The common-law sponsorship process in Canada allows Canadian citizens and permanent residents to sponsor their partners for permanent residence if they have lived together for at least 12 consecutive months in a marriage-like relationship. This pathway is vital for couples who are committed but not legally married.
In this guide, we’ll break down the process step by step, highlight acceptable proofs, and explain the timelines so you know what to expect.
Step 1: Check Your Eligibility
To sponsor your partner under the common-law category, you must:
- Be at least 18 years old.
- Be a Canadian citizen, permanent resident, or registered under the Canadian Indian Act.
- Not be receiving social assistance (except for disability reasons).
- Be able to financially support your partner.
Real-life Example:
If you’re a Canadian citizen working in Toronto and your partner has been living with you for over a year, you may qualify. However, if you were apart for several months due to work travel, this could disrupt the 12-month cohabitation requirement unless you prove the separation was temporary and involuntary.
Step 2: Understand What “Common-Law” Means
Common-law partners must demonstrate they have lived together in a marriage-like relationship for at least 12 consecutive months. Temporary separations (e.g., due to work, studies, or family obligations) may be accepted if you provide evidence that you maintained the relationship.
Acceptable proof of cohabitation and shared life includes:
- Joint lease or mortgage agreements.
- Utility bills under both names.
- Joint bank accounts or credit cards.
- Shared insurance policies (health, life, or auto).
- Receipts of shared household expenses.
- Mail or government documents showing the same address.
Example:
If you and your partner share a joint bank account, utility bills, and have travel tickets booked together, these strengthen your case.
Step 3: Gather Required Documents
You will need to submit:
- Proof of relationship (photos, communication logs, travel history, etc.).
- Proof of cohabitation (leases, bills, joint accounts).
- Identity documents (passports, birth certificates).
- Police clearance certificates from countries where your partner lived for 6+ months.
- Medical exam results by an approved panel physician.
Tip: The stronger and more diverse your proofs, the better. A single joint account may not be sufficient without additional supporting evidence.
Step 4: Choose the Type of Sponsorship
There are two types of applications:
- Inland Sponsorship – If your partner is living with you in Canada.
- Your partner may apply for an open work permit while the application is in process.
- Ideal if you want to stay together in Canada during processing.
- Your partner may apply for an open work permit while the application is in process.
- Outland Sponsorship – If your partner lives outside Canada.
- Application is processed by the visa office in their country of residence.
- Faster in some cases but requires being apart unless you can travel.
- Application is processed by the visa office in their country of residence.
Example:
If your partner lives in India while you live in Canada, applying outland is usually better. If they’re already with you in Canada on a visitor visa, inland might be more convenient.
Step 5: Submit the Application
Applications are submitted online through the IRCC portal. Make sure to:
- Fill out all forms accurately.
- Upload all required documents.
- Pay the sponsorship fee, biometrics fee, and permanent residence processing fee.
Pro Tip: Double-check forms. A missing signature or document can delay your application by months.
Step 6: Biometrics, Medical, and Background Checks
Once submitted, IRCC will request biometrics (fingerprints and photo) and a medical exam. The applicant must also pass criminal and security checks.
Timeline Note:
- Biometrics & medical exams: Within the first few months.
Background checks: Can take several months, depending on the applicant’s country.
Step 7: Wait for Processing
Processing times vary depending on where you apply:
- Inland applications: Around 12–18 months.
- Outland applications: 8–16 months (depending on the visa office).
Example:
An applicant from the UK may receive approval in 12 months, while one from a country with higher processing volumes could wait up to 18 months.
Step 8: Receive a Decision
If approved, your partner becomes a permanent resident of Canada. You’ll also receive instructions on landing (if outside Canada) or confirmation of permanent residence (if inside Canada).
FAQs
1. What counts as acceptable proof of shared finances?
Joint bank accounts, credit cards, shared household bills, and co-signed loans are good examples. Even if you don’t have all of these, combining several proofs can strengthen your application.
2. Can we still qualify if we were apart for a few months?
Yes, temporary separations due to work, family, or studies may be accepted if you provide proof that the relationship continued (emails, travel history, calls, remittances).
3. How long does the process take?
On average, 12–18 months, but this varies by visa office and applicant’s country of residence.
4. Can my partner work while waiting?
Yes, if applying inland, your partner can apply for an open work permit. Outland applicants generally cannot work in Canada until approved.
5. What if our application is refused?
You can appeal to the Immigration Appeal Division (IAD) or reapply with stronger evidence.
Conclusion
The common-law sponsorship process may feel overwhelming, but with the right documents, strong proofs, and clear understanding of timelines, it is very achievable. Providing real-life evidence of your relationship and preparing for possible delays are the keys to success.
If you’re considering applying, consulting an experienced immigration advisor can help you avoid mistakes and speed up approval.