Canada Common Law Sponsorship
What is a Canada Common Law Sponsorship
Common-law partnerships occur when two people share an intimate, similar to marriage relationship that lacks legal obligations associated with it. They can either be of opposite gender or same. Proof of cohabitation must be shown within conjugal relationship for common-law partnerships to exist legally as opposed to de facto.
As Common-Law relationships do not legally constitute marriage, spousal sponsorship cannot legally apply; however there may be many indicators which demonstrate their partnership status which could serve as evidence that can support it.
De Facto Relationship vs De jure Relationship
De Facto Relationship: The term de facto refers to relationships which exist but have yet to be legally established, such as common-law partnerships or marriages that have yet to be recognized by courts of law. Common-law couples must demonstrate they lived together at least a year prior to filing immigration sponsorship applications in order to qualify as legal under this classification.
De jure relationship: Legal relationships or affairs formed according to legal parameters are known as de jure relationships in immigration sponsorship and include marriage as one such example of such. This term should also encompass formal partnerships formally recognized under domestic partnership legislation (such as cohabitation).
How to apply for Common Law Sponsorship
The process can be complex due to variable and unique circumstances, reach out to us today and we will guide you the best way to get everything in proper order for the most efficient process ever! We at Fourth Dimension Immigration are legal and Canada Government Regulated RCIC and CICC Immigration Counsel, we don’t take shortcuts and follow legal steps to the letter.
Certain misconception about the Canada Common Law Sponsorship
Period of cohabitation
Most common-law couples often confuse the length of time spent living together when considering whether to file for sponsorship of one partner by another.
Child with partner bypasses 12-month cohabiting.
Myth: Common law partners who have lived together less than 12 months will qualify to sponsor each other into Canada as common law partners and visa versa.
There is no financial obligation
Sponsors remain financially accountable to ensure their partners’ wellbeing for three years as specified by the signed undertaking agreement.
Living abroad prevents common-law partner sponsorship.
Canadian citizens may demonstrate intent by showing physical proof. Permanent residents need to physically be in Canada in order to initiate sponsorship proceedings.
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Let’s discuss the details
Schedule a meeting at one of the offices or online. A lawyer will analyze the situation, calculate the cost and help you find a solution based on your goals.
- Preparation of documents
- Due Diligence
