IMMERGITY Immigration Consultant
Apr 1, 2023
Processing Time
~
Government Fee
~
*Processing time and fee are variable
12 month cohabitation for Common-Law Partner Sponsorship
Navigating the world of common-law partner sponsorship can be a complex process. Understanding the eligibility criteria is crucial to successfully sponsoring your partner to join you in Canada. In this blog post, we will explore the requirements for common-law partner sponsorship, discuss potential exceptions, and provide tips for a successful application. Additionally, we have included a FAQ section to address common questions and concerns.
Table of Contents
I. Introduction
Brief overview of common-law partnership requirements in Canada
Importance of understanding the eligibility criteria for sponsorship
II. Common-law partner sponsorship requirements
Definition of a common-law partner
Minimum cohabitation period
Evidence of genuine and continuing relationship
III. Exceptions and alternatives
Exceptions to the 12-month cohabitation rule
Applying for a conjugal partner sponsorship
Other immigration options for partners living together for less than 12 months
IV. How to prepare a strong common-law sponsorship application
Tips for proving the genuine nature of your relationship
Required documentation
Ensuring you meet financial requirements
V. Frequently asked questions
Addressing common concerns and questions related to common-law sponsorship and the 12-month rule
VI. Conclusion
Importance of meeting eligibility requirements and preparing a strong application
Encouragement to seek professional advice or assistance if needed.
Common-Law Partner Sponsorship Requirements
In order to sponsor your common-law partner, you must meet specific requirements set by Immigration, Refugees and Citizenship Canada (IRCC). Here are the key criteria:
Definition of a Common-Law Partner
A common-law partner is defined as someone with whom you have been living in a conjugal relationship for at least 12 consecutive months. This means you must have been living together, sharing financial responsibilities, and functioning as a committed couple.
Minimum Cohabitation Period
To qualify as a common-law partner for immigration purposes, you and your partner must have lived together for a minimum of 12 months without any significant breaks in the relationship.
Evidence of Genuine and Continuing Relationship
You must provide sufficient evidence to prove the genuine nature of your relationship and demonstrate that you plan to continue living together as a couple in Canada.
Exceptions and Alternatives
While the 12-month cohabitation rule is the standard requirement for common-law partner sponsorship, there are some exceptions and alternatives to consider if you don't meet this criterion.
Exceptions to the 12-Month Cohabitation Rule
There are limited exceptions to the 12-month cohabitation requirement, typically involving situations where the couple is unable to live together due to extenuating circumstances, such as legal restrictions or significant personal barriers. However, these cases are rare and subject to strict scrutiny by immigration officials.
The 12-month cohabitation requirement is a key eligibility criterion for common-law partner sponsorship in Canada. It states that a couple must have lived together in a conjugal relationship for at least 12 consecutive months to qualify as common-law partners. However, there are limited exceptions to this requirement.
The Immigration, Refugees and Citizenship Canada (IRCC) recognizes that there may be exceptional circumstances where couples are unable to live together for a full year due to reasons beyond their control. In such cases, the IRCC may make an exception to the 12-month cohabitation rule.
Here are some examples of circumstances where the IRCC may make an exception to the 12-month cohabitation requirement:
Legal Restrictions
If there are legal restrictions preventing the couple from living together in their home country, such as laws that prohibit cohabitation or same-sex relationships, the IRCC may waive the 12-month cohabitation requirement.
Significant Personal Barriers
If there are significant personal barriers that prevent the couple from living together for a full year, such as religious or cultural beliefs, political or social unrest, or family obligations, the IRCC may make an exception to the 12-month cohabitation rule.
Other Compelling Reasons
If there are other compelling reasons that prevent the couple from living together for 12 months, the IRCC may consider making an exception. These may include medical emergencies, financial hardship, or natural disasters.
It is important to note that the IRCC considers each case on an individual basis and exceptions to the 12-month cohabitation requirement are rare. Couples must provide substantial evidence to prove their exceptional circumstances and demonstrate that their relationship is genuine and continuing.
If you believe that you may qualify for an exception to the 12-month cohabitation rule, seek professional advice or assistance to navigate the complex process of common-law partner sponsorship in Canada.
Applying for a Conjugal Partner Sponsorship
If you do not meet the 12-month cohabitation requirement, you may consider applying for a conjugal partner sponsorship. This option is designed for couples who have been in a conjugal relationship for at least one year but have been unable to live together due to significant barriers beyond their control.
Other Immigration Options
If you are not eligible for common-law or conjugal partner sponsorship, you may explore other immigration options, such as Express Entry, Provincial Nominee Programs, or temporary residence through work or study permits.
