Spousal Sponsorship of Common Law Partners

If you are in a common law relationship and your partner is a foreign national, you may be eligible to sponsor them for permanent residence in Canada through the spousal/common-law sponsorship program. However, it’s important to understand the eligibility requirements and documentation needed to demonstrate the genuineness of your relationship.

A common law relationship is defined as a relationship where two people have been living together continuously in a conjugal relationship for at least 12 months. To apply for sponsorship, you will need to provide evidence of your relationship, including joint bank account statements, shared bills, and photographs of you and your partner together.

When assessing the genuineness of a common-law relationship, immigration officers consider a range of factors, including:

1. The nature of the household – officers consider the duration of the cohabitation, shared living arrangements, and shared responsibilities.
   
   
2. The social aspects of the relationship – officers will examine the evidence of the social and emotional commitment of the couple, such as joint participation in social activities and family gatherings.
   
   
3. The financial aspects of the relationship – officers will look at the extent to which the couple has combined their finances and have joint bank accounts, assets, and liabilities.
   
   
4. The nature of the commitment – officers will consider the length of time the couple has been together, their future plans, and whether they have made any legal commitments to each other.
   
   

It’s important to note that common-law sponsorship applications may be more complex than spousal sponsorships. In addition to demonstrating the genuineness of the relationship, you may also need to provide evidence of your shared assets and liabilities, as well as your joint financial obligations.

If you are considering sponsoring your common-law partner, it’s recommended that you consult with a spousal sponsorship lawyer to ensure that your application is complete and accurate. A lawyer can help you navigate the process and provide guidance on the documentation needed to demonstrate the genuineness of your relationship.

In conclusion, common-law sponsorships can be a viable option for couples who have been living together in a committed relationship for at least 12 months. However, it’s important to provide evidence of the genuineness of your relationship and to seek the advice of a spousal sponsorship lawyer to ensure that your application is complete and accurate.

Here are some key tips and insights from spousal sponsorship lawyers to help LGBTQ+ couples navigate the spousal sponsorship process in Canada.

1. Understand the eligibility requirements: The eligibility requirements for spousal sponsorship are the same for all couples, regardless of sexual orientation or gender identity. The sponsoring spouse must be a Canadian citizen or permanent resident, and the sponsored spouse must be their spouse or common-law partner. However, it’s important to understand the definition of a spouse or common-law partner under Canadian law.
   
   
2. Know your options: There are two main pathways for spousal sponsorship: inland sponsorship and overseas sponsorship. Inland sponsorship is for couples who are already in Canada, while overseas sponsorship is for couples who are outside Canada. It’s important to know the differences between these two pathways and which one is the best fit for your situation.
   
   
3. Gather your documents: The spousal sponsorship process requires a lot of documentation, including proof of your relationship, identity documents, and more. Make sure to gather all the required documents and keep them organized.
   
   
4. Prepare for the interview: As part of the spousal sponsorship process, you and your spouse will be required to attend an interview. This is an opportunity to demonstrate the genuineness of your relationship. Make sure to prepare for the interview and be ready to answer questions about your relationship.
   
   
5. Work with a spousal sponsorship lawyer: A spousal sponsorship lawyer can help you navigate the process and ensure that you meet all the requirements. They can also provide guidance on how to address any challenges that may arise during the process.
   
   
6. Consider humanitarian and compassionate considerations: In some cases, a sponsored spouse may be inadmissible to Canada due to previous immigration violations or criminal activity. In these cases, it may be possible to apply for an exemption based on humanitarian and compassionate considerations. A spousal sponsorship lawyer can help you with this process.
   
   
7. Be aware of discrimination: Discrimination against LGBTQ+ individuals is illegal in Canada, including during the spousal sponsorship process. If you experience discrimination during the process, it’s important to speak up and report it.
   
   

Navigating the spousal sponsorship process for LGBTQ+ couples in Canada can be challenging, but with the help of a spousal sponsorship lawyer, it can be a smooth and successful process. Contact a spousal sponsorship lawyer today to learn more about how they can assist you.