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Common Law Sponsorship: Inland Vs Outland- comparing advantages
There are 2 types of applications available if you are looking to sponsor your common law partner. The type to apply for depends on whether the applicant is residing inside or outside of Canada.
Often, when individuals refer to spousal sponsorship, they are referring to the streams of sponsorship in which partners sponsor each other; they may not necessarily be referring specifically to the process of spousal sponsorship. This is important to understand because there is a slightly different process for each of the three available routes under family class sponsorship. Specifically, if you would like to apply under any of the three programs, you must meet the eligibility requirements of that program. Throughout this article, we will explain the basics of conjugal sponsorship, common-law sponsorship, and spousal sponsorship, and we will be sure to touch on the requirements to be eligible for each of the sponsorship streams.
Spousal sponsorship is a way helping your spouse become a permanent resident of Canada, so that the two of you may begin living together forever. To be eligible as a couple to apply for spousal sponsorship, you must be legally married. This means, you must have a marriage certificate for proof. While also the marriage must be conducted in such a way that it is legally recognized by both the country in which the marriage took place, and would also pass the legal qualifications of a Canadian marriage. Finally, you must be over the age of 18 to get married, or, have been over the age of 18 when you got married, regardless of the laws in your country of origin. Therefore, you must also both be over 18 to apply for spousal sponsorship.
Are you and your partner hoping to live together permanently in Canada someday? Have you and your partner already been living together for more than a year? If so, you may qualify as a common-law partnership. If you legally qualify as common-law partners, you may be eligible to apply for spousal sponsorship as common law partners, and achieve your dreams of living together permanently. Oftentimes, people believe that because they are not legally married, they do not have the option of applying for spousal sponsorship, however, this is not the case. As mentioned, if you meet the requirements of a legal common-law relationship, you may be eligible to sponsor your significant other, and help them achieve permanent residency. This article will help you understand the legal requirements of a common law relationship, and what you can expect the process of sponsoring a common-law partner to look like.
To officially be considered to be in a common-law relationship, you and your partner must have been living together for at least one full year, and be engaged in a conjugal relationship. To be living together and have both you and your partners affairs taken care of together, is considered cohabitating. Cohabitation is the legal requirement of a common law relationship. You cannot claim legal common law status if you and your partner have lived together intermittently for periods of time which add up to one year. The key is that you have lived together continuously for a full year. If you must spend time living apart, it must be short and justified by the circumstances; such as a family or business obligation. The relationship between you and your partner must also meet the standards of a legal marriage. For example, your relationship must be monogamous, and both individuals must be over the age of 18. If you and your partner began living together before either of you turned 18, the one year period you must live together does not begin until you are both 18 years old.
