What is Common-law Sponsorship?
Common law sponsorship is when you lived with your wife/husband for longer than a year without any long periods of separation. Unlike most immigrating ways, the common-law sponsorship falls under provincial jurisdiction. Each province has its own guidelines. Quebec does not recognize common-law sponsorships.
What are the Common Law Requirements?
There are certain requirements that you and your partner need to comply with to qualify for common-law sponsorship which includes the following:
- Having resided with each other for 1 years without long periods of separation (depends on the province)
- Financially able to support your common-law sponsor
- Demonstrating cohabitation
- Showing progression of time with documents. i.e. joint bills, etc.
Are there any Restrictions to Sponsoring my Common Law Partner?
- Gaining government assistance without being disabled
- Not paying alimony or child support even though the court required
- Not meeting the conditions of a spousal sponsorship in the past
- Were convicted of a crime:
- Offence of sexual nature
- Violent crime
- Offence against a relative that resulted in bodily harm or an attempt or threat to do so against them
- Whether or not a record suspension (pardon) was granted
If you comply with all the restrictions and requirements of the common-law sponsorship, then you are eligible to apply. When applying keep in mind to not forget any important documentation and to demonstrate on your application and to the officer that your relationship to your common-law partner is like a spousal relationship but without a marriage certificate.
It is recommended to file your common-law sponsorship application as soon as you or your sponsor is eligible. This is in part due to the very long processing times of the sponsorship application.
Can my Common Law Partner Work in Canada?
In addition to sponsoring your common-law partner to Canada to obtain permanent residence, your common-law partner can apply for a work permit. Your employer will need to get an LMIA to hire you.
However, if you choose to apply for an open work permit (allows one to seek any job), you must meet the following requirements:
- Allowed to work in Canada
- Their job must fall under:
- NOC A Professional Jobs
- NOC B Skilled and Technical Workers
- NOC O Managerial positions
- The job must be skilled that only a skilled professional can do
- And meet any other necessary requirements when filing your application and applying for sponsorship
Inland applications may be allowed open work permits before the application is approved in principle. This was introduced in December 2014. Those who submitted their applications prior to this will have their applications processed in the next weeks while those who submitted after, will have to wait months. This is an advantage that inland applications have over overseas applicants. Overseas applicants will not be entitled to this but may have their application processed somewhat faster which is an advantage for sending your application overseas.
They can work while their application is approved in principle. These work permits will be issued by Citizenship and Immigration Canada (CIC).
I am Sponsored to Canada do I Have any Rights?
When you are sponsored into Canada, you are instantly given the rights ever other permanent resident in Canada has. You also have the basic rights that every person has as soon as they step into Canada and then some.
Your Rights Include:
- Being allowed to work or study in Canada without a work or study permit
- Having access to health coverage and social services
- Being allowed to leave and re-enter Canada
As a new Canadian, you are allowed to look for a job within Canada. Any kind of job you can find, you are now allowed to find employment wherever you would like.
You also now can go to school in Canada without requiring a study permit to attend classes. You can enroll in whichever school you would like, whatever program interests you at any college or university you are accepted to.
A major advantage to being sponsored and becoming a permanent resident is that you can now leave and re-enter Canada, as many times as you would like, you are not limited by a visa to keep you in Canada. As a new permanent resident to Canada, you have unlimited re-entry.
You now have complete access to the public health coverage in Canada for Canadians and you have access to all social services provided to help Canadians.
Should I hire an Immigration Lawyer to help me with my Sponsorship Application?
It is advisable to consult with a legal professional as they can aid you and your common-law partner throughout this process. They will help you and your common-law partner in gathering the required and supporting documentation to prepare a stronger application. As a result, you will have a higher chance of approval.
Contact Akrami & Associates
Our legal experts have great deal of experience and knowledge in common-law sponsorship applications and have helped many file successful applications. If you have trouble filing your own application please contact us at 416-477-2545 or call our toll free number at 1-877-820-7121 and we will be glad to guide you step by step with your application process and making sure all the required documentations are submitted with your application.
We also offer affordable Do It Yourself Kit if you decided to submit your own application like a pro!! Our Do It Your Self Immigration Kits are created to provide you step-step guidance on how to submit your own application. We also offer a review of your application when you purchase our Elite kit which gets you a consultation and a final review by one of our legal experts. Looking forward to hearing from you.
With Akrami & Associates there is always a way!!