Common-Law Sponsorship
What is common law sponsorship?
Common law sponsorship is a permanent residence application that allows a Canadian citizen or permanent resident to sponsor their common law partner to live in Canada permanently. To qualify, the couple must have lived together continuously for at least 12 months in a marriage like relationship.
Who can sponsor a common law partner for PR in Canada?
A sponsor must be a Canadian citizen or permanent resident, be at least 18 years old, and reside in Canada or show a genuine intention to return to Canada. The sponsor must not be receiving social assistance other than for disability, must not be in default of a prior sponsorship or immigration loan, and must not be subject to sponsorship bars arising from criminal history or previous undertakings.
Who qualifies as a common law partner?
A common law partner is someone with whom you have lived continuously for at least 12 months in a committed, marriage like relationship. Short or temporary separations may be acceptable if properly explained, but any break in cohabitation must be carefully documented. Dating relationships, long distance relationships, or relationships based mainly on visits do not meet the common law definition.
What does “12 months of cohabitation” actually mean?
IRCC expects proof that both partners lived together at the same address for a full 12 month period. This usually requires documents showing shared residence throughout the period, not just at the beginning or end. Gaps, overlapping addresses, or unclear timelines are one of the most common reasons common law applications are refused
Inland vs outland common law sponsorship
Common law sponsorship can be filed inland or outland depending on where the sponsored partner lives. Inland applications may allow eligibility for a spousal open work permit but generally do not include a right of appeal if refused. Outland applications usually carry appeal rights and may process faster depending on the country involved. Choosing the correct stream is a strategic decision.
What proof does IRCC expect in common law cases?
Common law cases are evidence heavy. IRCC expects clear proof of cohabitation such as joint leases, shared utility bills, mail addressed to both partners at the same address, joint bank accounts, insurance policies, and government correspondence. Additional evidence such as photos, travel history, communication records, and statements from friends and family are used to support the cohabitation evidence, not replace it.
Why are common law sponsorships refused?
Refusals usually occur because IRCC is not satisfied that the couple actually lived together for a full 12 months or because the evidence does not clearly show a shared household. Inconsistent addresses, missing months of proof, reliance on screenshots or photos instead of formal documents, and unexplained separations are frequent problems.
What can you do if your common law application was refused?
A refusal does not necessarily mean the relationship is not genuine. In most cases, the issue is evidentiary. Reapplying without fixing the cohabitation proof almost always leads to another refusal. A proper reapplication requires rebuilding the timeline and addressing the officer’s specific concerns.
How long does common law sponsorship take?
Processing times vary depending on whether the application is inland or outland, the country of residence, and the complexity of the file. Published IRCC timelines are averages and do not guarantee processing speed.
How much does common law sponsorship representation cost?
Legal fees depend on the strength of the cohabitation evidence, prior refusals, and overall complexity. Most common law sponsorship files fall within the CAD 3,000 to CAD 4,000 range. Government fees are paid separately to IRCC.
Our scope of services
Our services include a full assessment of common law eligibility, review of cohabitation evidence, identification of weaknesses, and development of a clear legal strategy. We prepare and review all forms and supporting documents, advise on evidence selection and presentation, draft legal submissions where required, and manage the application from start to finish. Where appropriate, we also advise on appeals and judicial review options.
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