Common Law Sponsorship

What Is Considered To Be A Common Law Relationship?

The two parties must have lived together for a minimum of a year with no long periods of separation. The parties can include opposite sexes or same sex relationships. Either party of the application can go away for work but the separation must be short and not permanent. While living together the main point that you must prove is that you are living in a “marriage like relationship”. The proof for this may include:

  • Joint bank account statements
  • Insurance policies with both of your names on it
  • Any government authority indicating that a common law relationship is taking place
  • Mortgages
  • Leases

Unlike marriage, a common law relationship can end when one party decides that they no longer want to continue it. It is a common preconception that within a
common law relationship if it does end both parties are entitled to half of everything. This is entirely false and does necessarily mean that it is required to happen.

Each province sees common law relationships in different ways, but in terms of the immigration you would look under the Federal definition.

You may not be considered common law if:

  • You did not meet all the requirements in the past
  • You failed to make payments that were ordered by the court or;
  • You are receiving money from the government that is for purposes other than disability

You may be denied Common Law Sponsorship if:

  • If you have ever been convicted of a sexual natured offence
  • You have committed a violent crime or;
  • You have committed or attempted to commit an offence against the person that you are applying with

The first step of this process is to ensure that you are in fact eligible to become your
common law partner’s sponsor. In order to do this you will follow the same steps that you would if you were filing the spousal application.

You must be able to provide for them:

  • Adequate food and water
  • A shelter for them to live in
  • Proper clothing
  • Financial support- you must show that you are able to support them financially and not have them looking to the government for assistance. An officer can deny the application on the suspicion that they think you would not be able to live up to your promise to properly financially support your partner.

We have been able to help several applicants with this process in the past and we know there will be more in the future.

If you are still unsure about the qualifications and the applications itself we will gladly help you to complete the process so you can get the application started efficiently and properly.

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