In the immigration context, a common-law partner refers to a person sharing a conjugal or de facto relationship with another person. However, one cannot simply declare that another is a common-law partner without any proof or basis. Thus, it is crucial to know more about the requirements and qualifications before considering sponsorship.
There are certain conditions one must meet before being recognised as a common-law partner of another. The person in question can be of the same sex or opposite sex but must be at least 18 years of age. Additionally, one must be living with the said partner for at least 12 months with periods apart only for business or family purposes.
If you and your significant other meet all these qualifications, then you are free to apply to serve as your common-law partner’s sponsor for Canadian Permanent Residence. However, it would be helpful to look at some of the information below before heading to the immigration agency to clear up some misunderstandings and misconceptions about common-partner sponsorship.
Are We Still Considered Common-Law Partners Though We Are Currently Apart?
Yes, you are still considered as common-law partners even though you’re currently living apart. There are no set limitations on the amount of time you can spend apart from each other as long as your relationship as a couple is still intact.
Nonetheless, it’s also possible that this kind of circumstance can decrease the likelihood of getting your application denied, especially if you’ve been away from each other longer than you’ve lived together. Hence, it is vital to have supporting documents that explain why you’re currently living apart from each other.
Can We Be Recognised as Common-Law Partners If We Are Engaged To Be Married?
One of the qualifications to be considered as a common-law couple is to cohabitate for a year. So if you and your beloved are engaged to be married but aren’t living together, you are not common-law partners.
How Do We Prove That We Have Been Cohabitating for at Least 12 Months?
The Canadian government is pretty strict about the cohabitation period required for common-law partners. Thus, you must be ready to submit documents that will serve as proof that both of you have spent at least an entire year living together.
You can pass documents of shared ownership of residential property, joint rental agreements, bills for shared utility accounts and identification cards with the same address.
Will Having a Child Together Eliminate the Need To Finish the Entire Cohabitation Period?
The answer is no. Whether you and your significant other have a child together, you are not considered common-law partners without fulfilling the minimum cohabitation period. The same applies to couples who have a child together but live in a different household.
How Long Does it Take to Process Common-Law Sponsorship Applications?
Usually, it takes around 12 months to process a common-law sponsorship application. Still, it is essential to understand that the processing time may vary depending on the application’s complexity and the couple’s circumstances as well.
Admittedly, common-law sponsorship can be pretty confusing for some. However, as long as you keep the fundamentals of a common-law partnership in mind and prepare all the necessary documents, you’ll find that it’s not as difficult as it seems.
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