Common-Law Sponsorship Questions and Answers

Questions and Answers for Common-Law Sponsorship

In this article, I will address questions and answers for Common-Law sponsorship in order for you to further understand what a Common-Law sponsorship entails. A Common-Law sponsorship is intended for Canadian citizens and permanent residents who wish to sponsor their common-law partner to come to Canada and receive permanent residency. It was created to give Canadian citizens and permanent residents an opportunity to finally be united with their spouses. The Canadian government believes that individuals live a better life when they are united with their families and reinforce family reunification. If you feel as though you would be eligible to apply for a Common-Law sponsorship, I suggest you read our article on “How to Sponsor your Common-Law Partner” before reading this question and answer article. This article is intended to clarify any misunderstanding or confusion with regards to a Common-Law sponsorship.

Q: What documents can my common-law partner and I provide to prove we have been living together for over a year?

A: There are specific documents that you and your common-law partner can provide to Immigration to prove that you have been living together for over a year. Such documents include, shared ownership, lease or rental agreements of residential property; joint bills for shared utilities, such as electricity, telephone, gas, etc.; important documents that show the same address, such as driver’s licenses and insurance policies; and lastly, identification documents. Keep in mind, Immigration will accept any other documentation you can provide that you feel would prove that you and your common-law partner have been living together for over a year.

Q: Is it possible for my common-law partner to work in Canada?

A: Yes, it is definitely possible for your common-law partner to work in Canada. In order to work legally in Canada, however, they will first need a work permit. Therefore, they must apply for their own work permit in order to work in Canada. Yet, there are some circumstances where your common-law partner may be able to work in Canada through an open-work permit. This is usually the case if you have sponsored your common-law partner within Canada and are waiting for a decision. Your common-law partner may be able to apply for an open work permit in that case. An open-work permit allows your common-law partner to work for any Canadian employer, anywhere in Canada; it does not restrict your common-law partner to one specific employer.

Q: How old does my common-law partner have to be in order to sponsor them to Canada?

A: Since June 10, 2015, Immigration, Refugees and Citizenship Canada (IRCC) have refused any sponsorship applications for common-law partners under the age of 18 years old. Therefore, any and all applicants applying under the Common-Law Sponsorship category must be at least 18 years old to apply.

Q: Is my common-law partner permitted to leave Canada and travel while IRCC processes the application for permanent residence?

A: It is possible for your common-law partner to leave Canada and travel while IRCC processes the application for permanent residence; however, it is important to meet the admissibility requirements in order to re-enter Canada. For instance, your common-law partner must have a valid passport in addition to a work permit, study permit, visitor visa or an ETA in order to be authorized to enter Canada after travelling. Keep in mind, if the common-law partner does not have one of these visas in order to return to Canada, then IRCC may determine that they have abandoned their application and may not process it. Therefore, consider this before your common-law partner travels.

Q: Is there a way to withdraw my application for common-law sponsorship?

A: Yes, there is a way for you to withdraw the application for common-law sponsorship. However, in order to do so correctly, you must make a request and fill out a Web Form on the Citizenship and Immigration Canada (CIC) website. In this Web Form, you must include your name; your date of birth; your address; the date you sent the application; your UCI number; the type of application that was sent, in this case common-law sponsorship; and lastly, the reason why you want to withdraw the application. You must also attach your government receipts to the web form request.

Q: How long does it usually take to process a common-law sponsorship application?

A: This entirely depends on when you submitted your application. If you submitted your common-law sponsorship application prior to December 7, 2016, then you will expect your application to be processed before the end of 2017. The reasoning behind this is that during that time, IRCC processes applications in the order that they receive them. In contrast, if you submitted your common-law sponsorship application after December 7, 2016 or if you have not submitted your application yet, then your application will be processed within 12 months (1 year). IRCC is determined to process applications as fast as they can, of course considering they have a multitude of applications to process. Therefore, in order to make sure your application is processed as quickly as possible, it is important to make sure your application is up to date and to link your application to an online account to receive any communication that IRCC requests or sends.

Contact Akrami & Associates

Should you have any further questions or feel confused or unclear about how to apply for a Common-Law sponsorship, it is important to talk about any questions you may have and discuss your concerns. By talking to immigration professionals about your concerns, this will ease your worries and assist with the application process. Many immigration applications are difficult to pursue on your own, if you are unfamiliar, and it is highly recommended that you seek out professional and experienced help before attempting to apply. Here, at Akrami & Associates, we work and have experience with many different immigration issues. We have helped many of our clients gain permanent residence through a Common-Law sponsorship and they are now happily living in Canada with their common-law partner. If you believe that you may be eligible for a Common-Law sponsorship, please feel free to contact Akrami & Associates at our office at 416-477-2545 for more information or if you would like to book a consultation with an immigration professional for more advise.

With Akrami & Associates, there is always a way!