WIthout marriage sponsorship
Common-Law/Without Marriage Partnership Sponsorship
Understanding Common-Law Sponsorship in Canada
Common-law partnership sponsorship offers a pathway to permanent residence for couples who have lived together in a conjugal relationship for at least one year, but aren’t legally married. This comprehensive guide explains the unique requirements, documentation challenges, and strategies for successful common-law sponsorship applications, including the inland open work permit option.
Common-Law Partnerships in Canadian Immigration
Canada recognizes common-law partnerships as legitimate family relationships for immigration purposes, granting them essentially the same rights as married couples:
- Legal Definition: Cohabitation in a conjugal relationship for at least 12 continuous months
- Same Recognition: Equal treatment to legal marriages for immigration purposes
- Same Processing Streams: Available inland and outland processing options
- Same Open Work Permit Access: Eligibility for the spousal open work permit program
- Same Sponsorship Undertaking: Three-year financial responsibility period
Expert Common-Law Sponsorship Assessment Available – Call +1 866 315 3612
Our specialized family immigration team provides comprehensive assessments for common-law partners. We’ll evaluate your specific situation, identify potential documentation challenges, and develop strategies to build a compelling common-law application.
Common-Law Sponsorship Eligibility: Key Requirements
Sponsor Requirements (Canadian Citizen or Permanent Resident)
- Status: Must be a Canadian citizen or permanent resident.
- Age: Must be 18 years of age or older.
- Residency: Must reside in Canada (or intend to return if a citizen living abroad).
- Financial Undertaking: Sign an undertaking to support the common-law partner for 3 years.
- No Social Assistance: Not receiving social assistance for a reason other than disability.
- No Criminality: Not prohibited from sponsoring due to certain criminal convictions.
Sponsored Common-Law Partner Requirements
- Relationship: Must be in a genuine common-law relationship for at least 12 continuous months.
- Admissibility: Must meet all admissibility requirements (medical, criminality, security).
- Age: Must be 18 years of age or older.
- Physical Presence: Must be physically present in Canada if applying inland.
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The Common-Law Sponsorship Application Process: Step-by-Step
1. Prepare Your Application Package
- Document Checklist: Follow the specific IRCC checklist for common-law partners.
- Forms: Complete all required forms accurately and truthfully.
- Supporting Documents: Gather identity, relationship, and financial documents.
- Relationship Proof: Extensive evidence of cohabitation and conjugal relationship.
- Police Certificates: From countries where the sponsored person lived for 6+ months since age 18.
- Medical Exam: Complete with an IRCC-approved panel physician.
- Fees: Pay application fees (sponsorship, processing, right of permanent residence).
2. Demonstrate Your Genuine Common-Law Relationship
This is the most critical aspect of common-law applications. You must prove:
- Cohabitation: Joint residential documents (leases, utility bills, shared mail).
- Conjugal Nature: Evidence of emotional, financial, and physical intimacy.
- Shared Life: Joint bank accounts, shared expenses, shared responsibilities.
- Public Recognition: Photos with friends/family, social media, letters from acquaintances.
- Future Plans: Shared future goals and plans.
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3. Submit Your Application
- Online Portal: Most applications are submitted through the IRCC online portal.
- Confirmation: Receive an Acknowledgment of Receipt (AOR) from IRCC.
4. Application Processing
- Completeness Check: IRCC reviews for completeness.
- Sponsor Eligibility: Assessed by IRCC.
- Sponsored Person Admissibility: Medical, criminality, security checks.
- Relationship Genuineness: Rigorous assessment of common-law relationship.
- Requests for Info/Interview: May be requested if doubts arise.
5. Decision
- Approval: Confirmation of permanent residence.
- Refusal: Refusal letter outlining reasons.
Inland vs. Overseas Common-Law Sponsorship
Inland Sponsorship (Partner in Canada)
- Applicant Status: Must be in Canada with valid temporary resident status.
- Work Permit: Eligible for an open work permit while processing (after AOR).
- Appeal Rights: No appeal rights if refused on genuineness grounds (only judicial review).
- Leaving Canada: Discouraged, may lead to application cancellation.
Overseas Sponsorship (Partner Abroad or in Canada without Status)
- Applicant Location: Partner resides outside Canada or in Canada without legal status.
- Work Permit: Not typically eligible for an open work permit based solely on this application.
- Appeal Rights: Sponsor may appeal to the Immigration Appeal Division (IAD) for genuine relationship refusals.
- Leaving Canada: The sponsored person can travel internationally.
Common Reasons for Delays and Refusals
- Insufficient Proof of Cohabitation: Lack of joint documents at the same address for 12 months.
