The Common-Law Partner Sponsorship to Canada, Part 2

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The Common-Law Partner Sponsorship to Canada, Part 2

In our previous article, we talked about common-law relationships and their viability as a pathway to Canadian immigration. We discussed the proper qualifications and whether or not it is possible to immigrate despite the varying legalities from country to country. We also discussed the consequences of falsifying a marriage or common-law relationship at length. 

In this article, we are going to talk about complex situations regarding common-law partner sponsorship. After all, the knowledge might improve your chances and allow you to make informed decisions about your application or sponsorship.

With no further ado, here are a few more questions about common-law sponsorship, answered:

Why can’t my partner just apply for a visa to Canada? 

Visa officers assess applicants on a few criteria: first, that they have no intention to remain in Canada permanently once their visa has expired; second, that they are fully capable of returning to their country of origin; third, that their ties to the country do not indicate an intention to remain.

In essence, the visa officer is trying to determine whether or not the person applying for a visa will return to their country of origin. If you want your common-law partner to reside in Canada on a permanent basis, you must channel their application through the appropriate pathways.

Will an intention to remain overseas affect our application?

The short answer: yes. The intention to remain overseas will affect your sponsorship application. While waiting for your partner to be granted Permanent Residency, you may receive a job offer overseas. Whatever the reason for your intention to remain overseas might be, it will likely affect your application depending on the circumstances. 

Under Canadian immigration regulations, the sponsor must remain and intend to reside in Canada once their common-law partner becomes a permanent resident. It is one of the key requirements for eligibility to become a sponsor in the first place. If your intentions do change, you must inform the IRCC. You can choose to apply once you intend to return and reside in the country.

If you fail to inform the IRCC, you or your partner might be banned for 5 years for unlawful representation. 

What happens if we break up sometime during the process?

If the common-law relationship has broken down with no hope of reconciliation, then you have a legal obligation to notify the IRCC. The applying partner will likely have their application rejected in this case. If they are already in Canada, they should seek out other options to remain in the country. 

Immigration experts often recommend waiting 2 to 4 weeks before informing the CIC of a relationship breakdown, in case the couple decides to reconcile again. However, if there is absolutely no hope, do not land on Canadian soil. This may result in deportation and a 5-year ban. 

Final thoughts

The process of immigrating to Canada is difficult, but there are options to make it easier. No matter what pathway you choose to immigrate into the country, make sure to follow the regulations and provide whatever you need to provide. If you can, consult immigration experts to increase your chances of success. 

If you’re looking for professional help from a trusted firm, please contact us at info@brightimmigration.com or call 1-888-404-8472.

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Expert help, expert care

Our professionals make the difference. Our representatives are recognized by the Immigration Consultants of Canada Regulatory Council and Law Society of Upper Canada. We are guided by our commitment to professionalism, ethics, and belief in providing our client with access to quality legal care and immigration help. You can rest assured that you are well represented and protected when you choose Bright.
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