unit.

While this article provides a general overview of common-law sponsorship applications, it is important to note that there are many fine details to look out for. Please refer to the application guide on IRCC’s official website here for further details and latest changes in immigration policies and requirements.

Interested in sponsoring your common-law partner to live together in Canada?

There are many aspects to consider in preparing a comprehensive sponsorship application, especially in proving cohabitation and the genuineness of a common-law relationship. These applications may be complex to navigate on your own. We often see common mistakes being made when common-law partners submit their sponsorship applications that can lead to processing delays, or reviewing officers not being satisfied that the common-law relationship is established based on the evidence presented.

At Rothe International Canada, we provide our clients with guidance and personalized support to assist clients in achieving their dreams of reuniting with their loved ones to start a new happy journey in Canada. We have extensive successful experience in guiding clients throughout the application process, assisting clients in compiling necessary documents to strengthen their sponsorship applications, and ensuring that you understand the requirements and procedures involved. We have represented many candidates and would be delighted to assist you.

For further enquiries, please contact us at 2868 3780 or email [email protected]

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Disclaimer

The information provided above is for general private reference purposes only and is not intended to be a comprehensive explanation of Canadian immigration laws or a substitute for professional legal advice. Rothe International Canada is not responsible for any losses caused by the use of the above information.

If you have any specific questions, you are welcome to contact Rothe International Canada directly at (852) 2868-3780 or fill in our online enquiry form.