- Failure to Prove Conjugal Relationship: Inadequate evidence of a marriage-like bond.
- Inconsistent Information: Discrepancies in forms or during interviews.
- Misrepresentation: Providing false information or omitting facts.
- Inadmissibility: Sponsored person fails medical, criminality, or security checks.
- Sponsor Ineligibility: Sponsor doesn’t meet requirements.
Facing a complex common-law case? Urgent legal help is available. Call our response team at +1 866 315 3612.
Building a Strong Common-Law Application
- Detailed Relationship History: A narrative of how the relationship developed.
- Shared Financial Responsibilities: Joint bank accounts, shared bills, joint credit cards.
- Joint Property: Shared lease agreements, mortgage documents.
- Correspondence: Mail addressed to both at the same address.
- Photos & Videos: Over time, with friends and family.
- Affidavits/Letters of Support: From friends, family, and employers confirming the relationship.
- Evidence of Mutual Support: Emotional, practical, and financial.
Impact of Work Permit for Inland Common-Law Applicants
- Work Authorization: Allows the common-law partner to work while the PR application is processed.
- Financial Independence: Contributes to household income.
- Integration: Helps the partner integrate into Canadian society and workforce.
- Application Strength: Demonstrates commitment to building a life in Canada.
Extending Your Stay During Processing
- Maintain Status: Ensure the sponsored partner maintains valid temporary resident status (visitor, worker, student) while the application is in process.
- Implied Status: If an extension application (e.g., visitor record, work permit) is submitted before the current status expires, the applicant is on implied status.
Contact Information for Common-Law Sponsorship Services
Our experienced sponsorship specialists provide comprehensive support throughout the application process. For consultation appointments or detailed eligibility assessments, call +1 866 315 3612.
About Sps Law
Member of the Law Society of Ontario, Law Society of Saskatchewan, and the Bar Council of Punjab and Haryana
A versatile Advocate with a proven track record across multiple jurisdictions, I bring a wealth of diverse experience to every case I handle.
My legal journey began with an academic foundation, earning a Bachelor of Commerce in 2014 before completing my LLB in 2019 from the prestigious Khalsa College, Amritsar. I established myself as a Criminal Defence Lawyer after joining the District Bar of Amritsar, where I advocated for clients in criminal matters.
After demonstrating my legal acumen by clearing the All India Bar Examination in 2020, I expanded my practice to the appellate level at the Punjab and Haryana High Court. During this period, I built a reputation for litigating bail applications and trial matters.
My commitment to professional growth led me to complete the National Committee on Accreditation (NCA) process in 2021, opening the door to legal practice in Canada. As a Law Graduate Assistant at Merchant Law Group LLP in Regina, I provided essential support to senior attorneys across multiple practice areas, including criminal law, class actions, civil litigation, family law, immigration, and real estate matters. This multifaceted experience equipped me with a comprehensive understanding of Canadian legal frameworks and client service excellence.
In 2023, I achieved another professional milestone by successfully passing the Ontario Bar Exams. I spent a year honing my skills as a well-rounded practitioner before establishing my own law office in May 2025, where I continue to serve clients with unwavering dedication and personalized attention.
My dual-jurisdiction experience and diverse practice background allow me to offer clients unique insights and effective representation across a wide spectrum of legal matters.
- 806 Victoria Ave, Regina, SK S4N 0R5
- +1 866 315 3612
- Fax 639-739-0353
- info@spslaw.ca
Practice Areas
- Civil Law
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- Family Law
- Immigration Law
- Power of Attorney
- Real Estate Law
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FAQ
Frequently Asked Questions About Investment Immigration
If you've lived together for less than 12 months, you don't qualify as common-law partners for immigration purposes. You might consider continuing cohabitation until you reach the 12-month threshold or pursuing marriage if appropriate for your relationship.
Brief, temporary separations for legitimate reasons like work, family obligations, or emergencies generally don't break the continuity of cohabitation. However, these absences should be documented and explained, and the shared residence must be maintained during separations.
While having joint documentation is ideal, IRCC recognizes that not all couples share every account. Focus on obtaining some key joint documents (like a lease or bank account) and supplement with individual documents showing the same address, plus strong supporting evidence from other categories.
Common-law partnerships require 12 months of physical cohabitation, while conjugal partnerships are for couples in marriage-like relationships who haven't been able to live together due to significant barriers (immigration, cultural, religious). Conjugal partnerships are much more diƯicult to prove and are rarely approved.
This depends on several factors including processing times, work permit needs, and points in Express Entry. Often, couples pursue both paths simultaneously, with family sponsorship providing a more certain outcome and potential work permit access, while Express Entry might oƯer faster processing in some cases.
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