Common Law Sponsorship

What happens if a common-law partner is married to another person?

In many common-law relationships, one partner may still be legally married to another person but in the process of separating from them. Though this is not a barrier for common-law sponsorship, having the requisite documents can help.

If you consider sponsoring your common-law partner, ensure that you are providing the required documentation to confirm that divorce proceedings from your married spouse are in process. Federal and state immigration authorities will require accurate and timely relationship documentation before they approve or consider your common-law sponsorship application.

Conjugal Partner Sponsorship

A conjugal relationship in Canada is when two people have a shared home, friends, finances, and an emotional and sexual relationship. An important distinction to note here is that two people can be either married or live together as common law. Once a couple cannot be both common law and married.

Is a Common law relationship the same as being Married?

No, marriage is not the same as being in a common-law relationship. In Ontario, a couple can either be married to each other or living together as common law.  In a typical common-law relationship, there are two key elements:

• Both the partners have spousal obligations towards each other
• In order to be considered for employment benefits, federal and state programs, common-law partners are considered as spouses in most cases unless specified otherwise

What are the Requirements to Sponsor Your Spouse in Canada?

To make a successful common-law sponsorship application, a permanent resident or Canadian citizen should meet the below terms and conditions, including but not limited to:

• Should be a minimum of 18 years of age
• Should be residing in Canada or have intentions of returning to Canada if the common-law spouse becomes a permanent resident of Canada
• Should be able to sponsor the basic financial needs of your common-law spouse for a period of three years

How Long Does It Take to Sponsor Your Spouse in Canada?

The majority of spousal sponsorship applications are processed within 12 months from the date of application. Some cases may take longer than the average processing time if they are complex in nature or if the visa office requires additional documentation. Any additional requests for information tend to extend the processing of the case and take longer to process.