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Common-law sponsorship lets a Canadian citizen or permanent resident sponsor a partner who has lived with them for 12+ months. Meeting IRCC requirements can be complex, and Spousal Sponsorship Lawyer ensures your application is accurate and complete.
Common-law sponsorship is a type of family sponsorship under Canada immigration that allows a Canadian citizen or permanent resident to sponsor their partner if they have lived together in a marriage-like relationship for at least 12 consecutive months. This is meant for couples who are not legally married but share their lives together as if they were.
The main difference between common-law sponsorship and spousal sponsorship is that marriage is not required. In spousal sponsorship, you must be legally married and have a valid marriage recognized by IRCC. With common-law sponsorship, proof of living together and showing a genuine partnership is what matters most.
Compared to conjugal sponsorship, the common-law category requires evidence of cohabitation. Conjugal sponsorship, on the other hand, is for couples who cannot live together or marry due to serious barriers like immigration rules, cultural restrictions, or legal issues.
When applying for a common-law partner visa, you must show proof such as joint leases, bills, or shared financial responsibilities to demonstrate your commitment. IRCC carefully reviews these applications to confirm that the relationship is genuine and not just for immigration purposes.
This program gives couples an opportunity to stay together in Canada and build their future without needing a legal marriage certificate.
To qualify for common-law sponsorship in Canada, both the sponsor and the partner must meet specific requirements set by IRCC. These rules are in place to ensure the relationship is genuine and that the application meets the conditions of Canada immigration.
To be a sponsor, you must:
Be at least 18 years old
Be a Canadian citizen, permanent resident, or registered under the Canadian Indian Act
Show financial stability (not bankrupt or on social assistance unless due to disability)
Have no serious criminal history or violent offences
Not be under a removal order from Canada
Be in good standing with past immigration undertakings (no unpaid immigration loans or sponsorship defaults)
For the common-law partner visa, your partner must:
Have lived with you in a marriage-like relationship for at least 12 continuous months
Provide strong proof of a genuine relationship, such as shared finances, joint leases, or photos together
Not be inadmissible to Canada for reasons like criminal history, medical issues, or misrepresentation
Meeting these eligibility rules is the first step toward a successful family sponsorship application.
When applying for common-law sponsorship in Canada, proving that your relationship is genuine and meets IRCC requirements is very important. Immigration Canada carefully reviews the documents you provide to confirm that you and your partner have lived together in a marriage-like relationship. Working with a Canadian immigration lawyer can also help ensure all documents are properly prepared and organized.
The following types of evidence are commonly required:
Joint lease agreements, utility bills, or shared bank accounts to show financial interdependence and cohabitation
Travel records, communication proof, and photos together (including with family and friends) to demonstrate a committed and genuine relationship
Affidavits from friends and family members confirming your partnership and long-term commitment
Submitting strong and consistent documentation helps build a convincing case with IRCC and increases the chances of approval for your family sponsorship application.
Applying for common-law sponsorship in Canada can feel overwhelming, but breaking it down into simple steps makes the process easier. Below is a clear step-by-step guide to help you understand how to apply through IRCC.
Step 1: Check Eligibility
Make sure both you and your partner meet the requirements. The sponsor must be a Canadian citizen, permanent resident, or registered under the Indian Act, while the common-law partner must have lived with the sponsor for at least 12 consecutive months.
Step 2: Gather Documents
Collect strong evidence of your relationship, including joint leases, bills, financial records, travel documents, photos, and affidavits. Having complete documentation is key to approval.
Step 3: Complete Sponsorship Forms
Fill out the required family sponsorship application forms provided by IRCC. Accuracy and consistency are very important to avoid delays or refusals.
Step 4: Submit Application to IRCC
Send your completed application package to Immigration, Refugees and Citizenship Canada along with all required fees. Make sure everything is well-organized before submission.
Step 5: Wait for a Decision
Processing times can vary, but during this stage IRCC may request additional information or an interview. If approved, your partner will be granted permanent residence in Canada.
Applying for common-law sponsorship in Canada can sometimes be challenging. Many couples face difficulties when trying to prove their eligibility to IRCC, but with the right guidance, these challenges can be managed.
Proving Cohabitation
One of the biggest hurdles is showing that you and your partner have lived together for at least 12 consecutive months. We help gather strong evidence such as joint leases, utility bills, and affidavits that clearly demonstrate your cohabitation.
Gaps in Living Together
Some couples experience short separations due to work, studies, or travel. While this can raise questions with Immigration Canada, we assist in preparing a detailed explanation supported by documents to show your relationship is still genuine and ongoing.
Criminal or Medical Inadmissibility
If the sponsor or partner has a criminal record or medical issues, this can lead to refusal. Our team works to assess your situation, explore possible remedies, and prepare submissions to give your application the strongest chance of success.
Previous Refusals
If your common-law partner visa application has been refused in the past, we review the refusal reasons carefully. We then prepare a new application or an appeal with stronger documentation and legal arguments to address the concerns raised by IRCC.
Submitting a common-law sponsorship application on your own can feel overwhelming, and small mistakes may result in delays or refusals. A Canadian immigration lawyer provides:
Avoidance of refusals by ensuring all eligibility requirements are clearly addressed.
Strong documentation strategy that highlights proof of cohabitation, relationship genuineness, and admissibility.
Professional submissions to IRCC with well-prepared legal arguments and supporting evidence.
Higher success rates due to experience handling complex sponsorship cases, including those with past refusals or challenges.
With professional guidance, you can submit a complete, compelling application that maximizes your chances of success.
How long does it take?
Processing times for common-law sponsorship applications vary depending on whether it is filed inland or outland sponorship, but most cases take between 12 to 24 months with IRCC.
Can my partner work in Canada while waiting?
If you apply through the inland sponsorship stream, your partner may be eligible for an open work permit while the application is being processed. Outland applicants usually do not have this option unless they qualify for another type of work permit.
What if we haven’t lived together for 12 months?
To qualify for common-law sponsorship in Canada, you must show at least 12 consecutive months of living together in a marriage-like relationship. If this requirement is not met, you may need to consider spousal sponsorship (if married) or conjugal partner sponsorship (if serious barriers prevent living together).
Can I appeal if refused?
Yes, if Immigration Canada refuses your application, you may have the right to appeal to the Immigration Appeal Division or seek a judicial review at Federal Court, depending on your situation.
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