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How to Sponsor your Common Law Spouse in Canada

Submitting a common law sponsorship application in Canada involves detailed and thorough preparation. Here’s an overview of the key steps and considerations:

Eligibility for Sponsorship

First, it’s crucial to determine if you’re eligible to be a sponsor. You must be at least 18 years old and a Canadian citizen, permanent resident, or a person registered under the Canadian Indian Act. Additionally, you cannot sponsor someone if you’ve been convicted of certain violent crimes or if you’re under a five-year sponsorship bar due to your recent permanent resident status.

Understanding the Definition of a Common-Law Partner

A common-law partnership is recognized when you have been living with your partner for at least 12 consecutive months in a marriage-like relationship. This includes same-sex partners. You’re expected to provide proof of this living arrangement, which can include shared ownership of residential property, joint leases or rental agreements, bills for shared utility accounts, and important documents showing the same address, like driver’s licenses or insurance policies.

Getting the Application Package

The application package, available on the Immigration, Refugees and Citizenship Canada (IRCC) website, includes a document checklist, forms for both the sponsor and the sponsored person, and an instruction guide. It’s essential to read the guide carefully to understand how to correctly fill out the forms. Note that the sponsorship application fee is non-refundable.

Completing and Submitting the Application

The application process involves several forms, including the Generic Application Form for Canada (IMM 0008), Schedule A – Background/Declaration (IMM 5669), Additional Family Information (IMM 5406), and Supplementary Information – Your travels (IMM 5562). These forms must be filled out online, and you’ll need to upload photos as per the specified requirements.

Paying the Fees

Your application will include processing fees for yourself, the person you’re sponsoring, and any dependants, along with the right of permanent residence fee and biometrics fee. These fees must be paid online, and additional fees may apply for medical exams and police certificates.

Additional Information During Processing

During the processing of your application, you may be asked to provide additional information such as medical exams, police certificates, and biometrics. It’s important to respond promptly to these requests to avoid delays in processing.

Understanding the Classes of Application

You can sponsor under the Family Class or the Spouse or Common-Law Partner in Canada Class. The choice depends on factors like whether the sponsored person lives inside or outside Canada and whether they intend to stay in Canada during the application process.

Contact Us

If you are interested in sponsoring your common law partner, we can help you assess your eligibility, navigate your options, and prepare a complete application that meets IRCC’s strict guidelines.