How to Prepare a Strong Common-Law Sponsorship Application
To increase your chances of a successful common-law sponsorship application, follow these tips:
Prove the Genuine Nature of Your Relationship
Provide substantial evidence of your relationship, such as shared bills, lease agreements, joint bank accounts, photos, travel records, and letters from friends and family.
Required Documentation
Gather all necessary documents, including proof of identity, cohabitation evidence, financial statements, and any other documents that support your case. Read more here.
Ensuring You Meet Financial Requirements
As the sponsor, you must demonstrate your ability to financially support your common-law partner upon their arrival in Canada. This may include providing proof of income, employment, and assets.
Importance of meeting eligibility requirements and preparing a strong application
Meeting eligibility requirements and preparing a strong application are crucial for a successful spousal or common-law partner sponsorship in Canada. The immigration process can be complex, and any mistakes or omissions in the application can result in delays or refusals.
Here are some reasons why it is important to meet eligibility requirements and prepare a strong application:
Increases Chances of Approval
Meeting the eligibility requirements and providing sufficient evidence to prove your relationship is genuine and continuing significantly increases your chances of approval. Immigration officials carefully review each application and look for evidence that supports the relationship.
Reduces Delays and Refusals
If an application is incomplete or contains errors, it can result in delays or refusals. This can be frustrating and cause significant setbacks for couples who are eager to start their lives together in Canada.
Demonstrates Commitment
By meeting eligibility requirements and providing substantial evidence of your relationship, you demonstrate your commitment to your partner and your desire to build a life together in Canada.
Avoids Legal Issues
Attempting to sponsor someone who does not meet the eligibility criteria can result in legal issues, including fines, penalties, or even criminal charges. It is important to ensure that you meet all eligibility requirements before submitting an application.
Ensures Smooth Transition
A successful spousal or common-law partner sponsorship can lead to a smooth transition for couples as they begin their new life together in Canada. A well-prepared application can help avoid unnecessary stress and challenges during the immigration process.
Encouragement to seek professional advice or assistance if needed.
Navigating the spousal or common-law partner sponsorship process in Canada can be complex and challenging, and it is important to seek professional advice or assistance if needed. A qualified immigration consultant or lawyer can help you understand the eligibility requirements, prepare a strong application, and navigate any obstacles that may arise during the process.
Here are some reasons why seeking professional advice or assistance can be beneficial:
Expert Knowledge
Immigration consultants and lawyers have expert knowledge of the immigration process and can provide valuable guidance and advice throughout the application process.
Avoid Mistakes
Professional assistance can help you avoid mistakes and omissions that may result in delays or refusals. Immigration officials carefully review each application, and any errors or omissions can lead to significant setbacks.
Increased Chances of Approval
Professional assistance can increase your chances of approval by ensuring that your application is complete, accurate, and meets all eligibility requirements.
Simplify the Process
The immigration process can be complicated and overwhelming, especially for those who are unfamiliar with the Canadian immigration system. Professional assistance can simplify the process and help you navigate any challenges that may arise.
Frequently Asked Questions
Q: Can I sponsor my partner if we have lived together for less than 12 months but plan to meet the requirement soon?
A: Unfortunately, you must meet the 12-month cohabitation requirement at the time of application. You should wait until you fulfill this requirement before applying for common-law partner sponsorship.
Q: Are there any exceptions to the 12-month cohabitation requirement for common-law partners?
A: There are very limited exceptions to this rule, generally involving situations where the couple is unable to live together due to extenuating circumstances beyond their control. These cases are rare and subject to strict scrutiny.
Q: Can I sponsor my partner if we have not lived together for 12 months but have a child together?
A: While having a child together is strong evidence of a genuine relationship, you must still meet the 12-month cohabitation requirement for common-law partner sponsorship.
Q: Can I sponsor my partner as a spouse instead of a common-law partner if we don't meet the 12-month cohabitation requirement for common-law partnership?
A: No, if you do not meet the requirements for common-law partnership, you cannot apply as a spouse. The requirements for spouse sponsorship are different and require a legal marriage.
Q: Can I sponsor my same-sex partner as a common-law partner in Canada?
A: Yes, same-sex couples are eligible for common-law partner sponsorship in Canada as long as they meet the eligibility criteria.
At IMMERGITY Immigration Consultant, we are committed to reuniting families in Canada using our specialized skills and unwavering devotion. Our team of legal professionals offers expert services in sponsoring family members including spouses, partners, children, parents, and grandparents, as well as the Super Visa program. If you require assistance with family sponsorship, please don't hesitate to reach out to us for support.